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03/25/2014CITY OF GRAND TERRACE AGENDA & STAFF REPORTS FOR THE REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY r REDEVELOPMENT AGENCY & THE GRAND TERRACE HOUSING AUTHORITY \ , TUESDAY, March 25, 2014 6 00 P.M. Regular Meeting COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER - 22795 BARTON ROAD GRAND TERRACE, CA 92313 Walt Stanckiewitz, Mayor Darcy McNaboe, Councilmember Jackie Mitchell, Councilmember Sylvia Robles, Councilmember Kenneth J Henderson, Interim City Manager Richard L Adams, City Attorney' Cynthia A Fortune, Finance Director Sandra Molina, Interim Community Development Director Shar Toler, Interim Secretary J The Grand Terrace City Council meets on the Second and Fodrth Tuesday of each month at 6 00 pm. CITY OF GRAND TERRACE CITY COUNCIL AGENDA • MARCH 26, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center . 22795 Barton Road 1 2 3 A The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a request to speak form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at city hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www cityofgrandterrace org CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency and the Housing Authority Invocation Pledge of Allegiance Roll Call Attendee Name Present I Absent I Late I Arrived Mayor Walt Stanckiewitz ❑ ❑ ❑ Council Member Darcy McNaboe ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Sylvia Robles ❑ ❑ ❑ ITEMS TO DELETE SPECIAL PRESENTATIONS Lieutenant Donny Mahoney to present the Year -End Criminal Statistics report CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion Waive Full Reading of Full Ordinances on Agenda City of Grand Terrace Page 1 Updated 41412013 1129 AM Agenda Grand Terrace City Council March 25, 2014 B Approval of Minutes — Regular Meeting — 03/11/2014 C Approval of Check Register No 03-11-2014 1 D Advertisement for Planning Commission Appointments E Emergency Operations Committee Business 4 PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting 5 COUNCIL REPORTS 6 PUBLIC HEARINGS - NONE 7 UNFINISHED BUSINESS A Selection of Design Alternatives for Washington Street Interchange/Mt Vernon Avenue Improvement Project 8 NEW BUSINESS A A Resolution of the Housing Authority Accepting Housing Assets and Granting a Construction Extension to Habitat for Humanity San Bernardino Area, Inc 9 CLOSED SESSION I10111[I711 c7►1 A At the request of Council Member Sylvia Robles, adjourn the meeting in honor of Richard M Mendoza The Next Regular City Council Meeting will be held on Tuesday, April 8, 2014 at 6 00 PM Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting City of Grand Terrace Page 2 Updated 41412013 1129 AM Minutes Grand Terrace City Council March 25, 2014 4 5 C Approval of Check Register No 03-11-2014 D Item Pulled from Consent Pulled from Consent for further discussion by Council Member Jackie Mitchell E Emergency Operations Committee Business F G A B A Council was introduced to EOC candidates, Paul Tickner and Joe Ramos (one primary, one alternate), and received a brief presentation regarding their qualifications ITEMS REMOVED FROM CONSENT CALENDAR RESULT ACCEPTED AS AMENDED [UNANIMOUS] MOVER Sylvia Robles, Counciem er SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles Advertisement for Planning Commission Appointments Council Member Jackie Mitchell asked about the appointment and interviewing process for City Commissions, and Interim Community Development Director, Sandra Molina, responded that it is standard for the Council to interview applicants RESULT APPROVED [UNANIMOUS] MOVER Jackie Mitchell, Council Member SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles Iall 41111[0K40]IT, 1► I-�rk H Lions Club, Alexis Morgan and Christine Lucas Ms Morgan and Ms Luna extended an invitation Community Luncheon on April 4, 2014 at 12 OOPM year involvement in the community Foundation of Grand Terrace, Pastor Andy McRae from the Lions Club President to attend the free At the luncheon, they will discuss the Lions Club 40- Pastor McRae announced, in cooperation with the Boys and Girls Clubs of America, the Foundation of Grand Terrace will be coordinating a summer day camp for the area's youths Advertising will be announced at the end of the Spring Break period for resident schools Additionally, Pastor McRae announced the Foundation has launched a Healthy Grand Terrace Initiative and will be submitting a Healthy Cities Initiative application to the County Department of Public Health at the end of the week The goals of their submission are to obtain $25,000 in seed money along with 1-year of assistance from a Public Health Intern in a graduate studies program COUNCIL REPORTS Council Member Jackie Mitchell Expressed her thanks for the successful turnout at the Mayor's Ball on March 21, 2014, and thanked Mayor Stanckiewitz for his participation Also Council Member Mitchell, brought to light some concerns City of Grand Terrace Page 2 AMENDED 0 CITY OF GRAND TERRACE CITY COUNCIL MINUTES • MARCH 11, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795 Barton Road CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation - Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance - Council Member McNaboe Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member Present Kenneth J Henderson Interim City Manager Present Emily Wong Interim Assistant City Manager Present Steve Elam Finance Department Present Cynthia Fortune Finance Director Present Sandra Molina Interim Community Development Director Present Robert Khuu Deputy City Attorney Present Mari Montes Secretary Present Donny Mahoney San Bernardino County Sherifrs Department Present 1 ITEMS TO DELETE - ITEM 8 A At the request of the San Bernardino Associated Governments (SANBAG), Interim City Manager Ken Henderson recommended Item 8 A be continued to the next Regular City Council Meeting date of Tuesday, March 25, 2014 at 6 OOPM 2 SPECIAL PRESENTATIONS - NONE 3 CONSENT CALENDAR Consent Calendar items A, B, and C were approved unanimously RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Council Member SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles A Waive Full Reading of Full Ordinances on Agenda B Approval of Minutes — Regular Meeting — 02/25/2014 C Approval of Check Register No 03-11-2014 City of Grand Terrace Page 1 ENDED Minutes Grand Terrace City Council March 11, 2014 1 4 PUBLIC COMMENT Denis Kidd, Grand Terrace, spoke regarding the success of this year's Blue Mountain Walk, and specifically thanked the San Bernardino County Sheriffs Department, the Citizen's Patrol, the San Bernardino County Fire Department, Matt and Vic from the City of Grand Terrace, Earl Fraser, the Lion's Club, the Boy Scouts of America, Azure Hills Seventh-Day Adventist Church and JoAnn Johnson Arnold San Miguel, Southern California Association of Governments (SCAG), announced an invitation to join SCAG at its Annual Meeting on May 1-2, 2014 to be held in Indian Wells, CA Mr San Miguel also announced nominations are currently being accepted for the Sustainability Award that will be issued at the Annual Meeting in May The deadline for submission of nominees for the award is March 21, 2014 5 COUNCIL REPORTS Council Member Jackie Mitchell noted her attendance at this year's Blue Mountain Walk, and conveyed her satisfaction with the attendance and support received from the community during the event She gave a personal thanks to Denis Kidd, and all of the volunteers who assisted with success of the walk Council Member Sylvia Robles announced that she is running for the State Senate, District 20, in the upcoming elections as noted in previous press releases Council Member Darcy McNaboe indicated her thanks to Denis Kidd for the job he did with this year's Blue Mountain Walk, and its outstanding turnout Council Member McNaboe also reminded residents to be on the lookout for mailers inserted in Riverside Highland Water Company bills that provide an Annual Report of consumption, and tips on how to conserve water during the period of drought currently being experienced in the region Mayor Walt Stanckiewitz reported the receipt of an email from Paula Beauchamp at SANBAG, noting the successful completion of the environmental phase of the 1-215 Barton Road Interchange project by the Project Development Team The Mayor indicated this marks the official move into the design phase of the project as it remains on schedule for phase completion in early to mid-2016 6 PUBLIC HEARINGS - NONE 7 UNFINISHED BUSINESS A Mid -Year Budget Review for Fiscal Year 2013-14 Cynthia Fortune, Finance Director and Steve Elam, Project Manager, presented the Mid -Year Budget Review staff report, including information regarding the General Fund, Wastewater Fund and the Childcare Fund Staff also presented information regarding recommended budget appropriations, recommended reserves and FY 2014/2015 Budget Guidelines Council Member Darcy McNaboe indicated that the provided report was well stated, and easy to follow Also, she asked questions regarding the review of the ROPS payments previously received by the County Auditor Controller's office and the schedule for receipt of ROPS 13-14B Finance Director Cynthia Fortune responded that the results of the review should be received prior to the end of the current fiscal year, as any adjustments to the amount will be submitted during the upcoming fiscal year Council Member McNaboe's also asked about the 2014-2015 and 2017-2018 projections from the Five - Year Budget Plan and Project Manager Steve Elam confirmed that the cuts had not been reflected and will be noted in next year's budget City of Grand Terrace Page 2 1AMENDED Minutes Grand Terrace City Council March 11, 2014 Council Member Sylvia Robles relayed a conversation she had with County Auditor-Controller/Treasurer Tax Collector, Larry Walker, regarding the enforceable obligations of the former Redevelopment Agency Council Member Robles and Mr Walker agreed that the City was following the best course of action by reconciling the process and providing the clarity necessary to ensure the accuracy and transparency of the ROPS distribution process Council Member Robles voiced her concern for the 2015-2016 and 2017-2018 projected budget deficits considering the Five -Year Budget Plan does not currently address the anticipated transition from a contract City Manager and contract Assistant City Manager Council Member Jackie Mitchell reiterated two of the questions posed by Council Member McNaboe regarding which of the ROPS payments were targeted for possible negative adjustments, and when will the updates to the Five -Year Budget Plan be issued? Finance Director Cynthia Fortune informed Council that all 3 ROPS payments received were listed on the correspondence from the County Auditor -Controller's office while Project Manager Steve Elam confirmed that the updates to the Five -Year Budget Plan would be made as part of the FY 2014/2015 budget process Additionally, Council Member Robles wanted to discuss the Childcare Center The request was echoed by Council Member Mitchell who requested a consensus to discuss the Childcare Center as a standalone agenda item at a future meeting of the City Council Consensus was granted Council Member Robles asked if the City was paying for CalPERS for employees of the Childcare Center Finance Director, Cynthia Fortune, answered that the City pays for CalPERS for full-time employees of the Childcare Center [Amended 03/31/2014] Mayor Walt Stanckiewitz asked a question regarding the repayment of the Loan to General Fund item listed on page 18 of the agenda packet Project Manager, Steve Elam, responded by indicating the payment was structured as an advanced payment, which will afford the opportunity to forego the annual payment If necessary Mayor Stanckiewitz voiced his concern regarding the continued validity of the statement noted in the Fiscal Year 2014-2015 proposed budget guidelines, indicating that there would be no change to the staffing levels nor a change in service levels Project Manager Elam explained Staff would be preparing a base budget based upon the adopted guidelines and that any increases to the base budget would be by policy action of the Council Mayor Stanckiewitz addressed Lieutenant Donny Mahoney regarding the status of the new license plate recognition software Lieutenant Donny Mahoney confirmed that the software is being implemented at no cost to the City Mid -Year Budget Review Items 2 and 3 were approved unanimously RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Council Member SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 8 NEW BUSINESS A Selection of Design Alternatives for Washington Street Interchange/Mt Vernon Avenue Improvement Project Item 8 A was continued until the City Council meeting of March 25, 2014 City of Grand Terrace