03/27/2012CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA • MARCH 27,2012
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 4/11/2012 4:18 PM
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
Invocation
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Walt Stanckiewitz ¨¨¨
Mayor Pro Tem Lee Ann Garcia ¨¨¨
Councilwoman Darcy McNaboe ¨¨¨
Councilman Bernardo Sandoval ¨¨¨
Councilman Gene Hays ¨¨¨
1.ITEMS TO DELETE
2.SPECIAL PRESENTATIONS
A.Recognize Wilden Pump & Engineering for "In God We Trust" Lettering in Council Chambers
B.Business of the Month -Grand Terrace Area Chamber of Commerce
Agenda Grand Terrace City Council March 27, 2012
City of Grand Terrace Page 2 Updated 4/11/2012 4:18 PM
3.CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial. They will be
acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen
may request removal of an item from the Consent Calendar for discussion.
A.Check Register No. 03-27-2012
B.Waive Full Reading of Ordinances on Agenda
C.Approval of 03/13/2012 Minutes
D.City Annual Audit and Financial Report –Fiscal Year 2010-2011
E.Approve the Assignment and Transfer of the Union Pacific Railroad, (UPRR) Public Highway Overpass
Crossing Agreement to the City of Colton as the Lead Agency to Construct the West Barton Road Bridge.
F.Letter of Support for Assembly Bill 1585 (Perez) to Modify Assembly Bill 26 Dissolving Redevelopment
Agencies
G.Award Contractor Agreement for Interior and Exterior Lighting Retrofit at City Hall, City Hall Annex and
the Child Care Facility
H.Successor Agency Adoption of the Draft Recognized Obligation Payment Schedule (ROPS) for Period of
July 1, 2012 to December 31, 2012
I.Accept Community Emergency Response Team (C.E.R.T.) Minutes of September 9, 2011 and February
7, 2012
J.Accept Crime Prevention Committee Minutes of February 13, 2012
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
7.UNFINISHED BUSINESS
8.NEW BUSINESS
A.Repeal Stormwater System Ordinance and Adopt New Federal and State Mandated Requirements.
Agenda Grand Terrace City Council March 27, 2012
City of Grand Terrace Page 3 Updated 4/11/2012 4:18 PM
9.CLOSED SESSION
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, April 10, 2012 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.
AGENDA REPORT
MEETING DATE:March 27, 2012
TITLE:Check Register No. 03-27-2012
PRESENTED BY:Bernie Simon, Finance Director
RECOMMENDATION:Approve
BACKGROUND:
The Check Register for March 27, 2012 is presented in accordance with Government
Code §37202.
The attached index to the warrant register is a guideline account list only and is not
intended to replace the voluminous list of accounts used by the City and CRA.
Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account].
Expenditures may be made from trust/agency accounts (fund 23-xxx-) or temporary
clearing accounts which do not have budgetary considerations.
DISCUSSION:
A total of $127,569.06 in accounts payable checks was issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
Check Register sections. Payroll costs for the period amounted to $63,346.29 and are
summarized below.
Some of the non-routine items include:
67861 5 Point Auto
Service
Oil Change for 2007 Ford F-150 $36.33
67866 Calvary Deaf
Church
Refund on Street Cut Deposit $1,000.00
67874 DeBooy, Kelli Refund on Park Reservation due to weather $50.00
Some the larger items include:
67863 Albert A. Webb
Associates
February Services-West Side Park Project $17,265.50
67865 Babcock
Laboratories Inc
Waste Water Testing $5,360.00
67879 Jones & Mayer Jan/Feb Non-Retainer Legal Services $7,807.00
67883 Replacement
Benefit Fund
2012Annual Benefit Replacement Charges-
Schwab
$22,443.39
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Payroll costs processed for period ending March 2, 2012:
Date Period Payroll and payroll costs
03/02/12 Biweekly $63,346.29
FISCAL IMPACT:
All disbursements are made in accordance with the adopted budget for FY 2011-12.
ATTACHMENTS:
·03-27-12 Warrant Register (PDF)
APPROVALS:
Bernie Simon Skipped 03/21/2012 2:41 PM
Finance Completed 03/21/2012 2:41 PM
City Attorney Completed 03/21/2012 2:41 PM
City Manager Completed 03/21/2012 2:41 PM
City Council Completed 03/28/2012 1:45 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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03/20/2012
Voucher List
CITY OF GRAND TERRACE
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67846 3/8/2012 011195 AMERICAN FIDELITY ASSURANCE CO 746080A Mar MARCH EMP PAID FLEX SPENDING/DEP CARE
23-250-10-00 816.68
Total : 816.68
67847 3/8/2012 011194 AMERICAN FIDELITY ASSURANCE CO A794910 Mar EMP PAID ACCIDENT/SUPP LIFE/SUPP STD INS
23-250-20-00 781.92
Total : 781.92
67848 3/8/2012 011196 FIDELITY SECURITY LIFE 750675 MARCH EMPLOYEE PAID VISION INSURANCE
10-022-61-00 134.40
Total : 134.40
67849 3/8/2012 011199 PRUDENTIAL MUNICIPAL POOL 0000338643MarchEMPLYEE PAID LONG/SHORT TERM DISABILITY
10-022-66-00 937.40
Total : 937.40
67850 3/8/2012 011199 PRUDENTIAL MUNICIPAL POOL Mar0000338643 MARCH EMP LIFE/AD&D/DEP LIFE/EAP INS
10-120-142-000-000 21.24
10-125-142-000-000 11.73
10-380-142-000-000 6.82
21-175-142-000-000 6.79
10-140-142-000-000 25.82
10-440-142-000-000 96.17
10-172-142-000-000 10.31
10-450-142-000-000 3.50
10-175-142-000-000 12.15
10-370-142-000-000 27.18
10-625-142-000-000 4.96
16-175-142-000-000 10.91
21-625-142-000-000 2.13
32-200-142-000-000 16.89
32-370-142-000-000 10.45
34-400-142-000-000 11.37
34-800-142-000-000 4.00
Total : 282.42
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67851 3/8/2012 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 3-2-12 CONTRIBUTIONS FOR PREND 3-2-12
10-022-62-00 16,707.80
Total : 16,707.80
67852 3/8/2012 011092 METLIFE SBC KM05736710 0001 MarMARCH EMPLOYEE/DEPENDENT DENTAL INS
10-022-61-00 1,219.24
Total : 1,219.24
67853 3/13/2012 010218 CHEVRON & TEXACO CARD SERVICES 33523942 February Vehicle Fuel
10-175-272-000-000 166.46
10-440-272-000-000 72.65
34-800-272-000-000 62.72
Total : 301.83
67854 3/13/2012 006720 SO.CA.EDISON COMPANY Feb 2012 February Energy Usage
16-510-238-000-000 5,452.57
26-600-238-000-000 49.80
26-601-238-000-000 41.50
26-602-238-000-000 58.10
Total : 5,601.97
67855 3/13/2012 011138 SPARKLETTS 9637116 030112 February Bottled Water
10-190-238-000-000 49.78
10-450-238-000-000 6.86
10-805-238-000-000 11.35
10-440-238-000-000 39.82
Total : 107.81
67856 3/13/2012 006730 SO.CA.GAS COMPANY February 2012 February CNG Fuel/Natural Gas Usage
10-190-238-000-000 493.61
10-440-238-000-000 101.77
10-175-272-000-000 7.80
10-440-272-000-000 2.60
34-800-272-000-000 2.60
Total : 608.38
67857 3/13/2012 001213 AT & T March 2012 Feb/Mar Phones & Internet Services
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67857 3/13/2012 (Continued)001213 AT & T
10-808-235-000-000 93.97
10-440-235-000-000 406.05
10-190-235-000-000 521.49
10-450-235-000-000 46.65
10-805-235-000-000 161.53
Total : 1,229.69
67858 3/15/2012 010664 SHELL FLEET MANAGEMENT 8000209687203 Feb/Mar Vehicle Fuel
10-175-272-000-000 401.69
Total : 401.69
67859 3/15/2012 003210 DEPT 32-2500233683 Feb 6035322500233683MAINTENANCE SUPPLIES
10-440-245-000-000 3.53
10-175-218-000-000 11.86
10-195-245-000-000 21.58
10-440-245-000-000 24.63
10-195-245-000-000 29.55
10-440-245-000-000 6.45
Total : 97.60
67860 3/20/2012 001206 ARROWHEAD CREDIT UNION Feb-Mar 2012 Feb-Mar Visa Charges
10-190-220-000-000 Training/Workshop Snacks 189.28
10-440-219-000-000 C.Care Storage Cabinet/Refund H.Depot Fans 16.18
10-440-270-000-000 Food Handlers Permits 44.00
10-175-272-000-000 Diagnost Transmission-2000 Chevy 85.00
10-175-246-000-000 Crash Barrel & Revits 190.31
10-450-245-000-000 Back Flow Repair Kit/Tool 139.40
10-195-245-000-000 Back Flow Repair Kit/Tool 139.40
10-120-210-000-000 Labor Law Posters 188.88
10-110-220-000-000 Flowers for P. Spisak Funeral 76.48
10-140-210-000-000 Fax Machine 215.49
10-175-218-000-000 Maint Supplies 17.21
Total : 1,301.63
67861 3/27/2012 010019 5 POINT AUTO SERVICE 17597 Oil Change for 2007 Ford F-150
10-175-272-000-000 36.33
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 36.33 67861 3/27/2012 010019 5 POINT AUTO SERVICE
67862 3/27/2012 001072 ADT SECURITY SERVICES 67368838 4TH QTR C. CARE SECURITY MONITORING
10-440-247-000-000 375.00
Total : 375.00
67863 3/27/2012 011143 ALBERT A. WEBB ASSOCIATES 120487 FEBRUARY WEST SIDE PARK PROJECT
48-600-325-003-000 17,265.50
Total : 17,265.50
67864 3/27/2012 010293 AVAYA, INC.2731731470 MAR/APR PHONE SYSTEM/VOICE MAIL MAINT
10-190-246-000-000 183.46
Total : 183.46
67865 3/27/2012 011221 BABCOCK LABORATORIES, INC.BB22531-2492 Waste Water Testing
21-573-605-000-000 5,360.00
Total : 5,360.00
67866 3/27/2012 011223 CALVARY DEAF CHURCH 03152012 Street Cut Deposit Refund
23-302-61-00 1,000.00
Total : 1,000.00
67867 3/27/2012 011031 CINTAS CORPORATION #150 150558367 C. CARE PAPER GOODS/SUPPLIES
10-440-228-000-000 165.54
150567293 C. CARE PAPER GOODS/SUPPLIES
10-440-228-000-000 202.97
Total : 368.51
67868 3/27/2012 001810 CITY NEWSPAPER GROUP 14635 Notice Inviting Bids-Lighting Retrofit
10-125-230-000-000 252.52
14636 Notice Inviting Bid-Replace HVAC System
10-125-230-000-000 252.52
15135 Notice of Public Hearing-PC Mtg 4/5/12
10-370-230-000-000 152.16
Total : 657.20
67869 3/27/2012 010403 CITY OF REDLANDS AR137496 February CNG Fuel
10-440-272-000-000 28.35
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 28.35 67869 3/27/2012 010403 CITY OF REDLANDS
67870 3/27/2012 006435 CITY OF SAN BERNARDINO 2012-10000003 JANUARY ANIMAL CONTROL SERVICES
10-187-256-000-000 8,682.00
2012-10000007 FEBRUARY ANIMAL CONTROL SERVICES
10-187-256-000-000 8,682.00
Total : 17,364.00
67871 3/27/2012 001867 COMMERCIAL LANDSCAPE SUPPLY 176540 Supplies for Parks
10-450-245-000-000 418.68
Total : 418.68
67872 3/27/2012 010144 CRUZ, MICHAEL 03142012 Gym Key Deposit Refund-Cruz
23-301-76-00 10.00
Total : 10.00
67873 3/27/2012 001950 DATA QUICK B1-2017106 February Subscription Service
34-800-220-000-000 43.50
10-370-250-000-000 43.50
10-380-250-000-000 43.50
Total : 130.50
67874 3/27/2012 011224 DEBOOY, KELLI 03192012 Park Reservation Refund-Due to Weather
10-450-01 50.00
Total : 50.00
67875 3/27/2012 002901 G.T. AREA CHAMBER OF COMMERCE 6866-RDA FEBRUARY CONSULTANT SERVICES
32-370-255-000-000 860.00
Total : 860.00
67876 3/27/2012 010632 HIGH TECH SECURITY SYSTEMS 99615 APRIL SECURITY CAMERA MONITORING
10-450-246-000-000 60.00
10-195-247-000-000 20.00
Total : 80.00
67877 3/27/2012 003213 HONEYWELL ACS SERVICE 3573034 4th Qtr HVAC Maint Agreement
10-195-257-000-000 5,743.00
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 5,743.00 67877 3/27/2012 003213 HONEYWELL ACS SERVICE
67878 3/27/2012 011211 JAN-PRO CLEANING SYSTEMS 31078 MARCH CLEANING SERVICES
10-195-245-000-000 741.00
10-450-245-000-000 334.00
Total : 1,075.00
67879 3/27/2012 011216 JONES & MAYER 58040 Jan. Legal Services-Non Retainer
32-200-251-000-000 2,645.50
58405 Jan. Legal Services-Non Retainer
10-160-250-000-000 795.50
58768 Feb. Legal Services-Non Retainer
10-160-250-000-000 1,295.00
58770 Feb. Legal Services-Non Retainer
32-200-251-000-000 3,071.00
Total : 7,807.00
67880 3/27/2012 010773 KELLAR SWEEPING INC.6575 February Street Sweeping
16-900-254-000-000 4,200.00
Total : 4,200.00
67881 3/27/2012 005586 PETTY CASH 03152012 Replenish C.Care Petty Cash
10-440-220-000-000 18.42
10-440-221-000-000 40.45
10-440-228-000-000 41.77
10-440-272-000-000 60.00
Total : 160.64
67882 3/27/2012 005688 PROTECTION ONE 31891344 4TH QTR ALARM MONITORING-MAINTENANCE
10-195-247-000-000 133.70
Total : 133.70
67883 3/27/2012 011137 REPLACEMENT BENEFIT FUND 1000000130943172012 Add't Replacement Charges-Schwab
10-017-00-00 22,443.39
Total : 22,443.39
67884 3/27/2012 010171 REPUBLIC ITS INC RR-127431 February Traffic Signal Maint
16-510-255-000-000 708.36
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
67884 3/27/2012 (Continued)010171 REPUBLIC ITS INC
RR-127432 February Response Call Outs & Repairs
16-510-255-000-000 114.60
RR-127470 February QuikNet Maintenance
16-510-255-000-000 455.00
Total : 1,277.96
67885 3/27/2012 006310 ROADRUNNER SELF STORAGE INC.14208 APRIL STORAGE RENTAL
10-140-241-000-000 119.00
Total : 119.00
67886 3/27/2012 006510 S.B. COUNTY INFORMATION 12875 February Pager Access
10-175-240-000-000 9.00
Total : 9.00
67887 3/27/2012 010040 SCOTT, MARY J.03142012 Gym Key Deposit Refund-Scott