Page 3 AME ER Minutes Grand Terrace City Council March 11, 2014 RESULT CONTINUED [UNANIMOUS] Next 3/25/2014 6 00 PM MOVER Darcy McNaboe, Council Member SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles B Wastewater Agreements Between the City of Grand Terrace and the City of Colton Andy Turner of Lagerlof, Senecal, Gosney & Kruse LLP presented the staff report regarding the Settlement Agreement and Release, Sewer Services Agreement, and the Lease Agreement Mr Turner indicated approval of the agreements would resolve ongoing monetary disputes, staff deficiency concerns as they relate to maintenance, and will result in a one time payment of $400,000 from the City of Colton to the City of Grand Terrace Mr Turner also indicated the City would be receiving a $300,000 annual lease payment from Colton Mayor Walt Stanckiewitz recognized the importance of the agreement by requesting Interim City Manager Ken Henderson to relay a sewer issue that resulted after the recent rain storm and Mr Henderson responded accordingly Mayor Stanckiewitz believes it will be a mutually beneficial resolution for cities Council Member Sylvia Robles reiterated the necessity for the prompt approval of the agreement considering the possible inconveniences incurred by residents Council Member Jackie Mitchell addressed the time table for implementing the terms of the agreement Interim City Manager Ken Henderson indicated an anticipated implementation in Fiscal Year 2014-2015 with the assumption of a successful Proposition 218 process Council Member Darcy McNaboe verified a payment of $1,200,000 would be made from the City's Wastewater reserve fund according to the Settlement Agreement and asked questions regarding how the amount was to be utilized Attorney Andy Turner provided a breakdown of how the payment will be utilized in an account established specifically for Grand Terrace Council Member McNaboe asked also about the effect on the General Fund if the Proposition 218 protest vote prevailed Attorney Andy Turner confirmed that the rate increases would be paid from the General Fund should the residents successfully protest the establishment of new sewer rates Council Member Jackie Mitchell requested confirmation of rate increases and Council Member McNaboe asked whether or not the City of Colton would have the authority to increase rates for the residents of the City of Grand Terrace Attorney Andy Turner indicated the rates for both cities will be the same, however, the five year projections by the City of Colton show increases of approximately two percent (2%) over that period of time Council Member Sylvia Robles requested a brief overview of Proposition 218 Attorney Andy Turner provided an explanation RESULT APPROVED [UNANIMOUS] MOVER Jackie Mitchell, Council Member SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 9 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Section 54956 8 of the Government Code City of Grand Terrace Page 4 AMENDED Minutes Grand Terrace City Council March 11, 2014 Property Grand Terrace Senior Citizens/Community Services Center - located at 22140 Barton Road, Grand Terrace, Ca 92324 Agency negotiator Kenneth I Henderson, Interim City Manager Negotiating parties Grand Terrace Lions Club Under negotiation Terms of Lease Payment CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956 9 One Potential Case - California Reform Sex Offender Laws (CA RSOL) City is in receipt of a written threat of Litigation, as described in Section 54956 9 (e)(3) of the Government Code, dated 1/20/2014 from CA RSOL With regard to the item relating to the sex offender ordinance on the closed session agenda, the City received a demand from CA Reform Sex Offender Law to repeal Chapter 9 32 of the Grand Terrace Municipal Code which relates to Sex Offender Residency or they would bring legal action against the City This demand is based on a recent appellate court decision that held that such local laws are pre-empted by State Law That Appellate Court decision is currently on appeal to the California Supreme Court The Council gave direction to respond to the letter indicating that rather than repeal the Chapter, the City will suspend enforcement of the Chapter until the California Supreme Court makes a ruling on the matter This action was approved by the Council unanimously With regard to the item relating to the Lion's Club lease on the closed session agenda, the City Council was provided with a report on this matter by the City Negotiator and legal counsel The Council provided its negotiator with direction No final action was taken Councilmember Darcy McNaboe recused herself and did not participate in closed session on this matter due to her and her husband's membership in the Grand Terrace Lions Club ADJOURN A The Next Regular City Council Meeting will be held on Tuesday, March 25, 2014 at 6 00 PM Mayor of the City of Grand Terrace City Clerk of the City of Grand Terrace City of Grand Terrace Page 5 AMENDED � 3 B cry � 0 tiHfi6 TEf�HHc CITY OF GRAND TERRACE CITY COUNCIL MINUTES • MARCH 11, 2014 Council Chambers Regular Meeting 6 00 PM 1 Grand Terrace Civic Center • 22796 Barton Road ...1P CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Agency Invocation - Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance -Council Member McNaboe �S 14P Community Redevelopment Attendee Name, - Title ! Status Arrived Walt Stanckiewitz Mayor Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member r Present Kenneth J Henderson Intenm City Man ger Present Emily Wong Interim Assist —aunt City Manager Present Steve Elam Finance DeR6rtment Present C nthia Fortune Finance D rector Present Sandra Molina Interim Qommunit Development Director Present Robert Khuu Deput ity Attorney Present Man Montes Secr6tary Present Donny Mahoney SgrfRarnnMinnCounty Sheriffs Department Present 1 ITEMS TO DELETE - At the request of the San Henderson recommende Tuesday, March 25, 201 78 A ardino Associated Governments (SANBAG), Interim City Manager Ken tem 8 A be continued to the next Regular City Council Meeting date of 6 OOPM 2 SPECIAL PRESS TATIONS - NONE 3 CONSENT CALENDAR / Consent Calera ar items A B, and C were approved unanimously RESULT f APPROVED [UNANIMOUS] MOVE /� Darcy McNaboe, Council Member SECO DER Jackie Mitchell, Council Member AYE, / Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles A Wive Full Reading of Full Ordinances on Agenda B pproval of Minutes — Regular Meeting — 02/25/2014 C Approval of Check Register No 03-11-2014 City of Grand Terrace Page 1 Updated 41412013 11 29 AM Packet Pg 3 2 Minutes Grand Terrace City Council Marco41, 2014 4 PUBLIC COMMENT Denis Kidd, Grand Terrace, spoke regarding the success of this year's Blue Mou fain Walk, and specifically thanked the San Bernardino County Sheriffs Department, the Citizen' Patrol, the San Bernardino County Fire Department, Matt and Vic from the City of Grand Terrace, I Fraser, the Lion's Club, the Boy Scouts of America, Azure Hills Seventh-Day Adventist Church and JF nn Johnson Arnold San Miguel Southern California Association of Governments (SCAG) nnounced an invitation to join SCAG at its Annual Meeting on May 1-2, 2014 to be held in Indian W Ps, CA Mr San Miguel also fl announced nominations are currently being accepted for the Sustainab ifj Award that will be issued at the Annual Meeting in May The deadline for submission of nominees f9fthe award is March 21, 2014 Council Member Jackie Mitchell noted her attendance at this y ar's Blue Mountain Walk, and conveyed c`v her satisfaction with the attendance and support received f m the community during the event She c gave a personal thanks to Denis Kidd, and all of the volunte s who assisted with success of the walk U Council Member Sylvia Robles announced that she i unning for the State Senate, District 20, in the upcoming elections as noted in previous press releas = 0 Council Member Darcy McNaboe indicated her auks to Denis Kidd for the job he did with this year's v Blue Mountain Walk, and its outstanding turno Council Member McNaboe also reminded residents to be on the lookout for mailers inserted in Rive ide Highland Water Company bills that provide an Annual a Report of consumption, and tips on how to onserve water during the period of drought currently being c experienced in the region Mayor Walt Stanckiewitz reported the r ceipt of an email from Paula Beauchamp at SANBAG, noting the N successful completion of the enviro ental phase of the 1-215 Barton Road Interchange project by the Project Development Team The ayor indicated this marks the official move into the design phase of the project as it remains on sche, le for phase completion in early to mid-2016 6 PUBLIC HEARINGS - NONE 7 UNFINISHED BUSIN SS a� A Mid -Year Budget Revi w for Fiscal Year 2013-14 = �o Cynthia Fortune, F ance Director and Steve Elam, Project Manager, presented the Mid -Year Budget Q. Review staff rep art, including information regarding the General Fund, Wastewater Fund and the Childcare Fund Staff also presented information regarding recommended budget appropriations, a recommendecjr eserves and FY 2014/2015 Budget Guidelines tt � C/of mber Darcy McNaboe indicated that the provided report was well stated, and easy to follow Asked questions regarding the review of the ROPS payments previously received by the County Atroller's office and the schedule for receipt of ROPS 13-14B Fector Cynthia Fortune responded that the results of the review should be received prior to the ecurrent fiscal year as any adjustments to the amount will be submitted during the upcoming f Council Member McNaboe's also asked about the 2014-2015 and 2017-2018 projections from the Five - Year Budget Plan and Project Manager Steve Elam confirmed that the cuts had not been reflected and will be noted in next year's budget eip ��541 d �/o 1" '�S�,l i Z�m City of Grand Terrace Page 2 Updated 41412013 11 29 AM Packet Pg 4 Minutes Grand Terrace City Council March 11, 2014 Council Member Sylvia Robles relayed a conversation she had with County Audi itor-Contr er/Treasurer Tax Collector, Larry Walker, regarding the enforceable obligations of the former Redeve ment Agency Council Member Robles and Mr Walker agreed that the City was following the best urse of action by reconciling the process and providing the clarity necessary to ensure the accuracy nd transparency of the ROPS distribution process Council Member Robles voiced her concern for the 2015-2016 and 2017-20� protected budget deficits considering the Five -Year Budget Plan does not currently address the nticipated transition from a contract City Manager and contract Assistant City Manager Council Member Jackie Mitchell reiterated two of the questions p�" ed by Council Member McNaboe regarding which of the ROPS payments were targeted for possibl negative adjustments, and when will the updates to the Five -Year Budget Plan be issued? Finance Director Cynthia Fortune informed Council that all 3 ROPS payments received were listed on the correspondence from the County Auditor -Controller's offic '1while Protect Manager Steve Elam confirmed that the updates to the Five -Year Budget Plan would made as part of the FY 2014/2015 budget process Additionally, Council Member Mitchell wanted ;fS discuss the Childcare Center and requested a consensus to discuss the Childcare Center as a standalone agenda item at a future meeting of the City Council Consensus was granted , Mayor Walt Stanckiewitz asked a questio (regarding the repayment of the Loan to General Fund item listed on page 18 of the agenda packet Finance Manager, Steve Elam, responded by indicating the payment was structured as an advance payment, which will afford the opportunity to forego the annual payment If necessary �, Mayor Stanckiewitz voiced his concern regarding the continued validity of the statement noted in the Fiscal Year 2014-2015 proposbudget guidelines, indicating that there would be no change to the staffing levels nor a change in,service levels Protect Manager Elam axplained Staff would be preparing a base budget based upon the adopted guidelines and that any ij�'Creases to the base budget would be by policy action of the Council Mayor Stanckiewitz adddressed Lieutenant Donny Mahoney regarding the status of the new license plate recognition softwar Lieutenant Donny Mahoney confirmed that the software is being implemented at no cost to the City % Mid -Year Budget Review Items 2 and 3 were approved unanimously RESULT/ APPROVED [UNANIMOUS] MOVER, Darcy McNaboe, Council Member hDER SEC Sylvia Robles, Council Member AYIS Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 8 IN& BUSINESS A Selection of Design Alternatives for Washington Street Interchange/Mt Vernon Avenue Improvement Protect Item 8 A was continued until the City Council meeting of March 25, 2014 L n LY lvpp Op Sa p City of Grand Terrace Page 3 