23-301-76-00 10.00
Total : 10.00
67888 3/27/2012 007005 SO CAL LOCKSMITH 18696 Keys
10-195-245-000-000 6.71
Total : 6.71
67889 3/27/2012 006778 STAPLES 22293 Office Supplies
10-380-210-000-000 75.58
Total : 75.58
67890 3/27/2012 006898 SYSCO FOOD SERVICES OF L.A.203071630 8 C. CARE/SCHOOL AGE FOOD & KIT. SUPPLIES
10-440-220-000-000 887.57
203140502 6 C. CARE/SCHOOL AGE FOOD & KIT. SUPPLIES
10-440-220-000-000 564.55
Total : 1,452.12
67891 3/27/2012 007034 TRANSPORTATION ENGINEERING 1180 January Traffic Engineering Services
10-175-255-000-000 2,274.70
Total : 2,274.70
67892 3/27/2012 007220 UNDERGROUND SERVICE ALERT 220120288 February Dig Alert Tickets
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Voucher Date Vendor Invoice Description/Account Amount
67892 3/27/2012 (Continued)007220 UNDERGROUND SERVICE ALERT
16-900-220-000-000 54.00
Total : 54.00
67893 3/27/2012 011210 VANGUARD CLEANING SYSTEMS, INC 82241 MARCH CHILD CARE CLEANING SERVICES
10-440-244-000-000 850.00
Total : 850.00
67894 3/27/2012 007854 WESTERN EXTERMINATORS CO 620069 FEBRUARY PEST CONTROL SRVS
10-195-245-000-000 134.50
10-805-245-000-000 35.50
Total : 170.00
67895 3/27/2012 007920 WILLDAN 002-12087 FEB PLAN REVIEW & INSPECTION SERVICES
10-172-250-000-000 2,430.00
002-12088 February Engineering Services
10-175-255-000-000 2,520.00
Total : 4,950.00
67896 3/27/2012 010864 WIRZ, MATT 03152012 Mileage Reimbursement-Wirz
21-175-271-000-000 39.27
Total : 39.27
Bank total : 127,569.06 51 Vouchers for bank code :bofa
127,569.06Total vouchers :Vouchers in this report 51
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City of Grand Terrace
Warrant Register Index
FD No.Fund Name Dept No.Department Name General Account Numbers
10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES
11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN
12 STORM DRAIN FUND 125 CITY CLERK 140 RETIREMENT
13 PARK FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE
14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS' COMPENSATION
15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING & SAFETY 138/141 MEDICARE / SUI
16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE
17 TRAFFIC SAFETY FUND/ TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS
19 FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 190 GENERAL GOVERNMENT (NON-DEPT) 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS
22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY & ECONOMIC DEV 238-239 UTILITIES
26 LSCPG/ LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS & LEASES
44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT
46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES
47 BARTON RD. BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES
32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE & SURETY BONDS
33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS & DUES
34 CRA-LOW & MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING
802 CRIME PREVENTION UNIT 270 TRAVEL/CONFERENCES/MTGS
804 HISTORICAL & CULTURAL COMM. 272 FUEL & VEHICLE MAINTENANCE
805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT
807 PARKS & REC COMMITTEE 33-300 DEBT SERVICE
808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV (NO CIP)
700 COMPUTER-RELATED
701 VEHICLES & EQUIPMENT
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Attachment: 03-27-12 Warrant Register (1011 : Check Register No. 03/27/2012)
MINUTES
CITY OF GRAND TERRACE
CITY COUNCIL & CITY COUNCIL AS SUCCESSOR AGENCY
REGULAR MEETING –MARCH 13, 2012
A regular meeting of the City Council of the City of Grand Terrace was called to order in the
Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace,
California, on March 13, 2012 at 6:00 p.m.
PRESENT:Walt Stanckiewitz, Mayor
Lee Ann Garcia, Mayor Pro Tem
Darcy McNaboe, Councilmember
Bernardo Sandoval, Councilmember
Gene Hays, Councilmember
Betsy M. Adams, City Manager
Tracey Martinez, City Clerk
Bernard Simon, Finance Director
Richard Shields, Building & Safety Director
Joyce Powers, Community & Economic Development Director
Richard L. Adams II, City Attorney
Sgt. Ed Finneran, San Bernardino County Sheriff=s Department
Lt. Steve Dorsey, San Bernardino County Sheriff’s Department
Rick McClintock, San Bernardino County Fire Department
ABSENT:None
The City Council meeting was opened at 6:00 p.m. with an Invocation by Ken Wolf, Calvary
the Brook Church, followed by the Pledge of Allegiance led by Mayor Walt Stanckiewitz.
ITEMS TO DELETE
There were no items to delete.
SPECIAL PRESENTATIONS
A.Presentation –Foundation of Grand Terrace –Ryan Stephens
Ryan Stephens gave a presentation on the Foundation of Grand Terrace where
they started and their plans for the future.
B.Proclamation –Child Abuse Prevention Month –April 2012
Mayor Pro Tem Lee Ann Garcia read the proclamation proclaiming April 2012 as
Child Abuse Prevention Month in the City of Grand Terrace. She presented the
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03/13/2012
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proclamation to Sue Taylor who received the Proclamation on behalf of County of
San Bernardino Children’s Network.
Sue Taylor, thanked the Council for the proclamation. She shared county-wide child
abuse statistics with the Council and indicated that the San Bernardino County
Children’s Network provides several informational items to communities and
suggested that if the City is interested in any of the material they should contact
their office.
CONSENT CALENDAR
CC-2012-18 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0,to approve the following Consent Calendar
Items:
3B.Waive Full Reading of Ordinances on Agenda
3C.Approval of 02-28-2012 Minutes
3F.Historical and Cultural Activities Committee Meeting Minutes of 12-
2011 & 02-2012
3G.Community Emergency Response Team (C.E.R.T.) Minutes of 10-04-
2011, 11-01-2011 and 01-03-2012
3H.Emergency Operations Committee Minutes of 02-07-2012
ITEMS REMOVED FROM THE CONSENT CALENDAR
CC-2012-19 MOTION BY COUNCILMEMBER HAYS, SECOND BY MAYOR PRO TEM
GARCIA, CARRIED 5-0 to approve the following consent calendar items that
were removed from the Agenda for discussion:
3A.Approve Check Register No. 03-13-2012
3D.Resolution Authorizing Publication of Ordinance Summaries Instead
of Full Ordinances When Deemed Cost Effective and Designate
Officials to Prepare and Approve Summaries for Publication -with
the understanding that Staff will provide a complete and
comprehensive summary of the Ordinances
3E.Award Contractor Agreement to USA Shade & Fabric Structures, Inc.
DBA Shade Structures, Inc.–with the inclusion of all of the
corrections and additions to the agreement as requested by
Councilmember Hays.
PUBLIC COMMENT
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03/13/2012
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Denis Kidd, reported that there were 1,100 hikers that participated in the Blue
Mountain Hike. The event was a great success. He thanked many individuals and
organizations that helped make the event a great success.
COUNCIL REPORTS
Councilmember Gene Hays, thanked the Sheriff’s Department for catching the
individual that was doing graffiti in town. He is linked to approximately $10,000
worth of damage.
Councilmember Darcy McNaboe,also thanked the Sheriff’s Department for catching
the individual that was doing graffiti in town. She stated that she has noticed marks
that have been placed on the sidewalks throughout town and questioned if they
were placed there for cautionary purposes or because there is going to be
maintenance done on them.
Building and Safety/Public Works Director Richard Shields, responded that it is for
both. He indicated that some repairs will be coming forward that will be paid for with
stimulus funds through SANBAG.
Councilmember McNaboe, went on a tour of the new high school on March 2nd.
She was excited to see the progress that is taking place and is looking forward to
the first event that will be held at the school. She expressed her disappointment
that the time line that was agreed to by the City Council for the City Manager’s
annual review has been changed. She feels that the City Manager has the right to a
review. She announced that long time resident and volunteer, Philomene Spisak,
passed away and requested that the meeting to be adjourned in her honor.
Councilmember Bernardo Sandoval, reported that he attended the Grand Terrace
Youth Basketball Closing ceremonies, which was a great event. He feels that there
are so many great individuals that do so much for the community,from their heart,
which makes Grand Terrace truly a great community. He thanked the Sheriff’s
Department for doing a great job. He indicated that his home was broken into and
they went above and beyond with the investigation and he is very appreciative of the
work that they do for the City. He expressed his disappointment with the response
from the Los Angeles City Council with regards to Ontario International Airport. He
indicated that he would like the Council to consider supporting Senator Bob Dutton
Senate Bill 986. This would allow Cities to spend the bonds that were designated
for specific projects to actually be spent on those projects.
Mayor Walt Stanckiewitz, expressed his disappointment with what the City of Los
Angeles is doing with the Ontario International Airport. He prepared a letter from
himself that he will be sending on his behalf.
Mayor Pro Tem Lee Ann Garcia, reminded residents to be aware and proactive.
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03/13/2012
Page 4
She reported that identity theft continues to be a problem and residents should take
precaution with their mail. She stated that the Sheriff’s Department is always
proactive and they will be implementing a new neighborhood watch program. She
referred to a notice she received with regards to a pest that is attacking citrus trees
in the area. They will be treating trees in the area. A meeting will be held in
Redlands with regards to this. The Management Association of Colton will be
hosting a scholarship golf tournament on Saturday, May 5. Terrace View
Elementary School will be presenting Beauty and the Beast in April. She
questioned what the car counters are for on Barton Road going down to Colton.
Building and Safety/Public Works Director Shields, responded that they are in the
City of Colton and that is unsure.
Mayor Pro Tem Garcia, expressed her sadness with the passing of Philomene
Spisak. She was a very active member of the community and gave her life to the
City. She is hopeful that we can do something in her memory in the future.
Mayor Stanckiewitz, reminded everyone that there is a rave scheduled at the
Orange Show on Saturday, March 17th. Those affected by the event should contact
the San Bernardino County Sheriff’s Department and the San Bernardino Police
Department. He encouraged residents to pay attention and stay engaged. The
economy is not improving.
The following item was added to the Agenda based on the findings that
Council received this request after the posting of the Agenda and that it
requires immediate action.
CC-2012-20 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY MAYOR PRO
TEM GARCIA, CARRIED 5-0, to add the Support of Senate Bill 986 to the
Agenda.
CC-2012-21 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0, to send a letter of support of Senate Bill 986.
PUBLIC HEARINGS -None
UNFINISHED BUSINESS -None
NEW BUSINESS
8A.Professional Service Agreement with Albert A. Webb Associates, Inc. to
Design a City Wide Stormwater Master Plan and also Design Michigan Street
Roadway Improvements (City Council as Successor Agency)
CC-2012-22 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
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SANDOVAL, CARRIED 5-0, to approve the Professional Service Consultant
Agreement between the City, it its capacity as the Successor Agency, and
Albert A. Webb Associates, Inc. to design a City Wide Stormwater Master
Plan and Roadway Improvements to Michigan Street, appropriate
$908,694.60 from unexpended Redevelopment bond proceeds to be used to
fund the City Wide Stormwater Master Plan and Michigan Street roadway
improvements, adopt a Resolution approving the funding of the design for
the Project to be paid using Bond proceeds and authorize the City Manager
to sign the Professional Services Agreement.