Updated 41412013 11 29 AM Packet Pg 5 U 2 Minutes Grand Terrace City Council March 11, 2014 RESULT CONTINUED [UNANIMOUS] Next 3/25/2014 6 00 PM MOVER Darcy McNaboe, Council Member SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles B Wastewater Agreements Between the City of Grand Terrace and the City of Colton Andy Turner of Lagerlof, Seneca], Gosney & Kruse LLP presented the staYaff � sort regarding the Settlement Agreement and Release, Sewer Services Agreement, and the Leaseement Mr Turner indicated approval of the agreements would resolve ongoing monetary disputes, deficiency concerns as they relate to maintenance, and will result in a one time payment of $400,OOgf��om the City of Colton to the City of Grand Terrace Mr Turner also indicated the City would be receiv g a $300,000 annual lease payment from Colton 1 Mayor Walt Stanckiewitz recognized the importance of the agreementy requesting Interim City Manager Ken Henderson to relay a sewer issue that resulted after the repent rain storm and Mr Henderson responded accordingly Mayor Stanckiewitz believes it will be a mul6ally beneficial resolution for cities Council Member Sylvia Robles reiterated the necessity for%the prompt approval of the agreement considering the possible inconveniences incurred by residents O Council Member Jackie Mitchell addressed the time tale for implementing the terms of the agreement Interim City Manager Ken Henderson indicated an a,pficipated implementation in Fiscal Year 2014-2015 with the assumption of a successful Proposition 218;process Council Member Darcy McNaboe verified a payment of $1,200,000 would be made from the City's Wastewater reserve fund according to the Settlement Agreement and asked questions regarding how the amount was to be utilized Attorney And)(f-Turner provided a breakdown of how the payment will be utilized in an account established specifically for Grand Terrace Council Member McNaboe asked alsd'about the effect on the General Fund if the Proposition 218 protest vote prevailed Attorney Andy Turner confirmed that the rate increases would be paid from the General Fund should the residents successfully protest the establishment of new sewer rates Council Member Jackie Mitrcf II requested confirmation of rate increases and Council Member McNaboe asked whether or not the Ci Colton would have the authority to increase rates for the residents of the City of Grand Terrace Attorney Andy Turner indicated the rates for both cities will be the same, however, the five year projeZylvia Aby the City of Colton show increases of approximately two percent (2%) over that period of time Council MemberRobles requested a brief overview of Proposition 218 Attorney Andy Turner provided an explanation RESULT APPROVED [UNANIMOUS] MOVER ✓ Jackie Mitchell, Council Member SECONDER Sylvia Robles, Council Member AY Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 9 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Section 54956 8 of the Government r'nria City of Grand Terrace Page 4 sa Pr mEuDED Updated 41412013 11 29 AM Packet Pg 6 N Minutes Grand Terrace City Council March 11, 2014 Property Grand Terrace Senior Citizens/Community Services Center - located at 22140 Grand Terrace, Ca 92324 Agency negotiator Kenneth 3 Henderson, Interim City Manager Negotiating parties Grand Terrace Lions Club Under negotiation Terms of Lease Payment CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdiv1s1or4'(d) of Section 54956 9 i One Potential Case - California Reform Sex Offender Laws (CA RSOL/ City is in receipt of a written threat of Litigation, as descbed in Section 54956 9 (e)(3) of the Government Code, dated 1/20/2014 from CA RSOL With regard to the item relating to the sex offender ordinance on the closed session agenda, the City received a demand from CA Reform Sex Offender LA(w to repeal Chapter 9 32 of the Grand Terrace Municipal Code which relates to Sex Offender Residency or they would bring legal action against the City This demand is based on a recent appellate courtAecision that held that such local laws are pre-empted by State Law That Appellate Court decision isArrently on appeal to the California Supreme Court The Council gave direction to respond to the lette,fndicating that rather than repeal the Chapter, the City will suspend enforcement of the Chapter until�t a California Supreme Court makes a ruling on the matter This action was approved by the Council up�animously With regard to the item relating to thgFLion's Club lease on the closed session agenda, the City Council was provided with a report on this n)Ater by the City Negotiator and legal counsel The Council provided its negotiator with direction No fial action was taken Councilmember Darcy McNaboe recused herself and did not participate in closed session on this matter due to her and her husband's membership in the Grand Terrace Lions Club //11 ADJOURN A The Next Regular City C9,Uncil Meeting will be held on Tuesday, March 25, 2014 at 6 00 PM Mayor of t e City of Grand Terrace t /( �(p tp P City of Grand Terrace City Clerk of the City of Grand Terrace Page 5 S, �Idl P � P �qm 4� Updated 41412013 11 29 AM Packet Pg 7 M a s� ,:3C' cS:t GRflN iERRO MEETING DATE TITLE RECOMMENDATION AGENDA REPORT March 25, 2014 Council & Successor Agency Item Approval of Check Register No 03-11-2014 Cynthia Fortune, Finance Director Approve Attached Check Register for March 25, 2014, as submitted, which includes the Check Register Account Index and Voucher Listinas for Fiscal Year 2013-14 BACKGROUND The Check Register for March 25, 2014 is presented in accordance with Government Code §37202 and is hereby submitted for the City Council's approval The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency Expenditure account number formats are XX-XXX-XXX [Fund - Department -Account] Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact A total of $705,639 51 in accounts payable checks were issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register New vendors Check No payee Description Amount 70152 1 AC Doctor Replace Community Center Furnace $1,950 00 Pavments larger than $10.000 Check No payee Description Amount 70185 Foothill Pacific Refundable Deposit — Trct 14816 $13,120 00 Development Wire US Bank Trust Debt Service for CRA TAB Series $607,179 76 Trans Nat'l Assoc 2011A&B 70163 Willdan Financial Finance Department Services for $22,240 00 Services February 2014 Pavroll costs for the neriod ending Fehruary 2R_ 2014 Pay Per Period Ending Period Amount 5 2/28/2014 Biweekly Payroll for the Period $60,230 96 2/15/2014 — 2/28/2014 Packet 578771 FISCAL IMPACT All disbursements are made in accordance with the Adopted Budget for Fiscal Year 2013-14 ATTACHMENTS • Check Register 03-25-2014 APPROVALS Finance Completed Cynthia Fortune Completed City Attorney Completed City Manager Completed City Council Pending 03/17/2014 10 10 AM 03/17/2014 10 13 AM 03/17/2014 12 39 PM 03/17/2014 3 53 PM Packet Pg 9 3Ca vchlist Voucher List Page 1 ` 03/17/2014 8 45 15AM CITY OF GRAND TERRACE Bank code bola Voucher Date Vendor Invoice Description/Account 0 Amount in 70149 3/6/2014 001213 AT & T FEB/MAR 2014 FEB/MAR PHONES & INTERNET SERVICES N M 10-190-235-000-000 50032 c 09-440-235-000-000 12082 Z Total 62114 L d 70150 3/6/2014 006285 RIVERSIDE HIGHLAND WATER CO DEC13/JAN14 DEC/JAN WATER USAGE AND FEES w T 10-190-238-000-000 48196 m 32-600-301-000-000 12 14 Y 10-805-238-000-000 1 06249 52-700-710-000-000 1214 26-600-239-000-000 14140 V 52-700-767-000-000 1214 r 32-600-307-000-000 2428 c 32-600-216-000-000 1214 w 32-600-214-000-000 4720 5: 32-600-326-000-000 2428 48-600-330-010-000 8212 a 09-440-238-000-000 20108 c 10-450-238-000-000 3 358 18 N 26-601-239-000-000 12420 N Total 5,59575 c 70151 3/6/2014 001206 ARROWHEAD CREDIT UNION Jan/Feb 2014 JAN/FEB VISA CHARGES L 10-110-220-000-000 Funeral Arrangement/Recognition Plaque 20167 N rn 10-110-270-000-000 Sacrament League Meeting-S Robles 19697 09-440-223-000-000 Child Care Supplies 4267 09-440-220-000-000 Child Care Snacks & Lunches 6239 09-440-221-000-000 Comm Cntr Carbon Monoxide Montiors 4397 V 09-440-272-000-000 Child Care Bus Maintenance 5010 10-450-245-000-000 City Hall/Parks Supplies w 71292 10-195-245-000-000 City Hall/Parks Supllies 34746 E Total 1,65815 �a 70152 3/10/2014 011302 AC DOCTOR 010371 REPLACE COMM CNTR FURNACE w Q 09-440-245-000-000 1,95000 1 Page Packet Pg 10 3Ca r vchlist Voucher List Page 2 03/17/2014 8 45 15AM CITY OF GRAND TERRACE Bank code bofa Voucher Date Vendor Invoice Description/Account Amount c 70152 3/10/2014 011302 AC DOCTOR (Continued) Total N 1,95000 u; CV 70153 3/13/2014 011194 AMERICAN FIDELITY ASSURANCE CO B100627 FEB EMP PAID ACC/SUP LIFE/SUP STD o 23-250-20-00 46678 o Total 46678 z YL d 70154 3/13/2014 010693 ARROWHEAD UNITED WAY 1/17/14-2/28/14 CONTRIBUTIONS FOR PR END 1/17/14-2/18/14 u 10-022-65-00 6800 Total 68 00 W Y 70155 3/13/2014 011296 CALPERS 457 PLAN PR END 2/14/14 CONTRIBUTIONS/LOANS PR END 2/14/14 10-022-64-00 60852 V 10-022-63-00 1,85523 Total 2,46375 r" c 0 70156 3/13/2014 011196 FIDELITY SECURITY LIFE 7082544 FEB EMPLOYEE PAID VISION INSURANCE y 10-022-61-00 11332 m Total 11332 70157 3/13/2014 011196 FIDELITY SECURITY LIFE 7306942 MAR EMPLOYEE PAID VISION INSURANCE c 10-022-61-00 11332 Total in 11332 N Cl) 70158 3/13/2014 011296 CALPERS 457 PLAN PR END 1/31/14 LOAN PAYMENTS FOR PR END 1/31/14 10-022-64-00 60852 N Total 60852 rn d 70159 3/13/2014 011030 HAMEL CONTRACTING INC APPLICATION # OCT CONSTRUCTON-GT FITNESS PARK x 48-600-325-005-000 1 800 00 Total 1,80000 U 70160 3/13/2014 011282 KOSMONT & ASSOCIATES INC 0003 OCT PROFESSIONAL SRVS c 32-370-250-000-000 5 518 75 E Total 5,61876 v ca 70161 3/13/2014 011282 KOSMONT & ASSOCIATES, INC 0004 NOV PROFESSIONAL SRVS Q 32-370-250-000-000 1 95025 Page 2 Packet Pg 11 vchlist 03/17/2014 8 45 15AM Bank code bofa Voucher Date Vendor 70161 3/13/2014 011282 KOSMONT & ASSOCIATES, INC 70162 3/13/2014 011092 METLIFE-GROUP BENEFITS 70163 3/14/2014 011256 WILLDAN FINANCIAL SERVICES 70164 3/14/2014 007987 XEROX CORPORATION 70165 3/14/2014 007987 XEROX CORPORATION 70166 3/14/2014 007987 XEROX CORPORATION 70167 3/14/2014 007987 XEROX CORPORATION 70168 3/14/2014 011030 HAMEL CONTRACTING INC 70169 3/14/2014 011206 MIDAMERICA ADMIN & RETIRE Voucher List CITY OF GRAND TERRACE 3Ca ` Page 3 Invoice Description/Account Amount c N (Continued) Total 1,960 25 A N M MAR 2013 MAR EMPLOYEE/DEP DENTAL INSURANCE O 10-022-61-00 73033 O Total 73033 Z L- m 010-23534 FEB FINANCE DEPARTMENT SERVICES w 10-140-250-000-000 22,240 00 Total 22,240 00 W 070948607 OCT WC75569 XEROX LEASE aa) 10-190-700-000-000 28754 t U 10-190-212-000-000 29696 Total 58460 `- c O 071416564 NOV WC7556P XEROX LEASE w 10-190-700-000-000 28763 m 10-190-212-000-000 23256 2 Total 52019 'q r O 071916242 DEC WC7556P XEROX LEASE N 10-190-212-000-000 4379 III N 10-190-700-000-000 28763 c Total 33142 y 072421212 JAN WC7556P XEROX LEASE w 10-190-212-000-000 7881 10-190-700-000-000 28763 �e Total 36644 avi s APPLICATION # E NOV CONSTRUCTON-GT FITNESS PARK V 48-600-325-005-000 3 600 00 Total 3,60000 E m PR END 1/31/14 CONTRIBUTIONS FOR PR END 1/31/14 c� 10-022-68-00 744 25 Q Total 74426 Page 3 Packet Pg 12 3Ca vchlist Voucher List Page 4 03/17/2014 8 45 15AM CITY OF GRAND TERRACE ' Bank code bofa Voucher Date Vendor Invoice Description/Account Amount o 70170 3/14/2014 011206 MIDAMERICA ADMIN & RETIRE PR END 2/14/14 CONTRIBUTIONS FOR PR END 2/14/14 N 6 10-022-68-00 95917 M Total 95917 c O 70171 3/14/2014 011206 MIDAMERICA ADMIN & RETIRE PR END 2/28/14 CONTRIBUTIONS FOR PR END 2/28/14 Z 10-022-68-00 1 15265 Lm Total w 1,15265 T 70172 3/14/2014 006448 SAN BERNARDINO COUNTY 03112014-DM 2014 CITY -COUNTY CONF-MCNABOE 10-110-270-000-000 16500 Total 16500 a L) 70173 3/14/2014 006448 SAN BERNARDINO COUNTY 03112014-JM 2014 CITY -COUNTY CONF-MITCHELL 10-110-270-000-000 29500 Total 29500 0 N 70174 3/14/2014 006448 SAN BERNARDINO COUNTY 03112014-KH 2O14 CITY -COUNTY CONF-HENDERSON > 10-120-270-000-000 m 46000 W Total 46000 T' CD 70175 3/14/2014 006448 SAN BERNARDINO COUNTY 03112014-SR 2014 CITY -COUNTY CONF-ROBLES N 10-110-270-000-000 in 46000 N Total 46000 c 70176 3/14/2014 006448 SAN BERNARDINO COUNTY 03112014-WC 2014 CITY -COUNTY CONF-STANCKIEWITZ L T 10-110-270-000-000 29500 am Total 29500 .�c 70177 3/14/2014 006730 SO CA GAS COMPANY JAN 2014 JAN CNG FUEL USAGE m 10-175-272-000-000 780 U 10-185-272-000-000 260 w, 09-440-272-000-000 260 y Total 13 00 E t 70178 3/14/2014 011110 TIME WARNER CABLE 844840 7245 FEB/MAR SR CTR CABLE/INTERNET SRV 10-805-238-000-000 26311 Q Total 26311 Page 4 Packet Pg 13 3Ca vchlist 03/17/2014 8 45 15AM Voucher List CITY OF GRAND TERRACE Page 5 ` Bank code bofa Voucher Date Vendor Invoice Description/Account Amount c N 70179 3/14/2014 011110 TIME WARNER CABLE 844840 3825 FEB/MAR SR CTR CABLE & INTERNET SRVS L6 10-805-238-000-000 6841 M Total 6841 c O 70180 3/17/2014 011304 ACCENT GRAPHICS & DESIGN 14-0027 CHILD CARE LETTERHEAD & ENVELOPES Z 09-440-210-000-000 27756 m Total w 27766 T a) 70181 3/17/2014 011304 ACCENT GRAPHICS & DESIGN 14-0033 WINDOW ENVELOPES a) tY 10-140-210-000-000 17604 -C"J' Total 17604 s U 70182 3/25/2014 011143 ALBERT A WEBB ASSOCIATES 140219 JAN PROF SRVS-MCDONALD'S SITE PLAN v r-, 23-500-06-00 56000 Total 56000 O y 70183 3/25/2014 001942 DATA TICKET INC 52017 JAN PARKING CITATION PROCESSING SERVICES > a> 10-140-255-000-000 59100 L Total 59100 1* T 70184 3/25/2014 002301 FEDEX 2-559-32809 JAN DOCUMENT DELIVERY SERVICES N 10-140-210-000-000 in 2671 N Total 2671 c 70185 3/25/2014 011303 FOOTHILL PACIFIC DEVELOPMENT 03132014 REFUNDABLE DEPOSIT-TRCT 14816 L 23-300-69-00 13,120 00 am Total 13,120 00 Y 70186 3/25/2014 010245 FRITTS FORD FLEET CENTER Q60177 2011 FORD ESCAPE HYBIRD REPAIRS m 10-175-272-000-000 3870 U Total 3870 c 70187 3/25/2014 010632 HIGH TECH SECURITY SYSTEMS 107682 APR SECURITY CAMERA MONITORING O E 10-195-247-000-000 2000 0 10-450-246-000-000 6000 r Total 8000 Q 70188 3/25/2014 003171 HINDERLITER de LLAMAS & ASSOC 0021780-IN 3RD QTR SALES TAX SRVCS Page 5 Packet Pg 14 vchlist 03/17/2014 8 45 16AM Bank code bofa Voucher Date Vendor 70188 3/25/2014 003171 HINDERLITER de LLAMAS & ASSOC 70189 3/25/2014 003213 HONEYWELL ACS SERVICE 70190 3/25/2014 003216 HOUSTON & HARRIS PCS INC 70191 3/25/2014 010773 KELLAR SWEEPING INC 70192 3/25/2014 010097 NEXTEL COMMUNICATIONS 70193 3/25/2014 006285 RIVERSIDE HIGHLAND WATER CO 70194 3/25/2014 006310 ROADRUNNER SELF STORAGE INC Voucher List CITY OF GRAND TERRACE 70195 3/25/2014 010249 ROGERS, ANDERSON MALODY ET AL 70196 3/25/2014 006335 ROQUET PAVING INC 3Ca ' Page 6 k Invoice Description/Account Amount c N (Continued) ,n 10-140-250-000-000 97553 M Total 97553 0 0 5228493505 4TH QTR HVAC MAINT & REPAIR Z 10-195-257-000-000 5 915 29 m Total 5,91529 T 14-18178 HYDROWASH- VIVENDA & BARTON m w 21-573-602-000-000 90000 14-18180 VIDEO INSPECT SEWERS t 21-573-603-000-000 1,70000 �? Total 2,60000 8526 FEB STREET SWEEPING SERVICES o_ 16-900-254-000-000 4 200 00 T Total 4,200 00 w 410575025-138 JAN/FEB MAINT & CODE ENF PHONES 10-175-240-000-000 18201 N Total 18201 N 2326 FEB/MAR SEWER BILLING 0 21-572-255-000-000 24584 `m Total 24584 Ln 17011 MAR STORAGE RENTAL 10-140-241-000-000 12400 Total 12400 V 40559 PROGRESS BILLING FOR FY2012-13 AUDIT 10-140-250-000-000 1,80000 Total 1,800 00 E 0208-14 STREET MAINTENANCE PICO & MICHIGAN 0 w 16-900-257-000-000 4 830 00 Q Total 4,83000 Page 6 Packet Pg 55 3Ca vchlist Voucher List Page 7 03/17/2014 8 45 15AM CITY OF GRAND TERRACE ` Bank code bofa Voucher Date Vendor Invoice Description/Account Amount c N 70197 3/25/2014 011277 SANTA FE BUILDING MAINTENANCE 12740 FEB JANITORIAL SERVICES to 10-195-245-000-000 50833 M 10-450-245-000-000 45000 c 12742 FEB CHILD CARE CUSTODIAL SERVICES C 09-440-244-000-000 98750 Z Total 1,94583 70198 3/25/2014 011284 SIEMENS INDUSTRY, INC 400119884 JAN TRAFFIC RESPONSE CALL OUTS 16-510-255-000-000 19982 Y Total 19982 0 s 70199 3/25/2014 011071 STANCKIEWITZ W MAR 2014 MAR HEALTH INS REIM-STANCKIEWITZ �? 10-110-142-000-000 39550 Total 39550 = 0 70200 3/25/2014 011275 SYSCO RIVERSIDE INC 4030408191 CHILD CARE LUNCHES & SNACKS y 09-440-220-000-000 16661 4030408209 CHILD CARE LUNCHES & SNACKS w 09-440-220-000-000 44487 Total 61148 N 70201 3/25/2014 011253 TLMA ADMINSTRATION TL0000010349 JAN SLF COSTS N 16-510-255-000-000 CM 13446 Total 13446 a; 70202 3/25/2014 007034 TRANSPORTATION ENGINEERING 1342 DEC/JAN TRAFFIC ENGINEERING SRVS _T 10-175-250-000-000 d 2 367 60 Total 2,36760 cYi d 70203 3/25/2014 007220 UNDERGROUND SERVICE ALERT 220140287 FEB DIG ALERT TICKETS U 16-900-220-000-000 3450 Total 3460 E 70204 3/25/2014 007854 WESTERN EXTERMINATORS CO 2040647 FEB PEST CONTROL SERVICES 10-195-245-000-000 9800 w Q 10-805-245-000-000 3800 Total 13600 Page 7 Packet Pg 16 vchlist 03/17/2014 8 45 15AM Bank code bofa Voucher Date Vendor 70205 3/25/2014 007987 XEROX CORPORATION 14852900( 3/4/2014 007399 US BANK TRUST NAT'L ASSOC 58 Vouchers for bank code bola 58 Vouchers in this report Voucher List CITY OF GRAND TERRACE Invoice Description/Account 072421211 JAN WC5755A XEROX COPIER LEASE 10-190-212-000-000 10-190-700-000-000 072880264 FEB WC5755AXEROX COPIER LEASE 10-190-700-000-000 10-190-212-000-000 Total GTTAB2011A DEBT SERVICE INTEREST 2011A TABS 33-010-05-00 33-300-209-010-000 GTTAB2011 B DEBT SERVICE INTEREST 2011 B TABS 33-010-05-00 33-300-209-020-000 Total Bank total Total vouchers 3Ca Page 8 w q Amount %- 0 N in 2210 M 30527 0 0 30527 ? 8304 w: 71568 d Q' -225 28 414 097 50 r L) v -84 96 r 193 392 50 c 607,179 76 w 705,639 51 705,639 51 r o N u7 N M O f d r+ N 0I d Y V d L U Page 8 Packet Pg 17 w c d E t t� cv w a cir} 0 �< aenat�RRwee MEETING DATE AGENDA REPORT March 25, 2014 Council Item TITLE Advertisement for Planning Commission Appointments PRESENTED BY Sandra Molina, Interim Community Development Director RECOMMENDATION Direct the City Clerk to advertise for appointments to the Planning Commission, accept applications and schedule interviews BACKGROUND The Planning Commission is a five -member City Council -appointed Board Former Commission Chairman Doug Wilson resigned his position on July 10, 2013, leaving the Commission with a vacancy Around this time, due to budget considerations, it was anticipated the City Council would be assuming Planning Commission responsibilities and it was decided to leave the position vacant The Council did not assume those responsibilities, but the position still remains vacant In addition, the terms of three Commission members are set to expire on June 30, 2014 Commission members are appointed by the City Council and serve four year terms at the pleasure of the City Council (Municipal Code Chapter 2 16) The Table below depicts the composition and terms of the Commission Name Appointed Re -Appointed Term Ends Chairman Tom Comstock 06/27/2002 06/26/2012 06/30/2016 Vice Chair Ryan Stephens* 11/13/2012 -- 06/30/2014 Commissioner Robert Bailes* 8/25/2009 07/13/2010 06/30/2014 Commissioner Ohm Kon tan * 2/22/2011 -- 06/30/2014 Vacant I -- I -- *Appointed Mid-term due to vacancy DISCUSSION The three Commission members are eligible to seek reappointment to the Planning Commission However, Commissioner Bailes has indicated that he would not seek re- appointment It is standard practice to advertise for additional applicants before making new four-year appointments Because four Commission appointments are impacted, Staff is bringing this item to the Council's attention well in advance so advertising can begin Staff recommends that the application process be opened on April 1, 2014, and closed by May 1, 2014 Information would be disbursed through a press release and posting on the City's website, and reader board Packet Pg 18 w Staff would then schedule interviews with all potential appointees in May/June 2014 FISCAL IMPACT There would be no fiscal impact created by this action Planning Commissioners are paid a stipend of $50 00 a month, which would continue with the new appointments APPROVALS Sandra Molina Completed Finance Completed City Attorney Completed Community Development Completed City Manager Completed City Council Pending 03/07/2014 12 38 PM 03/10/2014 6 32 AM 03/11/2014 4 48 PM 03/11/2014 5 09 PM 03/12/2014 4 01 PM Packet Pg 19 -•r op � RAMD YER$flCE MEETING DATE AGENDA REPORT March 25, 2014 Council Item TITLE Emergency Operations Committee Business PRESENTED BY Matt Wirz, Management Analyst RECOMMENDATION 1 Adopt Resolution 2014- , rescinding Resolution 2013- 18 and establishing the days and times for regular City Council, Commission and Committee Meetings 2 Appoint Paul Tickner to a voting membership vacancy, term expiring 6-30-2014, and Joe Ramos to an alternate Dosition, term exDinnq 6-30-2014 BACKGROUND The Emergency Operations Committee (EOC) is a Council -appointed Committee that meets on the First Tuesday of each month at 6 00 p m , pursuant to City Council Resolution 2013-18 There are five (5) voting members positions and four (4) alternate member positions designated for the EOC Currently, two voting member positions and two alternate member positions are vacant DISCUSSION At a previous Committee meeting, the Committee discussed changing the regular meeting time to 5 00 p m Based on that discussion, the EOC recommends rescinding Resolution 2013-18 and adopting a new Resolution changing the regular meeting time of the EOC meetings to 5 00 p m The EOC also recommends filling one voting member position vacancy, term ending 06- 30-2014, with Paul Tickner and filling one vacant alternate member position, term ending 06-30-2016, with Joe Ramos FISCAL IMPACT There is no fiscal impact with the adoption of the proposed resolution or appointment of the individuals recommended by the EOC ATTACHMENTS • Resolution 2014 - Rescission - Resolution No 2013-18 • Resolution 2013-18 • Paul Tickner Application for Citizen Service 'Packet Pg 20 s • Joe Ramos Application for Citizen Service /-19J:T011FI-11k? Matt Wirz Completed Sandra Molina Completed Finance Completed City Attorney Completed Community Development Completed City Manager Completed City Council Pending 03/10/2014 11 19 AM 03/12/2014 11 40 AM 03/17/2014 10 02 AM 03/17/2014 12 37 PM 03/17/2014 12 42 PM 03/17/2014 3 52 PM Packet Pg 21 3Ea RESOLUTION NO 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO 2013-18 AND ESTABLISHING TIMES FOR REGULAR CITY COUNCIL MEETINGS, COMMISSION MEETINGS AND COMMITTEE MEETINGS WHEREAS, the City Council of the City of Grand Terrace has determined the need to amend the regular time of the Emergency Operations Committee meetings, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE does hereby resolve, declare determine, and order the following SECTION 1 Rescission — Resolution No 2013-18 is hereby rescinded in its entirety SECTION 2 Regular Meeting Times — The times for regular City Council meetings, Commission meetings and Committee meetings are hereby established for the City of Grand Terrace, and said meeting times shall be effective March 25, 2014 00 r. SECTION 3 Regular meetings of the City Council of the City of Grand Terrace M shall be held on the second and fourth Tuesdays of each month at the hour of 6 00 p m N unless the same shall be a legal holiday, in which event such regular meeting shall be o held on the next succeeding calendar day or a day set forth by the governing body Said r- meeting shall take place in the Grand Terrace Civic Center Council Chambers or a ° w location set forth by the governing body o SECTION 4 Regular meetings of the Planning Commission of the City of Grand Terrace shall be held on the first and third Thursdays of each month at the hour of 6 30 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 or a day set forth by the governing body Said meeting shall take place in the Grand Terrace Civic Center Council Chambers or a location set forth by the governing body SECTION 5 Regular meetings of the Crime Prevention Committee of the City o of Grand Terrace shall be held on the second Monday of each month at the hour of 4 00 p m unless the same shall be a legal holiday, in which event such regular meeting shall N be held on the next succeeding calendar day or a day set forth by the governing body Said meeting shall take place at the Grand Terrace Civic Center upstairs conference room or a location set forth by the governing body SECTION 6 Regular meetings of the Emergency Operations Committee of the w City of Grand Terrace shall be held on the first Tuesday of each month at the hour of a 5 00 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 or a day set forth by the governing Packet Fig 22 3Ea body Said meeting shall take place in the E O C Conference Room, Building 3, 22795 Barton Road, Grand Terrace or a location set for by the governing body SECTION 7 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 6 00 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 or a day set forth by the governing body Said meeting shall take place at the Grand Terrace Civic Center conference room or a location set forth by the governing body PASSED, APPROVED, AND ADOPTED this 25th day of March, 2014 Mayor of the City of Grand Terrace ATTEST Interim City Clerk of the City of Terrace M I, , INTERIM CITY CLERK, of the City of Grand N Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at o a regular meeting of the City Council of the City of Grand Terrace held on the 25th day r_ of March, 2014, by the following vote 2 w AYES NOES ABSENT ABSTAIN Approved as to form City Attorney Interim City Clerk, City of Grand Terrace d E cc a Packet Pg 23 3Eb RESOLUTION NO 2013-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO 2009-06 AND ESTABLISHING TIMES FOR REGULAR CITY COUNCIL MEETINGS, COMMISSION MEETINGS AND COMMITTEE MEETINGS WHEREAS, the City