8B.Eighteenth Amendment to Law Enforcement Services Contract No. 94-797
with the County of San Bernardino
CC-2012-23 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER
MCNABOE, CARRIED 5-0, to approve the eighteenth Amendment to Law
Enforcement Services Contract No. 94-797 with the County of San
Bernardino and authorize the Mayor to execute the agreement.
8C.Oversight Board Appointments
CC-2012-24 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY
COUNCILMEMBER HAYS, CARRIED 5-0, to approve a resolution ratifying
the appointment by the Mayor to the Oversight Board of the Successor
Agency to the Grand Terrace Redevelopment Agency as follows:
Mayor Walt Stanckiewitz, pursuant to Health & Safety Code Section
34179(a)(2)and Joyce Powers pursuant to Health & Safety Code Section
34179 (a)(7).
8D.Fiscal Year End Financial Results FY 2010-11
This is a receive and file item only. No action was taken.
8E.Mid-Year Budget Adjustments FY 2011-12 (City Council & City Council as
Successor Agency)
CC-2012-25 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0, to approve the Mid-Year Budget Adjustments for
FY 2011-12 as presented by Staff.
CLOSED SESSION –None
Mayor Stanckiewitz adjourned the City Council and City Council as the Successor Agency
of the Community Redevelopment Agency Meeting in memory of long time resident and
very active volunteer of the City of Grand Terrace, Philomene Spisak,who passed away at
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03/13/2012
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7:27 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday,
March 27, 2012 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
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AGENDA REPORT
MEETING DATE:March 27, 2012
TITLE:City Annual Audit and Financial Report –Fiscal Year 2010-
2011
PRESENTED BY:Bernie Simon, Finance Director
RECOMMENDATION:Approve the City’s annual audit and financial report for FY
2010-11
BACKGROUND:
The City annual audit and financial report is required under the municipal code and is
required for reporting to the State Controller, grant reporting, if any, bond trustees and
other financial reporting requirements. The audited financial statements are
comprehensive and include the Community Redevelopment Agency funds, which are
also required to be reported separately. The annual audit and financial report of the
Community Redevelopment Agency was presented to the Agency Board in December
2011. The City received an unqualified opinion for the fiscal year 2010-11 audit. An
unqualified opinion is the highest opinion that can be achieved. The City is audited by
the CPA firm of Rogers, Anderson Malody and Scott from San Bernardino.
DISCUSSION:
A preliminary review of fiscal year ended June 30, 2011 financial results and the
preliminary audit results were discussed with City Council on March 13, 2012 under
agenda item 8D.
The audited financial report indicates that net assets of the city, in the Government-
Wide Statement of Net Assets, decreased approximately 3.8% to $29.5 million before
any adjustments for prior periods. Overall revenues decreased 4.1% to $14.2 million
while expenditures, capital costs and debt service decreased 10.9% to $12.7 million
before any adjustments for prior periods.
Overall fund balance of the Governmental Funds is a total of $37.8 million. $35.3 million
of the overall total fund balance reserve is with the Community Redevelopment Agency,
FY 2010-11 General Fund unassigned fund balance is $202,029 compared to a prior
year restated fund deficit of ($750,995), which is an increase of $953,024 from the
previous fiscal year. The increase is primarily attributable to one time revenue
recognitions and budget reductions. The Wastewater Disposal Fund (sewer) is the only
City proprietary fund with a total of $5,328,258 in net capital assets and unrestricted net
assets of $1.7 million.
A copy of the City Annual Audit and Financial Report will be available on the City’s
website under the document center.
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FISCAL IMPACT:
There is no fiscal impact with this report.
ATTACHMENTS:
City of Grand Terrace Annual Financial Report FY 2010-11
(Under separate cover & available on the City Website)
APPROVALS:
Bernie Simon Skipped 03/20/2012 1:17 PM
Finance Completed 03/20/2012 1:17 PM
City Attorney Completed 03/20/2012 1:17 PM
City Manager Completed 03/20/2012 1:17 PM
City Council Completed 03/28/2012 1:45 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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AGENDA REPORT
MEETING DATE:March 27, 2012
TITLE:Approve the Assignment and Transfer of the Union Pacific
Railroad, (UPRR) Public Highway Overpass Crossing
Agreement to the City of Colton as the Lead Agency to
Construct the West Barton Road Bridge.
PRESENTED BY:Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION:Adopt Resolution No. 2012-, setting forth specific language
to transfer the Highway Overpass Crossing Agreement to
the City of Colton and authorize the Mayor to sign the
Assignment Rider Agreement provided by Union Pacific
Railroad.
BACKGROUND:
On June 16, 2010 Union Pacific Railroad (“UPRR”) and the City of Grand Terrace
entered into a Public Highway Overpass Crossing Agreement as part of the
administrative process to replace the West Barton Road Bridge over the UPRR tracts.
The City of Grand Terrace was the lead agency for the preliminary engineering and
right-of-way procedures of the project and the City of Colton is the lead agency for the
construction phase of the project.
DISCUSSION:
The City of Colton is in the process of obtaining construction authorization to build the
West Barton Road Bridge. Since the City of Colton is not a signatory on the Public
Highway Overpass Crossing Agreement and the City is, UPRR needs to assign the
Agreement to the City of Colton as stipulated in Section 14, of the Public Highway
Overpass Crossing Agreement.
On March 8, 2012, UPRR sent an Assignment Rider Agreement to the City of Colton
and the City of Grand Terrace for execution. The execution of the Assignment Rider
Agreement needs City Council approvals from both Cities.
By transferring the Agreement, the City is assigning the provisions of the agreement to
the City of Colton for construction. The City of Colton has applied for CALTRANS
approval to go out to bid for the bridge construction. This step will move the process
forward so CALTRANS will be able to approve the construction phase.
Staff recommends that the City Council adopt Resolution No. 2012 -____ setting forth
language to assign and transfer the Public Highway Overpass Crossing Agreement to
the City of Colton for the construction phasing and grant the Mayor the authority to sign
the Assignment Rider Agreement.
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FISCAL IMPACT:
No Fiscal Impact.
ATTACHMENTS:
·Resolution (DOC)
·Assignment Rider Agreement (PDF)
APPROVALS:
Finance Completed 03/21/2012 2:45 PM
City Attorney Completed 03/21/2012 2:45 PM
City Manager Completed 03/21/2012 2:45 PM
Richard Shields Skipped 03/21/2012 2:46 PM
City Council Completed 03/28/2012 1:45 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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RESOLUTION NO. 2012_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, APPROVING THE ASSIGNMENT AND TRANSFER OF THE
PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT TO THE CITY OF
COLTON.
WHEREAS,on January 14, 1999, the City of Grand Terrace and the City of
Colton entered into a Cooperative Funding Agreement to replace the West
Barton Road Bridge over the Union Pacific Railroad, (UPRR), known as DOT No.
747-045-X.
WHEREAS,the City of Grand Terrace has been the lead agency on the West
Barton Road Bridge replacement project through the administration of the
preliminary engineering and right-of-way procedures and now transfers the
project to the City of Colton to construct.
WHEREAS,on June 16, 2010, the City of Grand Terrace City Council adopted
Resolution No. 2010-07, approving a Public Highway Overpass Crossing
Agreement with UPRR for the construction of the West Barton Road Grade
Separation.
WHEREAS,the City of Colton is now the lead agency on the West Barton Road
Bridge to construct the grade separation.
WHEREAS,pursuant to UPRR, the Highway Overpass Crossing Agreement
must be transferred to the lead agency that will construct the grade separation.
WHEREAS,pursuant to the UPRR, under Section 14, of the Highway Overpass
Crossing Agreement, the City shall not assign the Highway Overpass Crossing
Agreement without the prior written consent of UPRR.
WHEREAS,on March 8, 2012, UPRR sent an Assignment Rider Agreement to
the City of Colton and the City of Grand Terrace for execution to transfer the
Highway Overpass Crossing Agreement to the City of Colton as the lead agency,
NOW THEREFORE, THE GRAND TERRACE CITY COUNCIL DOES
RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1.The City of Grand Terrace City Council as the “Assignor” does
hereby sell, assign, transfer and set over unto the City of Colton, a California
municipal corporation, to be addressed at 160 South 19th Street, Colton
California 92324 (hereinafter “Assignee) all of Assignor’s right, title,
responsibilities and interest in the aforementioned Highway Overpass Crossing
Agreement and hereby approves the attached “Assignment Rider Agreement” for
said purpose.
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SECTION 2.The City of Grand Terrace City Council authorizes the Mayor to sign
the attached Assignment Rider Agreement.
SECTION 3. The City Clerk shall certify to the passage and adoption of the
resolution and enter it into the books of original resolutions.
PASSED, APPROVED AND ADOPTED this 27th day of March, 2012.
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City of Grand Terrace
I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do
hereby certify that the foregoing Resolution was introduced and adopted at a
regular meeting of the City Council of the City of Grand Terrace held on the 27th
day of March, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
City Attorney
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AGENDA REPORT
MEETING DATE:March 27, 2012
TITLE:Letter of Support for Assembly Bill 1585 (Perez) to Modify
Assembly Bill 26 Dissolving Redevelopment Agencies
PRESENTED BY:Joyce Powers, Community and Economic Development
Director
RECOMMENDATION:Direct staff to forward a letter of support to members of the
Assembly.
BACKGROUND:
California Assembly Speaker Perez has introduced AB 1585, which is a Cleanup Bill to
AB X1 26 dissolving redevelopment agencies. Members of the Assembly backing the
bill are reiterating that it was never the intent of the Legislature to eliminate all
redevelopment agencies statewide. While ABX1 26 required subsequent clean up
legislation, the Supreme Court’s decision has created a particular need for clean up of
the many technical and practical issues found in ABX1 26 in order to create a more
orderly process for dissolution. The California League of Cities supports this legislation.
In addition to modifying the responsibilities of the Successor Agencies and Oversight
Boards,the bill would modify provisions for the transfer of housing funds on deposit to
entities assuming the responsibilities of the former redevelopment agencies. The
current legislation excludes the transfer of housing funds on deposit to the local entity.
AB 1585 would provide that any housing funds on deposit in the Low and Moderate
Income Housing Fund of the former redevelopment agency be transferred to the
Housing Authority, as the public entity assuming the housing responsibilities of the
former redevelopment agency.
AB 1585 passed 5-0 in the Assembly Housing and Community Development Committee
on March 14, 2012, and will be heard by the Assembly Local Government Committee
on March 21, 2012. Staff will report the results from this Committee discussion verbally
on March 27, 2012. The bill requires a 2/3 vote in order to take effect immediately as an
urgency statute.
DISCUSSION:
There are several provisions of AB 1585 which staff recommends supporting, and the
most pertinent are summarized below. The full text of AB 1585 is in Attachment No. 1 to
this report.
The “Administrative Cost Allowance”, under this bill would be clarified to exclude costs
that can be paid from bond proceeds or from sources other than property tax. Specific
project implementation activities would not be considered administrative, and those
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costs would be enforceable obligations that are not a part of the administrative cost
calculation.
Under the current AB 1X 26, the City’s Housing Authority accepted the duties and
responsibilities for performing housing functions, but could not retain those funds on
deposit in the former redevelopment agency’s Housing Fund. AB 1585 modifies the
current phrase “excluding any amounts on deposit in the Low and Moderate Income
Housing Fund…,” in Section 34176 (a), to “including any amounts on deposit…”. This
significant modification would allow the Housing Authority to actually complete projects
and pay its obligations.
The new bill clarifies that the special district offered a seat on the Oversight Board
would be the special district having the largest property tax share with the former
redevelopment project area, rather than the current “largest special district”.
Under AB X1 26, Section 34182 of the Health and Safety Code requires that the county
auditor-controller calculate property tax revenues using current assessed values and
deposit that amount in the Redevelopment Property Tax Fund. AB 1585 requires unitary
and supplemental tax increment due to the former redevelopment agency be deposited
as well.
Lastly, in accordance with H & S Code Section 34187, when a recognized obligation
has been paid off or retired, the county auditor-controller is required to distribute the
property tax revenues associated with that payment to the various taxing entities (in
accordance with the Revenue and Taxation Code). This means that, as recognized
obligations are paid off or retired, the former-tax increment would be distributed to the
various local and state agencies that would receive such funds in a proportion
determined by the Revenue and Taxation Code. AB 1585 would change this and add:
“to the extent not currently required for the payment of other recognized obligations.”
This would require recognized obligations to be paid off or retired prior to any such
distribution described above.
Staff has prepared a draft letter (Attachment No. 2) in support of the legislation for the
Council’s review and signature.
FISCAL IMPACT:
Other than staff time, there are no costs associated with providing the letter of support
to the Assembly members.
ATTACHMENTS:
·Assembly Bill 1585 (PDF)
·Draft Letter of Support (DOC)
APPROVALS:
Joyce Powers Skipped 03/21/2012 2:58 PM
Finance Completed 03/21/2012 2:58 PM
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City Attorney Completed 03/21/2012 2:58 PM
City Manager Completed 03/21/2012 2:58 PM
City Council Completed 03/28/2012 1:45 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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AMENDED IN ASSEMBLY MARCH 8, 2012
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1585
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Introduced by Assembly Members John A. Pérez, Atkins, Dickinson,
Hill, Mitchell, Perea, and Torres
February 2, 2012
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An act to amend Sections 34171, 34173, 34176, 34177, 34179, 34180,
34181, and 34182, 34183, 34187, and 34189 of the Health and Safety
Code, relating to redevelopment, and declaring the urgency thereof, to
take effect immediately.
legislative counsel’s digest
AB 1585, as amended, John A. Pérez.Redevelopment.
Existing law dissolves redevelopment agencies and community
development agencies, as of February 1, 2012, and designates successor
agencies, as defined. Existing law requires successor agencies to wind
down the affairs of the dissolved redevelopment agencies and to, among
other things, repay enforceable obligations, as defined, and to remit
unencumbered balances of redevelopment agency funds, including
housing funds, to the county auditor-controller for distribution to taxing
entities.
Existing law authorizes the city, county, or city and county that
authorized the creation of a redevelopment agency to retain the housing
assets, functions, and powers previously performed by the
redevelopment agency, excluding amounts on deposit in the Low and
Moderate Income Housing Fund.
This bill would modify the scope of the term “enforceable obligation”
and modify provisions relating to the transfer of housing funds and
responsibilities associated with dissolved redevelopment agencies. The
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bill would provide that any amounts on deposit in the Low and Moderate
Income Housing Fund of a dissolved redevelopment agency be
transferred to specified entities. The bill would make conforming
changes.
Existing law provides that, upon a specified date, agreements,
contracts, or arrangements between the city or county, or city and county
that created the redevelopment agency and the redevelopment agency
are invalid. Notwithstanding this provision, an agreement that provided
loans or other startup funds for the agency that was entered into within
2 years of the formation of the agency is valid and binds the successor
agency.
The bill would expand this exception to include an agreement
involving a loan specific to a project area and other specified obligations.
The bill would provide that other loan agreements entered into between
the redevelopment agency and the city, county, or city and county that
created it are deemed to be enforceable obligations, except as specified.
The bill would further expand upon, and clarify, the scope of the
successor agency’s and the oversight board’s responsibilities.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 34171 of the Health and Safety Code is
amended to read:
34171.The following terms shall have the following meanings:
(a) “Administrative budget” means the budget for administrative
costs of the successor agencies as provided in Section 34177.
(b) “Administrative cost allowance” means an amount that,
subject to the approval of the oversight board, is payable from
property tax revenues of up to 5 percent of the property tax
allocated to the former redevelopment agency and successor agency
for the 2011–12 fiscal year and up to 3 percent of the property tax
allocated to the Redevelopment Obligation Retirement Fund money
that is allocated to the successor agency for each fiscal year
thereafter, except as provided by subdivision (l) of Section 34180;
provided, however, that the amount shall not be less than two
hundred fifty thousand dollars ($250,000) for any fiscal year or
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such lesser amount as agreed to by the successor agency. However,
the allowance amount shall exclude any administrative costs that
can be paid from bond proceeds or from sources other than property
tax. Employee costs associated with work on specific project
implementation activities, including, but not limited to, construction
inspection, project management, or actual construction, shall be
considered project-specific costs and are not administrative costs.
(c) “Designated local authority” shall mean a public entity
formed pursuant to subdivision (d) of Section 34173.
(d) (1) “Enforceable obligation” means any of the following:
(A) Bonds, as defined by Section 33602 and bonds issued
pursuant to Section 58383 5850 of the Government Code, including
the required annual debt service, reserve set-asides, and any other
payments required under the indenture or similar documents
governing the issuance of the outstanding bonds of the former
redevelopment agency.
(B) Loans of moneys borrowed by the redevelopment agency
for a lawful purpose, to the extent they are legally required to be
repaid pursuant to a required repayment schedule or other
mandatory loan terms.
(C) Payments required by the federal government, preexisting
obligations to the state or obligations imposed by state law, other
than passthrough payments that are made by the county
auditor-controller pursuant to Section 34183, or legally enforceable
payments required in connection with the agencies’ employees,
including, but not limited to, pension payments, pension obligation
debt service, unemployment payments, or other obligations
conferred through a collective bargaining agreement. Costs incurred
to fulfill collective bargaining agreements for layoffs or
terminations of city employees who performed work directly on
behalf of the former redevelopment agency shall be considered
enforceable obligations payable from property tax funds.The
obligations to employees specified in this subparagraph shall
remain enforceable obligations payable from property tax funds
for any employee to whom those obligations apply if that employee
is transferred to the entity assuming the housing functions of the
former redevelopment agency pursuant to Section 34176. The
successor agency or designated local authority shall enter into an
agreement with the housing entity to reimburse it for any costs of
the employee obligations.
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(D) Judgments or settlements entered by a competent court of
law or binding arbitration decisions against the former
redevelopment agency, other than passthrough payments that are
made by the county auditor-controller pursuant to Section 34183.
Along with the successor agency, the oversight board shall have
the authority and standing to appeal any judgment or to set aside
any settlement or arbitration decision.
(E) Any legally binding and enforceable agreement or contract
that is not otherwise void as violating the debt limit or public
policy. However, nothing in this act shall prohibit either the
successor agency, with the approval or at the direction of the
oversight board, or the oversight board itself from terminating any
existing agreements or contracts and providing any necessary and
required compensation or remediation for such termination.
(F) Contracts or agreements necessary for the administration or
operation of the successor agency, in accordance with this part,
including, but not limited to, agreements to purchase or rent office
space, equipment and supplies, and pay-related expenses pursuant
to Section 33127 and for carrying insurance pursuant to Section
33134.
(G) Amounts borrowed from or payments owing to the Low
and Moderate Income Housing Fund of a redevelopment agency,
which had been deferred as of the effective date of the act adding
this part; provided, however, that the repayment schedule is
approved by the oversight board. Repayments shall be made to the
Low and Moderate Income Housing Fund maintained by the entity
assuming the housing functions formerly performed by the
redevelopment agency, as described in Section 34176.
(2) (A) Except as specifically provided in this part, “enforceable
obligation” does not include any agreements, contracts, or
arrangements between the city, county, or city and county that
created the redevelopment agency and the former redevelopment
agency. However, written agreements entered into (A) (i) at the
time of issuance, but in no event later than December 31, 2010, of
indebtedness obligations, and (B) (ii) solely for the purpose of
securing or repaying those indebtedness obligations may be deemed
enforceable obligations for purposes of this part.
(B) Loan agreements entered into between the redevelopment
agency and the city, county, or city and county that created it,
within two years of the date of creation of the redevelopment
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agency, or within two years of the date of the creation of a project
area if the loan is specific to that project area, and any obligations
imposed by paragraph (1) of subdivision (d) of Section 33691 may
be deemed to be enforceable obligations.
(C) Other loan agreements entered into between the
redevelopment agency and the city, county, or city and county that
created it, may shall be deemed to be enforceable obligations,
subject to if the conditions of subdivision (k) of Section 34180
are met.
(3) Contracts or agreements between the former redevelopment
agency and other public agencies, to perform services or provide
funding for governmental or private services or capital projects
outside of redevelopment project areas that do not provide benefit
to the redevelopment project and thus were not properly authorized
under Part 1 (commencing with Section 33000) shall be deemed
void on the effective date of this part; provided, however, that such
contracts or agreements for the provision of housing properly
authorized under Part 1 (commencing with Section 33000) shall
not be deemed void.
(e) “Indebtedness obligations” means bonds, notes, certificates
of participation, or other evidence of indebtedness, issued or
delivered by the redevelopment agency, or by a joint exercise of
powers authority created by the redevelopment agency, to
third-party investors or bondholders to finance or refinance
redevelopment projects undertaken by the redevelopment agency
in compliance with the Community Redevelopment Law (Part 1
(commencing with Section 33000)).
(f) “Oversight board” shall mean each entity established pursuant
to Section 34179.
(g) “Recognized obligation” means an obligation listed in the
Recognized Obligation Payment Schedule.
(h) “Recognized Obligation Payment Schedule” means the
document setting forth the minimum payment amounts and due
dates of payments required by enforceable obligations for each
six-month fiscal period or annual period as provided in subdivision
(m) (l) of Section 34177.
(i) “School entity” means any entity defined as such in
subdivision (f) of Section 95 of the Revenue and Taxation Code.
(j) “Successor agency” means the county, city, or city and county
that authorized the creation of each redevelopment agency acting
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in its separate capacity as a successor agency or another entity as
provided in Section 34173.
(k) “Taxing entities” means cities, counties, a city and county,
special districts, and school entities, as defined in subdivision (f)
of Section 95 of the Revenue and Taxation Code, that receive
passthrough payments and distributions of property taxes pursuant
to the provisions of this part.
SEC. 2.Section 34173 of the Health and Safety Code is
amended to read:
34173.(a) Successor agencies, as defined in this part, are
hereby designated as successor entities to the former redevelopment
agencies.A successor agency shall constitute a legally distinct
and separate body that acts, by resolution, on its own behalf and
shall have all the powers and duties set forth herein, the power to
sue and be sued, and such additional powers as may be conferred
upon it.
(b) Except for those provisions of the Community
Redevelopment Law that are repealed, restricted, or revised
pursuant to the act adding this part, all authority, rights, powers,
duties, and obligations previously vested with the former
redevelopment agencies, under the Community Redevelopment
Law, are hereby vested in the successor agencies.
(c) (1) Where the redevelopment agency was in the form of a
joint powers authority, and where the joint powers agreement
governing the formation of the joint powers authority addresses
the allocation of assets and liabilities upon dissolution of the joint
powers authority, then each of the entities that created the former
redevelopment agency may be a successor agency within the
meaning of this part and each shall have a share of assets and
liabilities based on the provisions of the joint powers agreement.
(2) Where the redevelopment agency was in the form of a joint
powers authority, and where the joint powers agreement governing
the formation of the joint powers authority does not address the
allocation of assets and liabilities upon dissolution of the joint
powers authority, then each of the entities that created the former
redevelopment agency may be a successor agency within the
meaning of this part, a proportionate share of the assets and
liabilities shall be based on the assessed value in the project areas
within each entity’s jurisdiction, as determined by the county
assessor, in its jurisdiction as compared to the assessed value of
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land within the boundaries of the project areas of the former
redevelopment agency.
(d) (1) A city, county, city and county, or the entities forming
the joint powers authority that authorized the creation of each
redevelopment agency may elect not to serve as a successor agency
under this part. A city, county, city and county, or any member of
a joint powers authority that elects not to serve as a successor
agency under this part must file a copy of a duly authorized
resolution of its governing board to that effect with the county
auditor-controller no later than January 13, 2012.
(2) The determination of the first local agency that elects to
become the successor agency shall be made by the county
auditor-controller based on the earliest receipt by the county
auditor-controller of a copy of a duly adopted resolution of the
local agency’s governing board authorizing such an election. As
used in this section, “local agency” means any city, county, city
and county, or special district in the county of the former
redevelopment agency.
(3) If no local agency elects to serve as a successor agency for
a dissolved redevelopment agency, a public body, referred to herein
as a “designated local authority” shall be immediately formed,
pursuant to this part, in the county and shall be vested with all the
powers and duties of a successor agency as described in this part.
The Governor shall appoint three residents of the county to serve
as the governing board of the authority. The designated local
authority shall serve as successor agency until a local agency elects
to become the successor agency in accordance with this section.
(4) A city, county, or city and county, or the entities forming the
joint powers authority that authorized the creation of a
redevelopment agency and that elected not to serve as the successor
agency under this part, may subsequently reverse this decision
and agree to serve as the successor agency pursuant to this section.
(e) The liability of any successor agency, acting pursuant to the
powers granted under the act adding this part, shall be limited to
the extent of the total sum of property tax revenues it receives
pursuant to this part and the value of assets transferred to it as a
successor agency for a dissolved redevelopment agency.
SEC. 2.
SEC. 3.Section 34176 of the Health and Safety Code is
amended to read:
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34176.(a) The city, county, or city and county that authorized
the creation of a redevelopment agency may elect to retain the
housing assets and functions previously performed by the
redevelopment agency. If a city, county, or city and county elects
to retain the responsibility for performing housing functions
previously performed by a redevelopment agency, all rights,
powers, duties, and obligations associated with the housing
activities of the agency, including any amounts on deposit in the
Low and Moderate Income Housing Fund, shall be transferred to
the city, county, or city and county. Any funds transferred to the
city, county, or city and county pursuant to this subdivision shall
be maintained in a separate Low and Moderate Income Housing
Fund and expended pursuant to the provisions of the Community
Redevelopment Law relating to the Low and Moderate Income
Housing Fund.
(b) If a city, county, or city and county does not elect to retain
the responsibility for performing housing functions previously
performed by a redevelopment agency, all rights, powers, assets,
liabilities, duties, and obligations associated with the housing
activities of the agency, including any amounts in the Low and
Moderate Income Housing Fund, shall be transferred as follows:
(1) Where there is one local housing authority in the territorial
jurisdiction of the former redevelopment agency, to that local
housing authority.
(2) Where there is more than one local housing authority in the
territorial jurisdiction of the former redevelopment agency, to the
local housing authority selected by the city, county, or city and
county that authorized the creation of the redevelopment agency.