Council of the City of Grand Terrace has determined the need to amend the regular time of the Historical and Cultural Activities Committee meetings, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE does hereby resolve, declare determine, and order the following SECTION 1 Rescission — Resolution No 2009-06 is hereby rescinded in its entirety SECTION 2 Regular Meeting Times — The times for regular City Council meetings, Commission meetings and Committee meetings are hereby established for the City of Grand Terrace, and said meeting times shall be effective April 23, 2013 SECTION 3 Regular meetings of the City Council of the City of Grand Terrace shall be held on the second and fourth Tuesdays of each month at the hour of 6 00 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 or a day set forth by the governing body Said meeting shall take place in the Grand Terrace Civic Center Council Chambers or a location set forth by the governing body SECTION 4 Regular meetings of the Planning Commission of the City of Grand Terrace shall be held on the first and third Thursdays of each month at the hour of 6 30 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 or a day set forth by the governing body Said meeting shall take place in the Grand Terrace Civic Center Council Chambers or a location set forth by the governing body SECTION 5 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 4 00 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 or a day set forth by the governing body Said meeting shall take place at the Grand Terrace Civic Center upstairs conference room or a location set forth by the governing body SECTION 6 Regular meetings of the Emergency Operations Committee of the City of Grand Terrace shall be held on the first Tuesday of each month at the hour of 6 00 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 or a day set forth by the a Packet Pg 24 $3Eb governing body Said meeting shall take place in the E O C Conference Room, Building 3, 22795 Barton Road, Grand Terrace or a location set for by the governing body SECTION 7 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 6 00 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 or a day set forth by the governing body Said meeting shall take place at the Grand Terrace Civic Center conference room or a location set forth by the governing body PASSED, APPROVED, AND ADOPTED this 23Id day of April, 2013 1 Mayor of the City of Grand Terrace ATTEST C• City Clerk f the City of 06ncl Terrace I, Tracey R Martinez, City Clerk of the City of Grand Terrace, do hereby certify E that Resolution No 2013-18 was introduced and adopted at a regular meeting of w the City Council of the City of Grand Terrace held on the 23`d day of April, 2013 by the co following vote 0 N AYES Cb'unci1mbtab1b1rs McNabloe, Mitchell and' Rbbilles; Mblybt, Ptb Tbtn Sandoval and o Mayor Stanckiewitz n NOES Nohte ABSENT None c W E ABSTAIN None City Clerk, Uty of Grand Ter Approved as to form City Attorney Packet?g 25 �f J / 3 E c A -L CITY OF GRAND TERRACE APPLICATION FOR CITIZEN SERVICE Complete and submit to the City Clerk's Department Applying as a member of t—: 't'l mar � c--(€-- N � G Name m m m Address _ --- Z,!L 73-'a_25Ur-t u-T_G� 7�ti E Home Phone 17pq 1,51Business Phone _ �17 L) Occupation Education (List highest year completed and all 1&] Are there any workday evenings you could not Why are you interested in this appointment? rees) t;7. yk-Ze--47 ^V-,A-k A 1��Yes ( ) No If so, please list fEvA 2e±:k A-F t .-tom Pk ^rTv I A-At"A-•-F T- I *v�-- What do you consider to be your major qualificati ns? G e t2 -r. I,(-- ( F-V f:i>e-- I References All NOC V 1-- r 2 Z U V lifTV �Z�33 S�k{z-ror{ ttT E.C-// 3 A o w1a vl - n J-01KAr 11lp 7 g 9- Please attach a written statement containing any dditional information you feel would be useful to the City Council Packet Pg 26 3Ed f,. CITY OF GRAND TERRACE APPLICATION FOR CITIZEN SERVICE Complete and submit to the City Clerk's Departmept Applying as a member of t Name Address t L 13 Home Phone (_�� Occupation 1 Business Phone 4 f 4 r Education (List highest year completed and all degrees) f 4 Are there any workday evenings you could not meet? Yes/�y�(/�/r No If so, please list 1 ✓ t Why are you interested in this appointment? 1) What do you consider to be your major qualifications? C&rzI i References 1 At. L 2 3 ,s-`(y—/ a Please attach a written statement containing any additional information you feel would be useful to the City Council Packet Pg 27 40 cttt ) G qN T@{tRA MEETING DATE AGENDA REPORT March 25, 2014 Successor Agency Item TITLE Selection of Design Alternatives for Washington Street Interchange/Mt Vernon Avenue Improvement Project PRESENTED BY Kenneth Henderson, Interim City Manager RECOMMENDATION RECOMMENDATION That the Mayor and City Council of the City of Grand Terrace authorize and direct the Mayor to execute the attached letter from the cities of Colton and Grand Terrace to the Executive Director of San Bernardino Associated Governments (SanBag), supporting SanBag Alternative #6 as the cities' first design priority for the Washington Street Interchange/Mt Vernon Avenue Improvement Project, SanBag Alternative #11 as the cities' second design priority and formally opposing the design and implementation of SanBag Alternative #10 BACKGROUND At the request of SanBag staff, this item was continued from the City Council's March 11, 2014 to its meeting of March 25, 2014 For the past two and one-half years, the cities of Colton and Grand Terrace have jointly promoted the design and development of the proposed Washington Street interchange For the first one and one-half years, Mayor Stanckiewitz, the City's SanBag representative, worked on his own in an effort to get SanBag officials to consider adding the reconstruction of Mt Vernon Avenue to the proposed scope of work for the Washington Street Interchange The Mayor's efforts to include the reconstruction of Mt Vernon Avenue in the overall scope of work received considerable impetus when Council Member Frank Navarro, of the City of Colton, was selected as that City's SanBag representative Since that time, the Mayor and the Council Member from Colton have worked hand in hand to provide considerable input into the design alternatives proposed to be considered by SanBag At its March 18, 2014 meeting, the City of Colton City Council took action approving the attached letter to the SanBag Executive Director, recommending design alternative #6 as its first priority, design alternative #11 as its second priority and formally opposing design alternative #10 DISCUSSION Packet Pg 28 At this point in time, there are three remaining design alternatives numbered 6, 10 and 11, respectively By law, SanBag must submit two design alternatives for detailed analysis before a final decision is made and construction commences once environmental clearances and financing have been obtained In light of the major impacts that pertain to each of the design alternatives, much discussion took place among Colton and Grand Terrace elected and appointed officials, followed by meetings with the SanBag Executive Director and its Director of Freeway Interchange Programs Initially, the construction alternative most favored by Colton officials was alternative #11, followed by alternative #6 Colton strongly opposes alternative #10 because it causes the 100% "taking" of a shopping center in Colton at the base of Mt Vernon Avenue San Bernardino Associated Governments, the state Department of Transportation (Caltrans) and the Federal Highway Administration favor alternative #10 because it is the alternative that best meets Federal and state highway design and construction technical requirements During the discussions with SanBag staff, it became clear that SanBag staff opposed alternative #11 as strongly as it supported alternative #10 Because alternative #11, initially favored by Colton, was the most expensive design alternative, Colton and Grand Terrace officials concluded that unqualified support of alternative #11 would generate strenuous opposition from SanBag and Caltrans, with the potential result being alternative #10 being adopted by the SanBag board of directors Asa result of this realization, both cities agreed to support alternative #6 as their first design priority, alternative #11 as the second design priority and to formally oppose the submission of alternative #10 as one of two design alternatives to be submitted for detailed financial, design and environmental analysis Based upon the above, the attached letter and the three design alternatives have been submitted for Council's review, consideration and recommended favorable action FISCAL IMPACT There is no fiscal impact associated with authorizing the Mayor to execute the attached letter With the City of Colton already granting its approval to the recommended action, approval of this item by the Grand Terrace City Council will result in the attached letter being sent to the SanBag Executive Director for the reasons noted ATTACHMENTS • Colton Support Letter - Washington St Interchange -Mt Vernon • Alternative 6 • Alternative 10 • Alternative 11 APPROVALS Kenneth J Henderson Completed 03/06/2014 9 40 AM Packet P9 9 Cynthia Fortune Completed Finance Completed City Attorney Completed City Manager Completed City Council Completed 03/06/2014 9 46 AM 03/06/2014 9 24 AM 03/06/2014 11 06 AM 03/06/2014 11 17 AM 03/19/2014 9 12 PM Packet Pg 30 MAYOR Sarah S Zamora COUNCIL MEMBERS David J Toro Mayor Pro Tem Frank A Gonzales District 2 Frank J Navarro District 3 Susan M Oliva District 4 Deirdre H Bennett District 5 Isaac T Suchil District 6 CIVIC CENTER 650 N LA CADCNA DR] COLTON, CA 92324 PH (909) 370- 5099 FX (909) 370- 5192 WEB WWW ci Colton ca us 7Aa March 5, 2014 Raymond Wolfe San Bernardino Associated Governments (SANBAG) 1170 W Third Street, 2nd Floor San Bernardino, CA 92410-1715 RE Washington Street Interchange/Mt Vernon Avenue Improvement Project The purpose of this letter is to jointly express the official positions of the cities of Colton and Grand Terrace regarding the above referenced project This letter formally recommends SANBAG Alternative #6 as the cities' first design priority, Alternative #11 as the second design priority and Includes strong, joint opposition to Alternative #10 because of Its 100% taking of a vital shopping center in the City of Colton This project will relieve traffic congestion, and reduce traffic delays, along I-215 and the traffic between Riverside and San Bernardino Counties Also, the project will provide efficient access on and off Washington Street at Interstate I-215 and accommodate growth in adjacent developing areas The project supports Federal, state, regional, and local transportation plans and policies that identify the need for improving the I-215 freeway, The area is stable, but has suffered community economic distress as a result of the Great Recession The Recession has had a particularly devastating impact on the Inland Empire The City of Colton has not given up on the area and sees the construction of Alternative #6 as an opportunity to create growth -producing economic conditions and use the anticipated Interchange project to assist with enhancing growth in the region and surrounding developing areas The project will create relief to traffic congestion and improve circulation in the area A daily estimated traffic volume of 165,000 vehicles per day, this traffic volume represents significant sales tax proceeds to the economy of the community This area is already the home of "Ashley's" furniture, the largest furniture manufacturer in the United States, and hosts the largest retail sales tax home store of this Industry The Ashley furniture facility is located on parcels of property within 75 miles of the interchange Also, the "Miracle Mile", a noted destination for Recreation Vehicle sales in Southern California, cannot be overlooked For the City of Grand Terrace, Alternative #6 would include the improvement of Mt Vernon Avenue, from the Washington Street interchange to Canal Street in Grand Terrace Currently, Mt Vernon Avenue is a heavily -traveled two-lane road connecting Colton and Grand Terrace It suffers significantly from a degrading slope and is closed periodically so work crews can clear the road of dirt, rocks and mud flows as seismic and weather conditions dictate Reconstruction of Mt Vernon Avenue, as envisioned by Alternative #6, will resolve these slope management issues on a permanent basis going forward -1- Packet Pg 31 1 MAYOR Sarah S Zamora COUNCIL MEMBERS David J Toro Mayor Pro Tem Frank A Gonzales District 2 Frank J Navarro _ District 3 Susan M Oliva District 4 Deirdre H Bennett District 5 Isaac T Suchil District 6 Stephen P Compton CIVIC CENTER 650 N LA CADENA DRIVE COLTON, CA 92324 PH (909) 370-5099 FX (909) 370-5192 www ci colton ca us 7Aa l It will continue to promote commerce between the two cities, along with more efficient traffic circulation in conjunction with the construction of Alternative #6. At an estimated cost of $85 million, Alternative #6 has significant cost advantages when compared to alternatives numbered 10 and 11 Moreover, it creates the best circulation plan for Colton and Grand Terrace and has the lowest impact on private property owners It is for these, and other, reasons the City Council of the City of Colton and the City Council of the City of Grand Terrace have taken official action, designating Alternative #6 as the preferred alternative of both cities, with Alternative #11 to be implemented in the event Alternative #6 is not approved Finally, the cities of Colton and Grand Terrace have taken action to formally oppose the approval and implementation of Alternative #10 as outlined in this letter and articulated by the SANBAG representatives of both cities Should additional information or clarification be required, please do not hesitate to contact Stephen P Compton, Colton City Manager, at (909) 370-5051 and/or Kenneth J. Henderson, Grand Terrace Interim City Manager, at (909) 430-2212 Sincerely, Mayor, City of Colton Mayor, City of Grand Terrace C -2m E .0 ti Packet Pg 32 1 Al - PIN � - � � f� r � ,mac � ♦ ,�,1 , �. ,,. � \'� � �' I ` `�\ ` , t � / � 9 p• T � � '/��`i�%R' aFfIQ' µ� �, t ''t`�� '�.� � , " � \Z � �. r' Z� 4\ ��;. ffS 'iJ� 9�y�y %�� • T �,� .7 `\♦ �J I ��^� , �� ,� �!� �^ r�'Ff�Y �� r } �� y�A�� ,. '��M � �t'rt r a•. ;A y; , F � a _'�G>�. y, f � n v a �,.-' J� CJ a ' �`jt �'' of \ ,M ^ � `-Y//�� `�`~tr t` r �f' 'Yy i ` •/� j� ��e,,yv �r� ; _ t/ % 1.�4 r \a`'+\ \ `may '�� //�a» C � �`( l /�✓ 1 aN't } 1 � v�L� � ; •% S � I �I ) i - i T ±�r1 19I�Q ��♦��y�T'+h ♦ � `` a� �t / `' � 1 �`i 3 ^'�(�w� w � • \ � `'"�1�" ;5�: H °� , '� ♦ Y '% !� � a , 51 i • .. i ^ � `<�/ � �� t\+'' �� L1 + l �� ^ � •, ♦ t♦' "' `��\ "t"� `! 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POTENTIAL WALLS — CALIFORNIA GNATCATCHER HABITAT AREA --------- CUT (ASSUMING WALLS ARE NOT BUILT) FILL (ASSUMING WALLS ARE NOT BUILT) Attachment Alternative 6 (Washington Street Interchange/Mt Vernon Improvement Project) 1-215/Mt VERNON -WASHINGTON ALTERNATIVE 6v5 MODIFIED HOOK RAMP N n,_1n_1 -jr+ �'s ^ � -\,. — -- - ; �. `yr� `. `0 pt �'� �,.r ` �s < sppa, r.• � ,� � i, ,a f ` �• \� 4 � y`ib ` fs. `��` �yli'p �,� _ \ w l f � � A, \ �1l J �,/V ♦ � //!� ��" A �5 a' r f \ 1 '� _� � "s,,fF/�''" - \ t )fti�i 4 ''�� r �,f �4 �4' .'�oi Sc �� • ; .r �` r �♦ �, ��y +� ,1'+ � ''x " fy�t vn -{� � '4"4�4�' � f �Y+ r . j , �trt' +� �.� a�'�r ��,I , ��\ ♦c \ ^r ' , Fy ,� R4yy ]="~te�r+Ffi'y,` \�T'r.Ry ks' 9�F '�N♦� V' �y4 �"; r Y, A2 � +� r'� �4�r}�✓, �Ir • d `�'-- {Y ` f \\` ri p %5\^r��y r� so- E°err b,liN �.. v A��`/��`J � 411 ` 1 W A L —MAR gg�i `�` ° �1� ♦ /J� 9 d \k a t, n r , r t f`,�q w • ' �� iJi41 � AMI,T/S'941V i�u� " h SERVI E� _ ;�'' 4 ,,, Mfg, (,,�� raGI�A�I�T R', 9f+ F , t` o ^k d ' as r /l�R aye _ /i}� J /j h ' — �t fi�// i( a p s 'ma`s _=?___ _ Y a _____v______________________�_____.- ------- __________ v z ----------------------------- N' C�}E�N1t�E�,R''ea—�- cgtil ACAD Mhf `��t- ;o' -11 .�'�I c �t ;i♦ �i1�� `�IE,S�STA''�' SCE p 4;/ t µ `� ��.,� �- OO,��T�ONt.uC °O;CJ7RTY�ARD ,` \ �A L-fir ♦` 3. 0, ; ` s � •� S H`O ,P 1 N�q lC=E�N T E_R Y , f�r«/p�r Cr1^l./4 G'�`•r.i'\% �i��1, J-c 1.��,J e'�\�� l ,qr "�`�Tf�1�'r�J • � i--�" - _ i_ '' � � ,` \ 1�viQ a� 61.1 ORNIeGNATCATCHER RA$f TAT��! '� ya✓�''� r ` \�j/��fj� n r, � ..1� � `J,�i40s. �C ® �`g•, {cam,, I "�}7r �z ` I }► r e era Ir�WG, sT �'>s 1 d6f v m 0 x m v ? Cr Al C I — Znn LEGEND T� POTENTIAL WALLS 1-215/ Mt VERNON -WASHINGTON - — CALIFORNIA GNATCATCHER HABITAT AREA --------- CUT (ASSUMING WALLS ARE NOT BUILT) ALTERNATIVE 10v5 HOOK RAMPS / PARTIAL CLOVERLEA FILL (ASSUMING WALLS ARE NOT BUILT) nI_IA_j Attachment Alternative 10 (Washington Street Interchange/Mt Vernon Improvement Project) ffc4` /� +� i ,,rl .EµR +rrw � y � { � ✓^ O � '� � � n 3 � \ �,�f +� if,r r �� ,r'� � � '�� \\�`�I l� "� ' °( ' .� �Y `�y 7 u i>`��.L r fw ( /Y,� � \ r►° 1 d � :�1.` ,��i lOJ � ^ �g� fi '` r J'wr,',(�'ir.� >i'>.,� sn t \ ��1y� _ ,t � �� /c \ \ r� jP r �� .`}• ^,� y y ` "�'Q� � � � ,�' 4 1" p x" ;* /!,� ,� JL r ��r�",� iSl/,� ,L -y, M ✓ \ �+ :t Q�\ cC �� d. u " � t / f, � . "//� �\ ''%.��^ � ♦ iil �, '!/y ,/ r ; lli uff aS'J �. rd t ', \1 ?•/h `, ��^�� `� \ o. "S 7J TFt)'� �\`� ��*>� di t n ,4 , ��i �. � j�°d' �� / 1 � : �. �'*!� .�{�� / '� _ -! �� /r • y 4 il,rr l/w ti ♦ _ "Y < ' /` 1 Q7 t• � � , s. ,�` i +1 "✓� s�, � ,n r< � /' ! / � tt/� /; �` .�r � '1-9 • y...� 5- p'� `ice" t'5- '"CS.. i f li 1rfiS1 } _ / L>r 1+ CR 1,{1U tw'n�u"{N�.. \�0�0: � , /1 r �a ,^..7 1''#,, q�y�'-a �.�v` :'i: \� + t ` 4a1 � • `r/ tip/ � ,/ �j�.v15i 7rvN�r `�k y / ��` 't4ii '7} �'�•'� K , @ � l�i`6�hJti ,v�(� �,��.Q� --,. 1,.� � !, ^ r °,�7� �w,�y 1;��.,+'i `�L� �",��' �I tA'IS l��tt `ll�'�ipF�� i':..—MART, `r Ap —MAR ,.b 51 >r 1 •i �'i ^`! `-'^ i n S[ `+ ,s 7 r �. ,a yef�l+e vSZX�ff�. °y Er`S�spff•. �� C 4Ji1'"�%� —1 IN', , V 1_ G IAA t �4 v , A S" SERVi�G*E t{ rf ". t �,>> `�,l t �� ' % f`'� _ &>•B r Ar + 7rey A, . ��,v,1 „ 16t� i 1 ` j y.�'' 1 4 t,� v �1 is r u\ p fl t GK'%. % i `y--- �* t/ d' I " �o �1111T�.t:rS �^h,+, �/ �'stsr-"'� I !� .N" (/� - - .1 ------------------ C H PS YT4 A N t C- ACK-DMY C•q` s - —_ _ � R_ — �' 115 K SCE OH LIN �\ � - �•1 - _ I � _ � ��I - 1 V�;C; LEA GIG' � y ±ai " � w EINE(L4,A N, CEO�" 4 \i \\S 1' I I� GC E No�t� a , 12 Iz SNLD may'„ PD 6r aFVKNLA i.. ATCH CALIFORNIA CNATLATC ER HAB_A ftEAi.," PEOPOSED ��# a `JI 4") �/.�J ��gt \ NETAININD NAB PNDPDSED P mt L J, �tx / 5 ,\ V r�v" TS r',� �-. E ITTPE Ii BI SECTIDN jiMvvE i2 el .mod' t}l t�" Mt VERNON AVENUEftii'' a' rf 'l'b ,\� �� / '` k(tyl,t► ��-'''f 4 +♦,g,..�Q P �. slC t �� P� • 5 crloN A+r a f a �.�+� t ) ` tt A R a •. L.i �' �. f",0 %' _1'' v m 0 i Z crAl C' 1 — 2nn CA LEGEND —�—� POTENTIAL WALLS 1-215/ Mt VERNON —WASHINGTON CALIFORNIA GNATCATCHER HABITAT AREA --------- CUT (ASSUMING WALLS ARE NOT BUILT) ALTERNATIVE 11v5 HOOK RAMPS / TIGHT DIAMON FILL (ASSUMING WALLS ARE NOT BUILT) nT_nc_1 a Attachment Alternative 11 (Washington Street Interchange]Mt Vernon Improvement Protect) I Cctry � IO A W MEETING DATE AGENDA REPORT March 25, 2014 Housing Authonty TITLE A Resolution of the Housing Authority Accepting Housing Assets and Granting a Construction Extension to Habitat for Humanity San Bernardino Area, Inc PRESENTED BY Sandra Molina, Interim Community Development Director RECOMMENDATION 1 Adopt the attached Resolution accepting the Assignment and Assumption Agreement relating to housing interests and granting a three (3) year time extension by which to construct two affordable owner -occupied residences related to Habitat for Humanity, and 2 Direct the Executive Director to execute all documents and to take all actions necessary and required to implement this action BACKGROUND On May 24, 2011, the former Community Redevelopment Agency adopted Resolution No CRA 2011-07 approving a Purchase and Sale Agreement and Grant Deed and Affordability Covenant between the former CRA and Habitat for Humanity San Bernardino Area, Inc (Habitat) to sell a 0 50-acre parcel to Habitat and requiring the construction of the two owner -occupied affordable homes before June 30, 2014 Affordability of the two homes is earmarked for very low and low income households The Purchase and Sale Agreement also requires that qualified City residents be given preference on purchasing the homes The affordability covenant runs with the land for a period of forty-five years, and any change in ownership when the homes are completed will not release it If the homes are not constructed by June 30, 2014, the land automatically reverts back to the redevelopment agency, or as is the case, the Successor Agency Based on a request by Habitat Executive Director Dennis Baxter, the Successor Agency adopted respective resolutions, Resolution 2013-48-SA and Resolution No 2013-49-SA on November 13, 2013, transferring the housing interests to the Housing Agency and granting a construction extension for a period of three years The Oversight Board (OB) adopted OB Resolution 2013-15, and OB Resolution 2013-16 approving the Successor Agency's actions on December 4, 2013 On January 17, 2014, the Department of Finance approved OB Resolution 2013-16, Packet Pg 36 transferring the housing assets to the Housing Authority The DOF determined that the Agency's and OB's actions to extend the construction date are not necessary, as the authority to grant the extension rests with the Housing Authority DISCUSSION Since the Successor Agency and Oversight Board have already taken respective actions to transfer the housing interests to the Housing Authority, which received DOF approval, the remaining action is for the Housing Authority to adopt the attached Resolution accepting the housing interests and granting the construction extension The attached Resolution includes and Assignment and Assumption Agreement (between the Housing Authority, Successor Agency and Habitat, transferring housing interests to the Housing Authority FISCAL IMPACT Costs incurred by the City on this item include staff and City Attorney time ATTACHMENTS Housing Authority Resolution APPROVALS Sandra Molina Completed 03/18/2014 7 33 AM Cynthia Fortune Completed 03/18/2014 8 09 AM City Attorney Completed 03/19/2014 12 59 PM Sandra Molina Completed 03/19/2014 1 06 PM City Manager Completed 03/19/2014 3 08 PM City Council Pending Packet Pg 37 8Aa RESOLUTION NO 2014---HA A RESOLUTION OF THE GRAND TERRACE HOUSING AUTHORITY ACCEPTING HOUSING INTERESTS ASSOCIATED WITH HABITAT FOR HUMANITY SAN BERNARDINO AREA, INC AND GRANTING A CONSTRUCTION EXTENSION TO HABITAT FOR HUMANITY SAN BERNARDINO AREA, INC WHEREAS, on May 24, 2011, the former Community Redevelopment Agency adopted Resolution No CRA 2011-07 approving a Purchase and Sale Agreement and Grant Deed and Affordability Covenant approving the sale of a vacant 0 50-acre lot, more particularly described as 12569 Michigan Street, Grand Terrace, California Assessor's Parcel Number 1167-271-11 to Habitat for Humanity San Bernardino Area, Inc, WHEREAS, the Purchase and Sale Agreement was fully executed on June 21, 2011 and the Grant Deed and Affordability Covenant transferring the property to Habitat for Humanity San Bernardino Area, Inc was recorded (Recordation #2011-0271505) on July 5, 2011, WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability Covenant state that Habitat for Humanity San Bernardino Area, Inc shall construct two (2) residences and sell one (1) residence to a qualified very low income buyer and one (1) residence to a qualified low or very low income buyer, WHEREAS, the Purchase and Sale Agreement and Grant Deed and Grant Deed and Affordability Covenant covenants the ownership of the two residences to qualified very low and low income buyers for a period of forty-five (45) years from the date of the initial conveyance of the residence(s), pursuant to the requirements of the California Health and Safety Code Section 33413 (b) (2) (c), w WHEREAS, the Purchase and Sale Agreement and Grant Deed and Affordability Covenant states that Habitat for Humanity San Bernardino Area, Inc must construct the two residences by June 30, 2014, a WHEREAS, the Purchase and Sale Agreement and Grant Deed and Grant Deed and Affordability Covenant include an automatic reversion of the property to the Grantor should Habitat fail to construct the two residences by June 30, 2014, 1 Packet Pg 38 8Aa WHEREAS, the State Legislature dissolved redevelopment agencies by enacting Assembly Bill Nos 1x 26 and 1484, relating to redevelopment dissolution, ("Dissolution Statutes") which became effective on June 28, 2011, and June 27, 2012, respectively, WHEREAS, the City of Grand Terrace created the Grand Terrace Housing Authority ("Housing Authority") on January 30, 2012, to assume all rights, powers, assets, liabilities, duties, obligations and functions associated with the housing activities of the former Community Redevelopment Agency of the City of Grand Terrace, WHEREAS, on November 12, 2013, the Successor Agency for the Grand Terrace Community Redevelopment Agency ("Agency") adopted Resolution 2013-48 SA to transfer the housing assets to the Grand Terrace Housing Authority, and WHEREAS, on December 4, 2013, the Oversight Board to the City of Grand Terrace Redevelopment Agency adopted OB Resolution 2013-16 to transfer the housing assets to the Grand Terrace Housing Authority, and WHEREAS, on January 17, 2014, the Department of Finance approved OB Resolution 2013-16 to transfer the housing assets to the Grand Terrace Housing Authority, and WHEREAS, on March 25, 2014, the Grand Terrace Housing Authority conducted a public meeting to consider acceptance of