(3) Where there is no local housing authority in the territorial
jurisdiction of the former redevelopment agency or where the local
housing authority selected does not accept the responsibility for
performing housing functions previously performed by the former
redevelopment agency, to the Department of Housing and
Community Development. Funds shall be deposited into the State
Low and Moderate Income Housing Trust Fund and awarded on
a competitive basis to projects within the counties in which the
funds were collected. Priority shall be given to eligible projects
for extremely low, very low, and low-income projects.
(c) Commencing on the operative date of this part, the entity
assuming the housing functions formerly performed by the
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redevelopment agency shall enforce affordability covenants and
perform related activities pursuant to applicable provisions of the
Community Redevelopment Law (Part 1 (commencing with
Section 33000), including, but not limited to, Section 33418.
(d) If the city, county, or city and county, or other public entity
that performs housing functions pursuant to this section has not
expended or encumbered at least 80 percent of the moneys in the
Low and Moderate Income Housing Fund within three four years
of the date of receipt of those moneys by the entity assuming
housing responsibilities pursuant to this part, then the excess
amount, minus the amount necessarily reserved for the ongoing
monitoring and maintenance of affordable housing projects, shall
be allocated to the auditor-controller for housing purposes pursuant
to existing law transferred to the State Low and Moderate Income
Housing Trust Fund, which is hereby created, for expenditure by
the Department of Housing and Community Development for the
purpose of increasing the supply of low- and moderate-income
housing in the county with priority given to extremely low, very
low, and low-income projects. Excess funds shall not be transferred
to the department if the succeeding housing entity applies for, and
receives, a waiver from the department. If a waiver is granted,
funds shall remain with the entity for an additional two years from
the date of waiver approval. A succeeding housing entity may
reapply at the end of the two-year period for a renewal of the
previously granted waiver.
SEC. 3.
SEC. 4.Section 34177 of the Health and Safety Code is
amended to read:
34177.Successor agencies are required to do all of the
following:
(a) Continue to make payments due for enforceable obligations.
(1) On and after February 1, 2012, and until a Recognized
Obligation Payment Schedule becomes operative, only payments
required pursuant to an enforceable obligations payment schedule
shall be made. The initial enforceable obligation payment schedule
shall be the last schedule adopted by the redevelopment agency
under Section 34169. However, payments associated with
obligations excluded from the definition of enforceable obligations
by paragraph (2) of subdivision (e) of Section 34171 shall be
excluded from the enforceable obligations payment schedule and
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be removed from the last schedule adopted by the redevelopment
agency under Section 34169 prior to the successor agency adopting
it as its enforceable obligations payment schedule pursuant to this
subdivision. The enforceable obligation payment schedule may
be amended by the successor agency at any public meeting and
shall be subject to the approval of the oversight board as soon as
the board has sufficient members to form a quorum.
(2) The Department of Finance and the Controller shall each
have the authority to require any documents associated with the
enforceable obligations to be provided to them in a manner of their
choosing. Any taxing entity, the department, and the Controller
shall each have standing to file a judicial action to prevent a
violation under this part and to obtain injunctive or other
appropriate relief.
(3) Commencing on May 1, 2012, the date the Recognized
Obligation Payment Schedule is valid pursuant to subdivision (l),
only those payments listed in the Recognized Obligation Payment
Schedule may be made by the successor agency from the funds
specified in the Recognized Obligation Payment Schedule. In
addition, commencing May 1, 2012, on the date the Recognized
Obligation Payment Schedule is valid pursuant to subdivision (l),
the Recognized Obligation Payment Schedule shall supersede the
Statement of Indebtedness, which shall no longer be prepared nor
have any effect under the Community Redevelopment Law.
(4) Nothing in the act adding this part is to be construed as
preventing a successor agency, with the prior approval of the
oversight board, as described in Section 34179, from making
payments for enforceable obligations from sources other than those
listed in the Recognized Obligation Payment Schedule.
(5) From February 1, 2012, to July 1, 2012, a successor agency
shall have no authority and is hereby prohibited from accelerating
payment or making any lump-sum payments that are intended to
prepay loans unless such accelerated repayments were required
prior to the effective date of this part.
(b) Maintain reserves in the amount required by indentures,
trust indentures, or similar documents governing the issuance of
outstanding redevelopment agency bonds.
(c) Perform obligations required pursuant to any enforceable
obligation.
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(d) Remit unencumbered balances of redevelopment agency
funds to the county auditor-controller for distribution to the taxing
entities. In making the distribution, the county auditor-controller
shall utilize the same methodology for allocation and distribution
of property tax revenues provided in Section 34188.
(e) Dispose of assets and properties of the former redevelopment
agency as directed by the oversight board; provided, however, that
the oversight board may instead direct the successor agency to
transfer ownership of certain assets pursuant to subdivision (a) of
Section 34181. The disposal is to be done expeditiously and in a
manner aimed at maximizing value in an expeditious but orderly
manner that preserves the value of the asset. Proceeds from asset
sales and related funds that are no longer needed for approved
development projects or to otherwise wind down the affairs of the
agency, each as determined by the oversight board, shall be
transferred to the county auditor-controller for distribution as
property tax proceeds under Section 34188.
(f) Enforce all former redevelopment agency rights for the
benefit of the taxing entities, including, but not limited to,
continuing to collect loans, rents, and other revenues that were due
to the redevelopment agency.
(g) Effectuate transfer of housing functions and assets to the
appropriate entity designated pursuant to Section 34176.
(h) Expeditiously wind down the affairs of the redevelopment
agency pursuant to the provisions of this part and in accordance
with the direction of the oversight board.
(i) Continue to oversee development of properties until the
contracted work has been completed or the contractual obligations
of the former redevelopment agency can be transferred to other
parties. Bond proceeds shall be used for the purposes for which
bonds were sold unless the purposes can no longer be achieved,
in which case, the proceeds may be used to defease the bonds.
(j) Prepare a proposed administrative budget and submit it to
the oversight board for its approval. The proposed administrative
budget shall include all of the following:
(1) Estimated amounts for successor agency administrative costs
for the upcoming six-month fiscal period.
(2) Proposed sources of payment for the costs identified in
paragraph (1).
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(3) Proposals for arrangements for administrative and operations
services provided by a city, county, city and county, or other entity.
(k) Provide administrative cost estimates, from its approved
administrative budget that are to be paid from property tax revenues
deposited in the Redevelopment Property Tax Trust Fund, to the
county auditor-controller for each six-month fiscal period.
(l) (1) Before each six-month fiscal period, prepare a
Recognized Obligation Payment Schedule in accordance with the
requirements of this paragraph. For each recognized obligation,
the Recognized Obligation Payment Schedule shall identify one
or more of the following sources of payment:
(A) Low and Moderate Income Housing Fund.
(B) Bond proceeds.
(C) Reserve balances.
(D) Administrative cost allowance.
(E) The Redevelopment Property Tax Trust Fund, but only to
the extent no other funding source is available or when payment
from property tax revenues is required by an enforceable obligation
or by the provisions of this part.
(F) Other revenue sources, including rents, concessions, asset
sale proceeds, interest earnings, and any other revenues derived
from the former redevelopment agency, as approved by the
oversight board in accordance with this part.
(2) A Recognized Obligation Payment Schedule shall not be
deemed valid unless all of the following conditions have been met:
(A) A draft Recognized Obligation Payment Schedule is
prepared by the successor agency for the enforceable obligations
of the former redevelopment agency by March 1, 2012. From
February January 1, 2012, to July 1, 2012 June 30, 2012, inclusive,
the initial draft of that schedule shall project the dates and amounts
of scheduled payments for each enforceable obligation for the
remainder of the time period during which the redevelopment
agency would have been authorized to obligate property tax
increment had such a redevelopment agency not been dissolved,
and shall be reviewed and certified, as to its accuracy, by an
external auditor designated pursuant to Section 34182.
(B) The certified Recognized Obligation Payment Schedule is
submitted to and duly approved by the oversight board.
(C) A copy of the approved Recognized Obligation Payment
Schedule is submitted to the county auditor-controller and both
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the Controller’s office and the Department of Finance and be posted
on the successor agency’s Internet Web site.
(3) The Recognized Obligation Payment Schedule shall be
forward looking to the next six months. The first Recognized
Obligation Payment Schedule shall be submitted to the Controller’s
office and the Department of Finance by April 15, 2012, for the
period of May January 1, 2012, to June 30, 2012, inclusive.
However, the first Recognized Obligation Payment Schedule
submitted for the year may, if necessary, include the total amount
of payments required for an enforceable obligation for the next
two six-month periods and, in the case of debt obligations, may
include, if necessary, the amount of the annual debt service, reserve
set-asides, and any other amounts required under indenture or
similar documents. Former redevelopment agency enforceable
obligation payments due, and reasonable or necessary
administrative costs due or incurred, prior to January 1, 2012, shall
be made from property tax revenues received in the spring of 2011
property tax distribution, and from other revenues and balances
transferred to the successor agency.
SEC. 4.
SEC. 5.Section 34179 of the Health and Safety Code is
amended to read:
34179.(a) Each successor agency shall have an oversight
board composed of seven members. The members shall elect one
of their members as the chairperson and shall report the name of
the chairperson and other members to the Department of Finance
on or before May 1, 2012. Members shall be selected as follows:
(1) One member appointed by the county board of supervisors.
(2) One member appointed by the mayor for the city that formed
the redevelopment agency.
(3) One member appointed by the largest special district, by
having the largest property tax share, with territory in the territorial
jurisdiction within the redevelopment project areas of the former
redevelopment agency, which is of the type of special district that
is eligible to receive property tax revenues pursuant to Section
34188.
(4) One member appointed by the county superintendent of
education to represent schools if the superintendent is elected. If
the county superintendent of education is appointed, then the
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appointment made pursuant to this paragraph shall be made by the
county board of education.
(5) One member appointed by the Chancellor of the California
Community Colleges to represent community college districts in
the county.
(6) One member of the public appointed by the county board
of supervisors.
(7) One member representing the employees of the former
redevelopment agency appointed by the mayor or chair of the
board of supervisors, as the case may be, from the recognized
employee organization representing the largest number of former
redevelopment agency employees employed by the successor
agency at that time. In the case where city or county employees
performed administrative duties of the former redevelopment
agency, the appointment shall be made from the recognized
employee organization representing those employees. If a
recognized employee organization does not exist for either the
employees of the former redevelopment agency or the city or county
employees performing administrative duties of the former
redevelopment agency, the appointment shall be made from among
the employees of the successor agency. In voting to approve a
contract as an enforceable obligation, a member appointed pursuant
to this paragraph shall not be deemed to be interested in the contract
by virtue of being an employee of the successor agency or
community for purposes of Section 1090 of the Government Code.
(8) If the county or a joint powers agency formed the
redevelopment agency, then the largest city by acreage in the
territorial jurisdiction of the former redevelopment agency may
select one member. If there are no cities with territory in a project
area of the redevelopment agency, the county superintendent of
education may appoint an additional member to represent the
public.
(9) If there are no special districts of the type that are eligible
to receive property tax pursuant to Section 34188, within the
territorial jurisdiction of the former redevelopment agency, then
the county may appoint one member to represent the public.
(10) Where a redevelopment agency was formed by an entity
that is both a charter city and a county, the oversight board shall
be composed of seven members selected as follows: three members
appointed by the mayor of the city, where such appointment is
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subject to confirmation by the county board of supervisors, one
member appointed by the largest special district, by property tax
share, with territory in the territorial jurisdiction of the former
redevelopment agency, which is the type of special district that is
eligible to receive property tax revenues pursuant to Section 34188,
one member appointed by the county superintendent of education
to represent schools, one member appointed by the Chancellor of
the California Community Colleges to represent community college
districts, and one member representing employees of the former
redevelopment agency appointed by the mayor of the city where
such an appointment is subject to confirmation by the county board
of supervisors, to represent the largest number of former
redevelopment agency employees employed by the successor
agency at that time.
(b) The Governor may appoint individuals to fill any oversight
board member position described in subdivision (a) that has not
been filled by May 15, 2012, or any member position that remains
vacant for more than 60 days.
(c) The oversight board may direct the staff of the successor
agency to perform work in furtherance of the oversight board’s
duties and responsibilities under this part. The successor agency
shall pay for all of the costs of meetings of the oversight board
and may include such costs in its administrative budget. Oversight
board members shall serve without compensation or reimbursement
for expenses.
(d) Oversight board members shall have personal immunity
from suit for their actions taken within the scope of their
responsibilities as oversight board members.
(e) A majority of the total membership of the oversight board
shall constitute a quorum for the transaction of business. A majority
vote of the total membership of the oversight board is required for
the oversight board to take action. The oversight board shall be
deemed to be a local entity for purposes of the Ralph M. Brown
Act, the California Public Records Act, and the Political Reform
Act of 1974.All actions taken by the oversight board shall be
adopted by resolution.
(f) All notices required by law for proposed oversight board
actions shall also be posted on the successor agency’s Internet
Web site or the oversight board’s Internet Web site.
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(g) Each member of an oversight board shall serve at the
pleasure of the entity that appointed such member.
(h) The Department of Finance may review an oversight board
action taken pursuant to this part. As such, all oversight board
actions shall not be effective for three business days, pending a
request for review by the department. Each oversight board shall
designate an official to whom the department may make such
requests and who shall provide the department with the telephone
number and e-mail contact information for the purpose of
communicating with the department pursuant to this subdivision.