the housing assets, and voted to accept said assets on March 25, 2014 NOW, THEREFORE, BE IT RESOLVED that the Grand Terrace Housing Authority does hereby resolve, determine and find as follows Section 1 That the foregoing recitals are true and correct Section 2 The Grand Terrace Housing Authority authorizes the Executive Director of the Grand Terrace Housing Authority to execute the Assignment and Assumption Agreement attached as Exhibit 1, thereby, assuming all of Agency's interests, rights, and obligations under, and agrees to be bound by the provisions of the Assignment and Assumption Agreement Section 3 The Grand Terrace Housing Authority grants an extension of the construction timeline for a period of three (3) years from June 30, 2014 2 Packet Pg 39 8Aa Section 4 The Grand Terrace Housing Authority authorizes the Executive Director to execute all documents and to take all actions necessary and required to carry out this Resolution Section 5 The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED by the Grand Terrace Housing Authority at a regular meeting held on the 25th day of March, 2014 Walt Stanckiewitz Chair of the Grand Terrace Housing Authority =117_F-1 t9l;161 N ) Authority Counsel w E w El Packet Pg 40 8Aa ATTEST Interim Secretary I, , INTERIM CITY CLERK of the City of Grand Terrace, acting as the Interim Secretary to the Grand Terrace Housing Authority do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Grand Terrace Housing Authority held on the 25th day of March, 2014 by the following vote AYES NOES ABSENT ABSTAIN City Clerk 2 Packet Pg 41 8Aa RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Grand Terrace Housing Authority 22795 Barton Rd Grand Terrace, CA 92313 Attn Executive Director Exempt From Recording Fee Pursuant to Government Code § 27383 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Agreement"), is made as of by and among the Successor Agency for the Grand Terrace Community Redevelopment Agency, a public body and successor in interest to the Grand Terrace Community Redevelopment Agency, corporate and politic ("Agency"), the Grand Terrace Housing Authority ("Authority"), and Habitat for Humanity San Bernardino Area, Inc , a California corporation ("Owner") WITNESSETH A Owner is the owner of that certain real property located in the City of Grand Terrace, County of San Bernardino, State of California described in Exhibit "A" attached hereto and made a part hereof (the "Property") B As a condition of sale to Owner, the Grand Terrace Community Redevelopment Agency required an Affordability Covenant which is further described in Exhibit "B" ("Covenant") C The Purchase and Sale Agreement, attached hereto and incorporated herein by this reference as Exhibit "C," between the Owner and the Grand Terrace Community Redevelopment Agency for the purchase and sale of the Property requires compliance with the Covenant D Because of the dissolution of redevelopment, the Authority is now the successor a to all of the Grand Terrace Community Redevelopment Agency's interests, obligations, assets, and rights as described in Health & Safety Code section 34176, and now seeks to receive Agency's interest in the Property, as contained in Exhibits "B" and "C," and Agency seeks to 0 transfer said interest to Authority = w c E Agency and its Oversight Board have each approved of the transfer of the E interests described herein by resolution, and the California Department of Finance has 0 approved of the Oversight Board's action by resolution transferring the interests described w herein a F Authority will assume the rights and obligations of Agency under the documents in Exhibits "B" and "C," as set forth in this Agreement NOW THEREFORE, Agency, Authority and Owner agree as follows Affordable Housing Agreement DOC Packet Pg 42 8Aa 1 Effective Date As used in this Agreement, the "Effective Date" shall be the date of the last date signed below by the Parties 2 Transfer As of the Effective Date, and in accordance with the documents in Exhibits "B" and "C," Agency transfers all of its interests, rights, and obligations under the documents in Exhibits "B" and "C" to Authority 3 Assumption by Assignee/Assignee As of the Effective Date, Authority assumes all of Agency's interests, rights, and obligations under, and agrees to be bound by, the documents in Exhibits "B" and "C " Authority shall fully and faithfully perform and discharge, as and when performance and discharge are due, all of the obligations of Agency under the documents in Exhibits "B" and "C," and each of them 4 Legal Effect Except as modified by this Agreement, the documents in Exhibits "B" and "C" are unchanged and shall remain in full force and effect 5 Entire Agreement This Agreement contains the entire agreement among Agency, Authority, and Owner with respect to the subject matter hereof and supersedes all prior agreements, understandings, offers and negotiations, oral or written, with respect thereto This Agreement shall bind and inure to the benefit of Agency, Authority, and Owner including all of their respective personal representatives, heirs, successors and assigns This Agreement shall be governed and construed in accordance with the laws of the State of California IN WITNESS WHEREOF, Agency, Authority, and Owner have executed this Agreement as of the date first hereinabove written [Signatures on the following page ] Packet Pg 43 8Aa s SUCCESSOR AGENCY FOR THE GRAND TERRACE COMMONITY REDEVELOPMENT AGENCY, successor in interest to the Grand Terrace Community Redevelopment Agency and a public body, corporate and politic By - Kenneth J Henderson, Interim Executive Director APPROVED AS TO FORM By Richard Adams 11, Agency Counsel ATTEST By Interim Agency Secretary HABITAT FOR HUMANITY SAN BERNARDINO AREA, a California corporation By - Dennis Baxter, Executive Director GRAND TERRACE HOUSING AUTHORITY, a public body, corporate and politic By Kenneth J Henderson, Interim Executive Director APPROVED AS TO FORM By Richard Adams ll, Authority Counsel ATTEST By Interim City Clerk Packet Pg 44 8Aa EXHIBIT "A" LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF LOT 36, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 387 5 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 77 5 FEET, THENCE AT RIGHT ANGLES EAST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET, THENCE AT A RIGHT ANGLE NORTH AND PARALLEL WITH THE WEST LINE OF SAID LOT 36, 77 5 FEET, THENCE AT RIGHT ANGLE WEST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET TO THE POINT OF BEGINNING Packet Pg 45 d n pr CD to m x W CO a Attachment Housing Authority Resolution (Habitat for Humanity Construction Extension) I Recorded In Official Records County of San Bernardino 7/05/2011 DENNIS DRAEGER s A a .00 ASSESSOR - RECORDER - CLERK f� R Regular Mail WHEN RECORDED MAIL TO Doc# 2011— 0271505 Titles 1 Pages City Clerk Fees 0 0i City of Grand Terrace Taxes 0 ei 22795 Barton Road Other 0 et Grand Terrace, CA 92313 SPACE PAID $0 01 A P N 1167-271 11 (No Recording tee per Sec 6103) GRANT DEED AND AFFORDABILITY COVENANT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Community Redevelopment Agency of the City of Grand Terrace, a California Community Redevelopment Agency ("Grantor") does hereby GRANT to Habitat for Humanity San Bernardino Area, Inc, a California corporation ("Grantee") the real property in the City of Grand Terrace, County of San Bernardino, State of California, described as See Exhibit "A" attached Grantee shall construct two (2) residences on the Property on or before June 30, 2014 Failure to do so shall result in an automatic reversion of the Property to Grantor This conveyance and all subsequent conveyances shall be subject to the a Covenant running with the land requiring that one (1) residence constructed on the Property shall be owned and occupied by persons or faEnihes of very low income for a period of forty-five (45) years and one (1) residence constructed on the Property shall be owned and occupied by persons or families of low or very low income for a period of forty-five (45) years from the date of the initial conveyance of the residence(s), pursuant to the requirements of the California Health and Safety Code Section 33413 (b) (2) (c) Breach of this Covenant shall result in an automatic reversion of the Property to the Grantor DATED GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY *ATTEST �zl),e . Brenda Mesa, City Clerk State of California ) County Bernardino )ss City of Grand Terra Its Chairman Walt Stanckiewitz Q On , before me, a Mesa, a Notary Public in and for said State, personally appeared ally known to me to be the person whose name is subscribed to the within instrument and acknow a to me that he executed the same in his authorized capacity, and that by his signature on the instrument erson, or the entity upon behalf of which the person acted, executed the instrument Packet Pg 47 8Aa Exhibit "A" (Legal Descnption) COMMENCING AT THE NORTHWEST CORNER OF LOT 36, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 387 5 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 77 5 FEET, THENCE AT RIGHT ANGLES EAST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET, THENCE AT A RIGHT ANGLE NORTH AND PARALLEL WITH THE WEST LINE OF SAID LOT 36,77 5 FEET, THENCE AT RIGHT ANGLE WEST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36,280 FEET TO THE POINT OF BEGINNING Packet Pg 48 8Aa CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5a4-N 1357Me&(-A (r) 0 CIVIL CODE § 1189 On 6 — ---7—/ -"// before me, C2 N Prx bl 1, ._ Date Here Insert Name and Title of the Officer personally appeared (,r,) c-14- J+-a y► C.l , P Ltd I irL— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4-whose name* is/are- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heAkgeir authorized capacity(ws), and that by his/he4their signature(e} on the instrument the BRENDA AMSA person(sj or the entity upon behalf of which the Commission s 1933126 person(4 acted, executed the instrument Notary Public - Catiforala San Bernardino County Milcornin Tres r28,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date �o —.Z/ �� Number of Paas Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name U 3 a (4— _�)44c�►�►Signer's Name X—Corporate Officer — Title(s) �� ❑ Corporate Officer — Title(s) ❑ Individual ❑ Individual ❑ Partner — ❑ Limited ❑ Gene ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing O 2010 National Notary Association NetionalNotary org 1 800 US NOTARY (1.800 876.6827) item gbsui Packet Pg 49 0 Attachment Housing Authority Resolution (Habitat for Humanity Construction Extension) Go v a) 8Aa PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement ("Agreement"), dated this Aday of May, 2011, is entered into by and between the Community Redevelopment Agency of the City of Grand Terrace, on one hand ("Seller"), and Habitat for Humanity San Bernardino Area, Inc, on the other hand (`Buyer") RECITALS A. Seller is the owner of that certain real property ("Seller's Prouerty') consisting of a single lot of vacant land, commonly known as 12569 Michigan Street, Grand Terrace, California, San Bernardino County Assessor's Parcel No 1167-271-11 B Subject to the terns and conditions set forth in this Agreement, Seller desires to sell and Buyer desires to purchase of Seller's Property as descnbed on Exhibit A attached hereto (the "Pro a ') and made a part hereof. C The Property is subject to a deed restnction and covenant running with the land which limits the use and sale of the two residences to be constructed on the Property; one (1) to a low or very low income qualified buyer and one (1) to a very low income buyer, said covenant for a period of forty-five (45) years from the date of the initial sale of the residence(s) AGREEMENT ARTICLE I = 0 w I I Sale and Purchase Subject to the terms and conditions set forth in this c Agreement, Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller a w 12 Purchase Price. In consideration of the construction of two (2) low and very low w .income residences on the Property by Buyer, the total purchase price for the Property shall be Q one dollar ($100), (the "Purchase Price"), receipt of which is hereby acknowledged by the Seller 0 13 Condition of Title At Closirig, Seller shall convey to Buyer good andmarketable = w title in fee simple to the Property subject only to all easements, restrictions, or covenants of Q record which do not interfere with the use of the Property for the purposes, including, without = limitation, current, non-delmquent real property taxes (the "Permitted Exceptions") a -1- w a Packet Pg 11 8Aa ARTICLE II ]REPRESENTATIONS AND WARRANTIES H t Representations and Warranties of Seller Truetand Correct Seller hereby represents and warrants to Buyer that the following facts are true and correct as of the date hereof (a) Power and Authonty