In the event that the department requests a review of a given
oversight board action, it shall have 10 days from the date of its
request to approve the oversight board action or return it to the
oversight board for reconsideration and such oversight board action
shall not be effective until approved by the department. In the
event that the department returns the oversight board action to the
oversight board for reconsideration, the oversight board shall
resubmit the modified action for department approval and the
modified oversight board action shall not become effective until
approved by the department.
(i) Oversight boards shall have fiduciary responsibilities to
holders of enforceable obligations and the taxing entities that
benefit from distributions of property tax and other revenues
pursuant to Section 34188. Further, the provisions of Division 4
(commencing with Section 1000) of the Government Code shall
apply to oversight boards. Notwithstanding Section 1099 of the
Government Code, or any other law, any individual may
simultaneously be appointed to up to five oversight boards and
may hold an office in a city, county, city and county, special
district, school district, or community college district.
(j) Commencing on and after July 1, 2016, in each county where
more than one oversight board was created by operation of the act
adding this part, there shall be only one oversight board appointed
as follows:
(1) One member may be appointed by the county board of
supervisors.
(2) One member may be appointed by the city selection
committee established pursuant to Section 50270 of the
Government Code. In a city and county, the mayor may appoint
one member.
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(3) One member may be appointed by the independent special
district selection committee established pursuant to Section 56332
of the Government Code, for the types of special districts that are
eligible to receive property tax revenues pursuant to Section 34188.
(4) One member may be appointed by the county superintendent
of education to represent schools if the superintendent is elected.
If the county superintendent of education is appointed, then the
appointment made pursuant to this paragraph shall be made by the
county board of education.
(5) One member may be appointed by the Chancellor of the
California Community Colleges to represent community college
districts in the county.
(6) One member of the public may be appointed by the county
board of supervisors.
(7) One member may be appointed by the recognized employee
organization representing the largest number of successor agency
employees in the county.
(k) The Governor may appoint individuals to fill any oversight
board member position described in subdivision (j) that has not
been filled by July 15, 2016, or any member position that remains
vacant for more than 60 days.
(l) Commencing on and after July 1, 2016, in each county where
only one oversight board was created by operation of the act adding
this part, then there will be no change to the composition of that
oversight board as a result of the operation of subdivision (b).
(m) Any oversight board for a given successor agency shall
cease to exist when all of the indebtedness of the dissolved
redevelopment agency has been repaid.
SEC. 5.
SEC. 6.Section 34180 of the Health and Safety Code is
amended to read:
34180.All of the following successor agency actions shall first
be approved by the oversight board:
(a) The establishment of new repayment terms for outstanding
loans where the terms have not been specified prior to the date of
this part.
(b) Refunding of outstanding bonds or other debt of the former
redevelopment agency by successor agencies in order to provide
for savings or to finance debt service spikes; provided, however,
that no additional debt is created and debt service is not accelerated.
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(c) Entering into a financing arrangement agreement, including,
the issuance of bonds, to fund required payments under an
enforceable obligation that exceed the amount of property tax
revenue available to the successor agency during the payment
period. This subdivision shall not be deemed to authorize a
successor agency to create an additional enforceable obligation,
as defined by this part, other than for necessary financing costs.
(d) Setting aside of amounts in reserves as required by
indentures, trust indentures, or similar documents governing the
issuance of outstanding redevelopment agency bonds.
(e) Merging of project areas.
(f) Continuing the acceptance of federal or state grants, or other
forms of financial assistance from either public or private sources,
where assistance is conditioned upon the provision of matching
funds, by the successor entity as successor to the former
redevelopment agency, in an amount greater than 5 percent of the
total grant amount.
(g) (1) If a city, county, or city and county wishes to retain any
properties or other assets for future redevelopment activities,
funded from its own funds and under its own auspices, it must
reach a compensation agreement with the other taxing entities to
provide payments to them in proportion to their shares of the base
property tax, as determined pursuant to Section 34188, for the
value of the property retained.
(2) If no other agreement is reached on valuation of the retained
assets, the value will be the fair market value as of the 2011
property tax lien date as determined by the county assessor.
(h) Establishment of the Recognized Obligation Payment
Schedule.
(i) A request by the successor agency to enter into an agreement
with the city, county, or city and county that formed the
redevelopment agency that it is succeeding.
(j) A request by a successor agency or taxing entity to pledge,
or to enter into an agreement for the pledge of, property tax
revenues pursuant to subdivision (b) of Section 34178.
(k) The establishment of a A loan between a city, county, or city
and county and a redevelopment agency as an enforceable
obligation pursuant to subparagraph (C) of paragraph (2) of
subdivision (d) of Section 34171, provided that the oversight board
makes a finding that the loan was for legitimate redevelopment
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purposes, had economic substance, and was based on reasonable
repayment terms and conditions its approval on the loan being
repaid to the city, county, or city and county in accordance with
a defined schedule over a reasonable term of years at an interest
rate not to exceed the interest rate earned by funds deposited into
the Local Agency Investment Fund.
(l) The approval of temporary increases in the administrative
cost allowance to carry out the requirements of an enforceable
obligation, to cover litigation costs, or to maintain and preserve
the value of assets while in the possession of the successor agency.
SEC. 6.
SEC. 7.Section 34181 of the Health and Safety Code is
amended to read:
34181.The oversight board shall direct the successor agency
to do all of the following:
(a) Compile a complete inventory of existing real property assets
of the former redevelopment agency, by project area. The inventory
shall include general categories of real property assets, the purpose
for which they were originally acquired, the original purchase price
of each asset and the estimated current market value. Prior to the
disposal of any nonfinancial real property asset, the oversight board
shall receive and review the inventory compiled by the successor
agency, and adopt a policy or strategy for the disposal or transfer
of such assets consistent with the requirements of subdivision (b).
(b) Dispose of all assets and properties of the former
redevelopment agency that were funded by tax increment revenues
of the dissolved redevelopment agency; provided, however, that
the oversight board may instead direct the successor agency to
transfer ownership of those assets that were constructed and used
for a governmental purpose, such as roads, school buildings, parks,
and fire stations, or are integral to the operation of a governmental
purpose asset, such as a parking facility, to the appropriate public
jurisdiction pursuant to any existing agreements, if any, relating
to the construction or use of such an asset. Any compensation to
be provided to the successor agency for the transfer of the asset
shall be governed by agreements, if any, relating to the construction
or use of that asset. Disposal shall be done in an expeditious but
orderly manner that preserves the value of the asset.
(c) Cease performance in connection with and terminate all
existing agreements that do not qualify as enforceable obligations.
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(d) Transfer housing responsibilities and all rights, powers,
duties, and obligations, including any amounts on deposit in the
Low and Moderate Income Housing Fund to the appropriate entity
pursuant to Section 34176.
(e) Terminate any agreement, between the dissolved
redevelopment agency and any public entity located in the same
county, obligating the redevelopment agency to provide funding
for any debt service obligations of the public entity or for the
construction, or operation of facilities owned or operated by such
public entity, in any instance where the oversight board has found
that early termination would be in the best interests of the taxing
entities.
(f) Determine whether any contracts, agreements, or other
arrangements between the dissolved redevelopment agency and
any private parties should be terminated or renegotiated to reduce
liabilities and increase net revenues to the taxing entities, and
present proposed termination or amendment agreements to the
oversight board for its approval. The board may approve any
amendments to or early termination of such agreements where it
finds that amendments or early termination would be in the best
interests of the taxing entities.
SEC. 8.Section 34182 of the Health and Safety Code is
amended to read:
34182.(a) (1) The county auditor-controller shall conduct or
cause to be conducted an agreed-upon procedures audit of each
redevelopment agency in the county that is subject to this part, to
be completed by July 1, 2012.
(2) The purpose of the audits shall be to establish each
redevelopment agency’s assets and liabilities, to document and
determine each redevelopment agency’s passthrough payment
obligations to other taxing agencies, and to document and
determine both the amount and the terms of any indebtedness
incurred by the redevelopment agency and certify the initial
Recognized Obligation Payment Schedule.
(3) The county auditor-controller may charge the Redevelopment
Property Tax Trust Fund for any costs incurred by the county
auditor-controller pursuant to this part.
(b) By July 15, 2012, the county auditor-controller shall provide
the Controller’s office a copy of all audits performed pursuant to
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this section. The county auditor-controller shall maintain a copy
of all documentation and working papers for use by the Controller.
(c) (1) The county auditor-controller shall determine the amount
of property taxes that would have been allocated to each
redevelopment agency in the county had the redevelopment agency
not been dissolved pursuant to the operation of the act adding this
part. These amounts are deemed property tax revenues within the
meaning of subdivision (a) of Section 1 of Article XIII A of the
California Constitution and are available for allocation and
distribution in accordance with the provisions of the act adding
this part. The county auditor-controller shall calculate the property
tax revenues using current assessed values on the last equalized
roll on August 20, pursuant to Section 2052 of the Revenue and
Taxation Code, and pursuant to statutory formulas or contractual
agreements with other taxing agencies, as of the effective date of
this section, and shall deposit that amount along with unitary and
supplemental tax increment due to the former redevelopment
agency in the Redevelopment Property Tax Trust Fund.
(2) Each county auditor-controller shall administer the
Redevelopment Property Tax Trust Fund for the benefit of the
holders of former redevelopment agency enforceable obligations
and the taxing entities that receive passthrough payments and
distributions of property taxes pursuant to this part.
(3) In connection with the allocation and distribution by the
county auditor-controller of property tax revenues deposited in the
Redevelopment Property Tax Trust Fund, in compliance with this
part, the county auditor-controller shall prepare estimates of
amounts to be allocated and distributed, and provide those estimates
to both the entities receiving the distributions and the Department
of Finance, no later than November 1 and May 1 of each year.
(4) Each county auditor-controller shall disburse proceeds of
asset sales or reserve balances, which have been received from the
successor entities pursuant to Sections 34177 and 34187, to the
taxing entities. In making such a distribution, the county
auditor-controller shall utilize the same methodology for allocation
and distribution of property tax revenues provided in Section
34188.
(d) By October 1, 2012, the county auditor-controller shall report
the following information to the Controller’s office and the Director
of Finance:
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(1) The sums of property tax revenues remitted to the
Redevelopment Property Tax Trust Fund related to each former
redevelopment agency.
(2) The sums of property tax revenues remitted to each agency
under paragraph (1) of subdivision (a) of Section 34183.
(3) The sums of property tax revenues remitted to each successor
agency pursuant to paragraph (2) of subdivision (a) of Section
34183.
(4) The sums of property tax revenues paid to each successor
agency pursuant to paragraph (3) of subdivision (a) of Section
34183.
(5) The sums paid to each city, county, and special district, and
the total amount allocated for schools pursuant to paragraph (4)
of subdivision (a) of Section 34183.
(6) Any amounts deducted from other distributions pursuant to
subdivision (b) of Section 34183.
(e) A county auditor-controller may charge the Redevelopment
Property Tax Trust Fund for the costs of administering the
provisions of this part.
(f) The Controller may audit and review any county
auditor-controller action taken pursuant to the act adding this part.
As such, all county auditor-controller actions shall not be effective
for three business days, pending a request for review by the
Controller. In the event that the Controller requests a review of a
given county auditor-controller action, he or she shall have 10 days
from the date of his or her request to approve the county
auditor-controller’s action or return it to the county
auditor-controller for reconsideration and such county
auditor-controller action shall not be effective until approved by
the Controller. In the event that the Controller returns the county
auditor-controller’s action to the county auditor-controller for
reconsideration, the county auditor-controller must resubmit the
modified action for Controller approval and such modified county
auditor-controller action shall not become effective until approved
by the Controller.
SEC. 7.
SEC. 9.Section 34183 of the Health and Safety Code is
amended to read:
34183.(a) Notwithstanding any other law, from February 1,
2012, to July 1, 2012, and for each fiscal year thereafter, the county
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auditor-controller shall, after deducting administrative costs
allowed under Section 34182 and Section 95.3 of the Revenue and
Taxation Code, allocate moneys in each Redevelopment Property
Tax Trust Fund as follows:
(1) Subject to any prior deductions required by subdivision (b),
first, the county auditor-controller shall remit from the
Redevelopment Property Tax Trust Fund to each local agency and
school entity an amount of property tax revenues in an amount
equal to that which would have been received under Section 33401,
33492.140, 33607, 33607.5, 33607.7, or 33676, as those sections
read on January 1, 2011, or pursuant to any passthrough agreement
between a redevelopment agency and a taxing jurisdiction that
was entered into prior to January 1, 1994, that would be in force
during that fiscal year, had the redevelopment agency existed at
that time. The amount of the payments made pursuant to this
paragraph shall be calculated solely on the basis of passthrough
payment obligations, existing prior to the effective date of this part
and continuing as obligations of successor entities, shall occur no
later than May 16, 2012, and no later than June 1, 2012, and each
January 16 and June 1 thereafter. Notwithstanding subdivision (e)
of Section 33670, that portion of the taxes in excess of the amount
identified in subdivision (a) of Section 33670, which are
attributable to a tax rate levied by a taxing agency for the purpose
of producing revenues in an amount sufficient to make annual
repayments of the principal of, and the interest on, any bonded
indebtedness for the acquisition or improvement of real property
shall be allocated to, and when collected shall be paid into, the
fund of that taxing agency.
(2) (A) Second, on May 16, 2012, and June 1, 2012, and each
January 16 and June 1 thereafter, to each successor agency for
payments listed in its Recognized Obligation Payment Schedule
for the six-month fiscal period beginning May January 1, 2012,
or the six-month fiscal period beginning July 1, 2012, and each
January 16 and June 1 thereafter, in the following order of priority:
(i) Debt service payments scheduled to be made for tax
allocation bonds.
(ii) Payments scheduled to be made on revenue bonds, but only
to the extent the revenues pledged for them are insufficient to make
the payments and only where the agency’s tax increment revenues
were also pledged for the repayment of the bonds.
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(iii) Payments scheduled for other debts and obligations listed
in the Recognized Obligation Payment Schedule that are required
to be paid from former tax increment revenue.
(B) For purposes of allocations made pursuant to this paragraph,
the auditor-controller shall reserve additional funds in the
Redevelopment Property Tax Trust Fund at the time of the January
16 allocation, if necessary, to cover payments made in the second
half of the calendar year, as described in the Recognized Obligation
Payment Schedule, that are in excess of the amounts anticipated
to be deposited in the Redevelopment Property Tax Trust Fund
from the allocation that is received in May or June.
(3) Third, on May 16, 2012, and June 1, 2012, and each January
16 and June 1 thereafter, to each successor agency for the
administrative cost allowance, as defined in Section 34171, for
administrative costs set forth in an approved administrative budget
for those payments required to be paid from former tax increment
revenues.
(4) Fourth, on May 16, 2012, and June 1, 2012, and each January
16 and June 1 thereafter, any moneys remaining in the
Redevelopment Property Tax Trust Fund after the payments and
transfers authorized by paragraphs (1) to (3), inclusive, shall be
distributed to local agencies and school entities in accordance with
Section 34188.
(b) If the successor agency reports, no later than April 1, 2012,
and May 1, 2012, and each December 1 and May 1 thereafter, to
the county auditor-controller that the total amount available to the
successor agency from the Redevelopment Property Tax Trust
Fund allocation to that successor agency’s Redevelopment
Obligation Retirement Fund, from other funds transferred from
each redevelopment agency, and from funds that have or will
become available through asset sales and all redevelopment
operations, are insufficient to fund the payments required by
paragraphs (1) to (3), inclusive, of subdivision (a) in the next
six-month fiscal period, the county auditor-controller shall notify
the Controller and the Department of Finance no later than 10 days
from the date of that notification. The county auditor-controller
shall verify whether the successor agency will have sufficient funds
from which to service debts according to the Recognized
Obligation Payment Schedule and shall report the findings to the
Controller. If the Controller concurs that there are insufficient
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funds to pay required debt service, the amount of the deficiency
shall be deducted first from the amount remaining to be distributed
to taxing entities pursuant to paragraph (4), and if that amount is
exhausted, from amounts available for distribution for
administrative costs in paragraph (3). If an agency, pursuant to the
provisions of Section 33492.15, 33492.72, 33607.5, 33671.5,
33681.15, or 33688, made passthrough payment obligations
subordinate to debt service payments required for enforceable
obligations, funds for servicing bond debt may be deducted from
the amounts for passthrough payments under paragraph (1), as
provided in those sections, but only to the extent that the amounts
remaining to be distributed to taxing entities pursuant to paragraph
(4) and the amounts available for distribution for administrative
costs in paragraph (3) have all been exhausted.
(c) The county treasurer may loan any funds from the county
treasury that are necessary to ensure prompt payments of
redevelopment agency debts.
(d) The Controller may recover the costs of audit and oversight
required under this part from the Redevelopment Property Tax
Trust Fund by presenting an invoice therefor to the county
auditor-controller who shall set aside sufficient funds for and
disburse the claimed amounts prior to making the next distributions
to the taxing jurisdictions pursuant to Section 34188. Subject to
the approval of the Director of Finance, the budget of the Controller
may be augmented to reflect the reimbursement, pursuant to
Section 28.00 of the Budget Act.
SEC. 10.Section 34187 of the Health and Safety Code is
amended to read:
34187.Commencing May 1, 2012, whenever a recognized
obligation that had been identified in the Recognized Payment
Obligation Schedule is paid off or retired, either through early
payment or payment at maturity, the county auditor-controller
shall distribute to the taxing entities, in accordance with the
provisions of the Revenue and Taxation Code, all property tax
revenues that were associated with the payment of the recognized
obligation to the extent not currently required for the payment of
other recognized obligations.
SEC. 11.Section 34189 of the Health and Safety Code is
amended to read:
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34189.(a) Commencing on the effective date of this part, all
provisions of the Community Redevelopment Law that depend on
the allocation of tax increment to redevelopment agencies,
including, but not limited to, Sections 33445, 33640, 33641, 33645,
and subdivision (b) of Section 33670, shall be inoperative, except
as those sections apply to a redevelopment agency operating
pursuant to Part 1.9 (commencing with Section 34192).
(b) The California Law Revision Commission shall draft a
Community Redevelopment Law cleanup bill for consideration
by the Legislature no later than January 1, 2013.
(c)
(b) To the extent that a provision of Part 1 (commencing with
Section 33000), Part 1.5 (commencing with Section 34000), Part
1.6 (commencing with Section 34050), and Part 1.7 (commencing
with Section 34100) conflicts with this part, the provisions of this
part shall control. Further, if a provision of Part 1 (commencing
with Section 33000), Part 1.5 (commencing with Section 34000),
Part 1.6 (commencing with Section 34050), or Part 1.7
(commencing with Section 34100) provides an authority that the
act adding this part is restricting or eliminating, the restriction and
elimination provisions of the act adding this part shall control.
(d)
(c) It is intended that the provisions of this part shall be read in
a manner as to avoid duplication of payments.
SEC. 8.
SEC. 12.This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to effectuate the orderly implementation of
responsibilities associated with dissolved redevelopment agencies,
it is necessary that this act take immediate effect.
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Civic Center, 22795 Barton Road, Grand Terrace, California, 92313-5295
(909) 824-6621 Fax (909) 783-7629 or (909) 783-2600
March 27, 2012
Speaker John A. Perez
California State Assembly
State Capitol, Room 219
Sacramento, CA 95814
Subject: Support for AB 1585 (Perez)
Dear Speaker Perez;
On behalf of the City of Grand Terrace, we are pleased to support your legislation, AB
1585, as amended on March 8, 2012. Grand Terrace sincerely appreciates your effort
to clarify the technical issues of AB X1 26 dissolving redevelopment agencies. The lack
of clarity within AB X1 26 and the varied legal opinions have caused confusion and
unnecessary delays in completing projects as we attempt to wind down the business of
the former Redevelopment Agency.
The changes in AB 1585 provide improved clarity and direction for the bonding
community and local agencies struggling with this massive undertaking with reduced
resources. Moving forward expeditiously to complete projects and to dispose of assets
more responsibly will benefit all entities affected by dissolution by creating higher
revenue. Also, requiring that a full year of bond debt service be listed as an enforceable
obligation would ensure obligations to the bond holders are consistently met,avoiding
any unnecessary risk of litigation.Thank you for your foresight in including this
provision.
We also support reserving affordable housing funds for their intended purpose so that
we may complete projects and meet our obligations to increase the supply of affordable
housing as required by the State Department of Housing and Community Development.
Without the housing funds, we would have difficulty providing affordable housing for our
residents.
The City of Grand Terrace appreciates your team’s hard work on these issues, and we
realize it is an on-going effort to clarify other sections of the legislation. Thank you for
your diligence and concern for the communities so severely impacted by the elimination
of the valuable redevelopment program.
Sincerely yours,
______________________________________________________
Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tem
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Civic Center, 22795 Barton Road, Grand Terrace, California, 92313-5295
(909) 824-6621 Fax (909) 783-7629 or (909) 783-2600
______________________________________________________
Bernardo Sandoval, Council Member Gene Hayes, Council Member
____________________________
Darcy McNaboe, Council Member
cc: Chair and Members Housing and Community Development Committee
Chair and Members, Assembly Local Government
League of California Cities
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AGENDA REPORT
MEETING DATE:March 27, 2012
TITLE:Award Contractor Agreement for Interior and Exterior
Lighting Retrofit at City Hall, City Hall Annex and the Child
Care Facility
PRESENTED BY:Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION:1.Award a Contractor Agreement in the amount of
$26,996.00 to Avram Electric for interior and exterior lighting
retrofit of City Hall, City Hall Annex and the Child Care
Facility.
2.Approve additional exterior lighting retrofits identified
in Table “A” in the amount of $17,750, to be added to the
base bid amount of $9,246.
BACKGROUND:
Through the American Recovery and Reinvestment Act, the California Energy
Commission (CEC) was awarded funds to establish the Energy Efficiency and
Conservation Block Grant (EECBG) program to provide funds to cities and counties
within the State to assist in the implementation of various energy conservation
measures. Staff requested authorization from City Council to submit a grant application
to the CEC at the January 12, 2010 meeting.
On August 3, 2010, the City received the authorized grant in the amount of $69,649.00.
The grant was to be used to fund various lighting and HVAC system retrofits located in
the City Hall Annex, Public Works shop buildings, Child Care Center and Fire Station.
In addition, staff has identified exterior lighting around the Civic Center complex that
may be replaced with Light Emitting Diode (LED) lighting. Staff conducted an energy
survey to identify and quantify the lighting and HVAC systems that could be replaced
under this grant program. As a result, in some lighting locations, up to 40% reductions
in energy consumption may be realized, with corresponding savings to future utility bills.
DISCUSSION:
The City originally issued a Request for Bid for interior and exterior lighting retrofit of the
City Hall, Fire Station, and Child Care Facility in February 2011 with anticipated award
in March 2011. However, due to excessive prices for some of the original lighting
systems contemplated under the grant proposal, as well as the determination that the
Fire Station building was not under the management of the City and that County funding
was secured to replace the HVAC systems on the Child Care Facility, all lighting bids
were subsequently rejected. Staff then approached the CEC about amending the grant
to remove the lighting retrofit of the fire station, and to remove several of the more
expensive challenging lighting retrofits that were originally considered, as well as
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removal of the air conditioning systems for the Child Care Center. Negotiations with the
CEC commenced in August 2011 and a final amendment package was submitted in
November 2011 for consideration by the CEC at their January 12, 2012 meeting. At
that meeting, the CEC approved an amended work plan for the City of Grand Terrace,
reducing the grant funds from $69,640 to $38,086, through the removal of the various
non-feasible components.
In January 2012, the City prepared a revised Request for Bid #GTB 12-02. A
mandatory bidder’s conference was held on February 8, 2012 and bids were received
by the City on March 5, 2012. Five firms submitted bids on the base bid, consisting of
the interior lighting retrofit for the City Hall, City Hall Annex and the Child Care Center.
These base bids are shown below:
BIDDER BASE AMOUNT
Avram Electric, Corona CA $9,246.00
J. Kim Electric Inc., Fullerton CA $9,590.18
Lighting Technology Services, Inc. Santa Ana
CA
$15,643.64
DJD Group, Inc., Riverside CA $27,700.00
Honeywell, La Palma CA $28,410.54
The Bid documents were established to award this project based on the Base Bid for
the interior lighting retrofit. Due to concerns about the available grant budget, staff
established a supplemental bid list in order to allow staff to add individual additional
exterior lighting components without exceeding the available grant budget for lighting
retrofit of $29,486.00. The low bidder, Avram Electric has submitted a base bid of
$9,246.00, which allows up to $20,240 to be selected from the supplemental bid list.
Staff is therefore recommending that the following additional exterior lighting retrofits be
added to the total award:
TABLE “A”
BUILDING EXISTING
COMPONENT
PROPOSED
REPLACEMENT
Est.
Qnty
Unit
Price
Installed
Award
Amount
City Hall Parking Lot
Fixtures -
Shoe Box -
MH150 -
Venture
Replace existing
fixture with LED,
26W, 1436L,
5 $750.00 $3,750.00
City Hall Parking Lot
Fixtures -
Shoe Box -
Replace existing
fixture with LED,
196W,Lumens
5
$2,200.00
$11,000.00
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400-watt MH
Phillips
Max400 M59
14000 or
equivalent.
City Hall
Annex B
70-Watt Metal
Halide 1E17
Bulb Wall
Pack
Replace existing
fixture with LED,
26W, 1436L, or
equivalent.
3 $750.00 $2,250.00
Public
Works
Shop
70-Watt Metal
Halide 1E17
Bulb Wall
Pack
Replace existing
fixture with LED,
26W, 1436L, or
equivalent.
1 $750.00 $750.00
TOTAL:$17,750.00
BASE BID:$9,246.00
SUPPLEMENTAL ITEMS:$17,750.00
TOTAL:$26,996.00
Staff contacted three jurisdictions to check Avram Electric references. The three
jurisdictions were:
City of Canyon Lake
City of Bellflower
City of Calimesa
All three jurisdictions provided positive feedback on the quality of work that Avram
Electric provided.