Seller has the legal power, right and authority to enter into this Agreement and the instruments, referenced herein, and to consummate the transactions contemplated hereby The individuals executing tlus Agreement and the instruments referenced herein on behalf of the Seller have the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. Furthermore. Seller warrants that it has good and marketable title to the Property (b) Requisite Action All requisite action has been taken by Seller in connection vtiath the entering into of this Agreement, the instruments referenced herein, and the consummation of the transactions contemplated hereby (c) Vahchty This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms subject only to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting or limiting the rights of contracting parties generally Neither the execution and delivery of this Agreement and documents referenced herein, nor the consummation of the transactions contemplated herein, conflict with or result in the material breach of any terms or provisions of any contract, loan, or other agreement or instrument to which Seller is a party or affecting the Property All consents, approvals and authorizations necessary for the execution of this Agreement and the consummation of the transactions gontemplated hereon by Seller have been or will be obtained Seller has not sold, conveyed or entered into any contract for the sale of all or any portion of the Property or -any rights incident thereto, nor do there exist any rights of first refusal or options to purchase the Property or any rights incident thereto (d) Recitals The information contained in. the Recitals is true and correct (e) Lawsuits and CIaims. To Seller's actual knowledge, without any duty of c inquiry or investigation, there are no pending actions, lawsuits, claims or judicial, municipal or x administrative proceedings affecting all or any portion of the Property or in which Seller is a party by reason of Seller's ownership of the Property To Seller's knowledge, there are no E threatened or contemplated actions, lawsuits, claims or proceedings nor the existence of any facts which night give rise to such actions, lawsuits, claims or proceedings During the Escrow Q period, Seller will not commence or defend any action with respect to the Property except upon such terns as are mutually acceptable to Seller and Buyer (f) Condition of Property Seller has not received notice of anyviolation of applicable governmental regulations relating to the Property, any existing or contemplated plan to widen or modify any street or highway contiguous to the Property (other than the Grading and -2- Packet Pg 52 8Aa Improvements contemplated by this Agreement) or any other plan, study or effort of any applicable governmental authorities relating to the Property (g) Taxes and Assessments. Seller has provided to Buyer all relevant information in its possession concerning real property taxes and any special assessments or bonds which may be levied against the Property as a result of any existing public improvements or work, activities or improvements done to the Property by Seller (h) Hazardous Materials To Seller's actual knowledge, without any duty of mquuy or investigation, all operations or activities upon, or use or occupancy of the Property by Seller or any current occupant or user thereof are in compliance with all state, federal and local laws and regulations governing or in any way relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or mtentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are commonly defined or employed in accordance with applicable federal, state or local laws, codes, ordinances, rules and regulations) To the Seller's actual. knowledge, without any duty of inquiry or investigation, there is not present upon the Property, or on any portion thereof, underground storage tanks, any hazardous material or any structures, fixtures, equipment or other objects or materials containing any hazardous material in violation of any applicable environmental law (i) Changes Seller shall promptly notify Buyer of any material, adverse change m any condition with respect to the Property or of any event or circumstance wluch makes any representation of warranty of Seller under tlus Agreement untrue or any covenant of Buyer under tins Agreement incapable or less likely of being,performed, it being understood that Seller's obligation to provide notice to Buyer shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement 0) General Representation. No representation, warranty or statement of Seller in this Agreement or in any document, certificate of schedule prepared by Seller and to be furnished to Buyer pursuant to the terms of this Agreement contains any untrue statementof material fact. Except for the representations and warrantees explicitly set forth above, Buyer hereby It releases Seller, Seller's affiliates, officers, directors, partners, employees, and agents, and their c respective hens, successors, personal representatives and assigns, from and against any and all = clauns which Buyer may have and which anse out of or are to any way connected with this Agreement and the Property, including, without limitation, every physical and environmental E condition of the Property BUYER EXPRESSLY WAIVES ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND UNDER ANY PROVISION OF LAW Q THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT BUYER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS AGREEMENT TO RELEASE SELLER BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN OR MAY HEREAFTER GIVE RISE TO CLAIMS WHICH ARE PRESENTLY UNKNOWN, -3- Packet Pg 53 8Aa UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CLAIMS, AND THAT SUCH WAIVERS AND RELEASES FORM A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE UNDER THIS AGREEMENT BUYER HAS CONSULTED WITH LEGAL COUNSEL CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY Initials Buyer Seller 22 Representations of Buyer. Buyer is validly existing as;! California Corporation and has performed all acts and obtained all approvals and consents, in each case as necessary to offer to purchase and to purchase the Property Buyer has the frill authority and power to comply with all of its obligations set forth in this Agreement_ 23 Agreement to Construct and Sell Residences Buyer agrees to construct two (2) residences on the Property on or before June 30, 2014 and sell one (1) to a qualified very low income buyer and one (1) to a qualified low or very low income buyer, subject to the a forty-five (45) year affordability covenant. Failure to construct the residences on or before June 30, 2014 is a material breach of this Agreement and shall result in a reversion of the Property to the Seller 24 Preference to Grand Terrace Residents, In selecting the buyers of the two (2) residences following completion of construction, Buyer shall give preference to qualified buyers who are residents of the City of Grand Terrace ARTICLE III COVENANTS OF SELLER AND BUYER IRA License to Enter Seller hereby agrees that Buyer and/or its agents, representatives, contractors and subcontractors may, conduct its own reasonable engineering studies, environmental assessment, sort and compaction tests and other tests and studies on the Property provided that (i) such activities do not impair the drainage of the Property, and (ii) Buyer shall be responsible for any damage caused thereby to the Property Buyer shall be responsible for any liability, cost, claim, damage or injury caused by such entry and shall keep the Property free of any and all hens ansing therefrom Buyer shall indemnify and hold Seller harmless and defend Seller from and against such liability, loss, judgment, cost, claim, damage or injury, mcluding but not limited to attorneys' fees and costs, ansmg out of or in connection with entry or testing on the Property by Buyer or its agents, representatives, contractors or subcontractors -'4 - Packet Pg 54 8Aa ARTICLE W NUSCELLANEOUS PROVISIONS IV 1 Incorporation of Exhibits. All exhibits attached hereto and referred to herem are incorporated in this Agreement as though hilly set forth herem. IV 2 Attorneys' Fees In any legal proceeding between Buyer and Seller seeking enforcement of or attempting to construe any of the terms and provisions of this Agreement, or in connection with any of the property described herem, including, without limitation, insolvency, bankruptcy, arbitration, declaratory relief or other litigation, the prevailing party in such action shall be awarded, m addition to damages, injunctive or other relief, its reasonable costs and expenses, including, without limitation, service of process, filing fees, court and court reporter costs, investigation costs, expert witness fees and the cost of any bonds, and reasonable attorneys' fee IV 3 Notices All notices required or permitted by this Agreement shall be in writing and may be delivered in person (by hand delivery or professional messenger service) to either party or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U S Postal Service or Federal Express or any other courier service guaranteeing overnight delivery, charges prepaid, addressed as follows - If to Buyer at. Habitat for Humanity San Bernardino Area, Inc Post Office Box 1554 Redlands, California 92373 If to Seller at Grand Terrace Community Redevelopment Agency 22795 Barton Road Grand Terrace, CA 92324 With a Copy To John R Harper Harper & Burns LLP 453 S Glassell Street Orange, California 92866 Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed in Los Angeles, Orange, San Bernardino or Riverside Counties with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges prepaid, to the U S Postal Service or -5- Packet Pg 55 8Aa private couner Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof Any party may change its address for purposes of this Section by giving notice to the other party and to Escrow Holder as herein provided. IV 4 Successors and Assigns This Agreement shall be binding upon and shall mure to the benefit of each of the parties hereto and their respective successors and permitted assigns IV 5 Relationship of Parties The relationship of the parties to this Agreement shall be solely that of Buyer and Seller, and nothing herein contained shall be construed otherwise IV 6 Governing Law This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws of the State of California IV 7 Entire Agreement. Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose No provision of this Agreement may be modified, waived, amended or added to except if in writing and signed by the party against'which the enforcement of such modification, waiver, amendment or addition is or may be sought - IV 8 Pronouns All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties may require IV-9 Headings The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement_ IV 10 Severability If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or shall be held by any court of competentjunsdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby IV.11 Waiver The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof IV 12 Further Assurances Seller and Buyer each agree to do such further acts and things, and to execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the sale or any other agreement r contained herein in the manner contemplated hereby a IV 13 Coo er�artss Tins Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument IV 14 Time of Essence Time is of the essence in this Agreement as to all dates and time periods set forth herein -6- Packet Pg 56 8Aa IV 15 Recitals The provisions of the recitals of this Agreement shall constitute operative and enforceable provisions of this Agreement [Remainder of page intentionally left blank— signature page follows] -7- Packet Pg 57 8Aa IN WITNESS WHEREOF, this Agreement has been executed by the parties on the dates set forth under their respective signatures below, notwithstanding that this Agreement is dated for convenience and reference as of the date and year first written above. BUYER: HABITAT FOR HUMANITY SALT BERNARDINO AREA, INC ..-,utive Director ,. Dated. / 2011 SELLER: GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY By Nauman Dated , 2011 -8- Packet Pg 58 8Aa Exhibit "A" (Legal Descnption) COMMENCING AT THE NORTHWEST CORNER OF .LOT 36, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF LANDS OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 387 5 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 77 5 FEET, THENCE AT RIGHT ANGLES EAST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET, THENCE AT A RIGHT ANGLE NORTH AND PARALLEL WITH THE WEST LINE OF SAID LOT 36,77 5 FEET, THENCE AT RIGHT ANGLE WEST AND PARALLEL TO THE NORTH LINE OF SAID LOT 36,280 FEET TO THE POINT OF BEGINNING Ell Packet Pg 59