Staff is also requesting that a 10% Contingency be granted for the lighting retrofit
project in the amount of $2,699.60.
FISCAL IMPACT:
The amount of $69,640 of grant funding has been appropriated to Account No, 10-195-
720 in fiscal year 2011-2012 budget. Budget will be reduced to the amended grant
funding from the State of $38,086.00. The Contract Agreement with Avram Electric is
for $26,996.00.
ATTACHMENTS:
·Contractor Agreement, Avram Electric (PDF)
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APPROVALS:
Richard Shields Skipped 03/21/2012 4:08 PM
Finance Completed 03/21/2012 4:08 PM
City Attorney Completed 03/21/2012 4:08 PM
City Manager Completed 03/21/2012 4:08 PM
City Council Completed 03/28/2012 1:45 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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CONTRACTOR AGREEMENT
Avram Electric
THIS CONTRACTORS AGREEMENT (“Agreement”) is made and entered into this 27th day of March
2012, (“Effective Date”) by and between the CITY OF GRAND TERRACE (“City”), a public entity, and
Avram Electric, ("Contractor"), a California Corporation.
1. Scope of Services. City agrees to retain Contractor and Contractor does hereby retain and
agree to provide the services more particularly described in Exhibit “A”, “Scope of Services”
(“Services”), attached hereto and incorporated herein by reference, in conjunction with Rubberized Play
Surface Repairs at the City of Grand Terrace Child Care Facility. (“Services”).
2. Term. This Agreement shall be effective on the date first written above unless otherwise
provided in Exhibit “A” Scope of Services and the Agreement shall remain in effect until December 31,
2012, unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Contractor shall perform the Services under this Agreement for
the total sum not to exceed TWENTY SIX THOUSAND NINE HUNDRED NINETY SIX DOLLARS;
($26,996) Payment shall be made in accordance with City's usual accounting procedures upon receipt
and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered
to City at the address set forth in Section 4, hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally
served or given by mail. Any notice given by mail shall be deemed given when deposited in the United
States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City To
City of Grand Terrace Avram Electric
22795 Barton Rd. Bldg. B 6954 Cottonwood Circle
Grand Terrace, CA 92313 Corona, CA 92880
5. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the
general prevailing wage rates of per diem wages and overtime and holiday wages determined by the
Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor
Code and implemented the City Council of the City of Grand Terrace. The Director’s determination is on
file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the
wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though
fully set forth herein.
6. Contract Administration. A designee of the City will be appointed to administer this
Agreement on behalf of City and shall be referred to herein as Contract Administrator.
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7. Standard of Performance. While performing the Services, Contractor shall exercise the
reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan
Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill
and expertise.
8. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall
be responsible for their performance and compensation. Contractor recognizes that the qualifications and
experience of the personnel to be used are vital to Contractor and timely completion of the Services. The
key personnel listed in Exhibit “B” attached hereto and incorporated herein by this reference and assigned
to perform portions of the Services shall remain assigned through completion of the Services, unless
otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case
substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation
in or under this Agreement to any other entity without prior written consent of the other party. In any
event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor
under this Agreement, in writing satisfactory to the parties. Contractor shall not subcontract any portion
of the work required by this Agreement without prior written approval by the responsible City’s Contract
Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section
13. Contractor acknowledges that any transfer of rights may require City Manager and/or City Council
approval.
10. Independent Contractor. In the performance of this Agreement, Contractor and his
employees, subcontractors and agents, shall act in an independent capacity as independent contractors,
and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and
agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’
compensation or unemployment insurance to Contractor to Contractors employees, subcontractors and
agents. Contractor as an independent contractor shall be responsible for any and all taxes that apply to
Contractor as an employer.
11. Pers Eligibility Indemnity. In the event that Contractor or any employee, agent, or
subcontractor of Contractor providing services under this Agreement claims or is determined by a court of
competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for
enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and
interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary, Contractor and any of its employees, agents, and subcontractors providing service under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any
compensation, benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for
employer contribution and/or employee contributions for PERS benefits.
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12 Indemnifications.
12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor
shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and
all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out
of or is in any way connected with the performance of work under this Agreement by Contractor or any of
the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees,
subcontractors and agents for compensation for services rendered to in the performance of this
Agreement, notwithstanding that the City may have benefitted from their services. This indemnification
provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or
passive, on the part of Contractor or of Contractor's employees, subcontractors or agents.
12.2 Attorney’s Fees. The parties expressly agree that any payment, attorneys’ fees, costs or
expense that the City incurs or makes to or on behalf of an injured employee under the City’s self-
administered workers' compensation is included as a loss, expense or cost for the purposes of this Section,
and that this Section shall survive the expiration or early termination of the Agreement.
13. Insurance.
13.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall
provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such
insurance policies and coverage’s in the types, limits, forms and ratings required herein. The rating and
required insurance policies and coverage’s may be modified in writing by the City’s Risk Manager or
City Attorney, or a designee, unless such modification is prohibited by law.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or
cap on Contractor’s indemnification obligations under Section 12 hereof.
13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this
Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or
coverage is issued by insurance companies authorized to transact insurance business in the State of
California with a policy holder’s rating of A- or higher and a Financial Class of VII or higher.
13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written
notification of intended cancellation has been given to City by certified or registered mail, postage
prepaid.
13.1.4 Adequacy. The City, its officers, employees and agents make no representation that the
types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate
to protect. If Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage as deems adequate, at Contractor's sole expense.
13.2 Workers’ Compensation Insurance: By executing this Agreement, certifies that
Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California
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requiring every employer to be insured against liability for workers’ compensation, or to undertake self-
insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-
insurance required by California law to protect said Contractor from claims under the Workers’
Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a
certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such
coverage, or (2) a certified statement that Contractor has no employees, and acknowledging that if
Contractor does employ any person, the necessary certificate of insurance will immediately be filed with
City. Any certificate filed with City shall provide that City will be given ten (10) days prior written
notice before modification or cancellation thereof.
13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of
this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement,
commercial general liability insurance and automobile liability insurance as required to insure against
damages for personal injury, including accidental death, as well as from claims for property damage,
which may arise from or which may concern operations by anyone directly or indirectly employed by,
connected with, or acting for or on behalf of Contractor. The City and the City, and its officers,
employees and agents, shall be named as additional insured’s under the Contractor’s insurance policies.
13.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury
(including death) and property damage (including, but not limited to, premises operations liability,
products-completed operations liability, independent ’s liability, personal injury liability, and contractual
liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the
amount of not less than $2,000,000.
13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage
in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000.
All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all
vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall
include, but are not limited to, owned vehicles, leased vehicles, Contractor’s employee vehicles, non-
owned vehicles and hired vehicles.
13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original
certificates and additional insured endorsements evidencing the coverage required by this Agreement, for
both commercial general and automobile liability insurance, shall be filed with City and shall include the
City and its officers, employees and agents, as additional insured’s. Said policies shall be in the usual
form of commercial general and automobile liability insurance policies, but shall include the following
provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents, are
added as additional insures under this policy, solely for work done by and on behalf of
the named insured for the City of Grand Terrace.
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13.4 Subcontractors’ Insurance. Contractor shall require all of its subcontractors to carry
insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the
subcontractors’ scope of work and activities provided in furtherance of this Agreement, including, but
without limitation, the following coverage’s: Workers Compensation, Commercial General Liability,
Errors and Omissions, and Automobile liability. Upon City’s request, Contractor shall provide City with
satisfactory evidence that Subcontractors have obtained insurance policies and coverage’s required by this
section.
14. Business Tax. Contractor understands that the Services performed under this Agreement
constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will
register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and
keep such tax certificate current during the term of this Agreement.
15. Time of Essence. Time is of the essence for each and every provision of this Agreement.
16. City's Right to Employ Other. City reserves the right to employ other in connection with
the Services.
17. Solicitation. Contractor warrants that they have not employed or retained any
person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding
for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For
breach of this warranty, City shall have the right to terminate this Agreement without liability and pay
only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement
price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or
commission fee. The remedies specified in this section shall be in addition to and not in lieu of those
remedies otherwise specified in this Agreement.
18. General Compliance with Laws. Contractor shall keep fully informed of federal, state and
local laws and ordinances and regulations which in any manner affect those employed by Professional, or
in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall
at all times observe and comply with all such laws, ordinances and regulations, and shall be solely
responsible for any failure to comply with all applicable laws, ordinances and regulations.
19. Amendments. This Agreement may be modified or amended only by a written Agreement
and/or change order executed by the Contractor and the City.
20. Termination. City, by notifying Contractor in writing, shall have the right to terminate any
or all of professional’s services and work covered by this Agreement at any time, with or without cause.
In the event of such termination, Contractor may submit s final written statement of the amount of
Contractor's services as of the date of such termination based upon the ratio that the work completed bears
to the total work required to make the report complete, subject to the City’s rights under Sections 16 and
21 hereof. In ascertaining the work actually rendered through the termination date, City shall consider
completed work, work in progress and complete and incomplete reports and other documents only after
delivered to City.
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20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written notice
prior to termination.
20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in
the event:
20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or
20.2.2 City decides to abandon or postpone the Services.
21. Offsets. Contractor acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the
City, City reserves the right to withhold and offset said amounts from payments or refunds or
reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be
given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is
owed to the City, City will hold such disputed amount until either the appropriate appeal process has been
completed or until the dispute has been resolved.
22. Successors and Assigns. This Agreement shall be binding upon City and its successors and
assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by,
Contractor either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall
be governed by and construed in accordance with laws of the State of California. Prior to commencing
suit in a court of competent jurisdiction, any controversy, dispute or claim arising out of the Agreement
shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein. Any
action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or
rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of
San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a
change of venue in such proceedings to any other county. In the event either party hereto shall bring suit
to enforce any term of this Agreement or to recover any damages for and on account of the breach of any
term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall
recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action.
24. Alternative Dispute Resolution. In the event of any controversy, dispute or claim arising
out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and,
recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not
reach settlement within a period of 60 days, the matter shall be submitted to an alternative dispute
resolution process, either nonbinding arbitration or mediation, (“Process”) by written notice from either
party to the other. The parties shall meet and confer in good faith and select a Process and an arbitrator or
a mediator that is agreeable to both sides. The selected Process shall be completed no later that 120 days
(“Process Period”) after tender of the aforementioned written notice, unless the Parties mutually agree to
an extension of the Process Period. If the matter is not successfully resolved by the selected Process,
within the Process Period, the parties are free to commence litigation in a court of competent jurisdiction
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as defined in Section 23 herein. Any litigation commenced without both parties’ consent prior to the end
of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties further
agree to equally bear the cost of the Process.
25. Nondiscrimination. During Contractor’s performance of this Agreement, Contractor shall
not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical
disability, mental disability, medical condition, including the medical condition of Acquired Immune
Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in
the selection and retention of employees and subcontractors and the procurement of materials and
equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor
agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this
Agreement.
26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in
part, of this Agreement shall be considered severable. In the event any provision, term, condition,
covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid,
unconstitutional, or void for any reason, such provision or part thereof shall be severed from this
Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this
Agreement, and the remainder of the Agreement shall continue in full force and effect.
27. Authority: The individuals executing this Agreement and the instruments referenced herein
on behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof and thereof.
28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement
of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has
been induced to enter into this Agreement by, nor is neither party relying on, any representation or
warranty outside those expressly set forth in this Agreement.
29. Interpretation. City and Contractor acknowledge and agree that this Agreement is the
product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that
the ambiguities in a document shall be construed against the drafter of that document, shall have no
application to the interpretation and enforcement of this Agreement.
29.1 Titles and captions are for convenience of reference only and do not define, describe or
limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to
sections in the Agreement unless expressly stated otherwise.
29.2 This Agreement shall be governed by and construed in accordance with the laws of the
State of California in effect at the time of the execution of this Agreement.
29.3 In the event of a conflict between the body of this Agreement and Exhibit “A” (“Scope of
Services”) hereto, the terms contained in Exhibit “A” shall be controlling.
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8
30. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement
by this reference:
Exhibit “A” - Scope of Services and fees
Exhibit “B” - Key Personnel
IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed
the day and year first above written.
THE CITY OF GRAND TERRACE,
A public body
By: _________________________
Betsy M. Adams
City Manager
Attest: ______________________
Tracey Martinez
Interim City Clerk
APPROVED AS TO FORM:
Avram Elecric
By: ____________________
______________________
[Printed Name]
_______________________
[Title]
___________________________
Richard L. Adams II
City Attorney
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EXHIBIT"A"
BID PROPOSAL
GTB-12-02
CITY PROJECT NO. 12.703
LIGHTING RETROFIT OF VARIOUS BUILDINGS AND FACILITIES
BASE BIDS
It is the intent of the City to award this project based on the total amount for the base bid
only.
CITY HALL —INTERIOR LIGHTING
ITEM
NUMB.
EXISTING
COMPONENT
PROPOSED
REPLACEMENT
Est.
Qnty Unit Unit Price
Installed
Total Cost
Installed
CH1
Replace twenty-one
(21) existing F32 T-8
741 lamps in twenty-
one (21) one-lamp
fixtures
F28T8 - 4' - 1 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp,
F32t8/Sp35/Eco or
equal)
21 fixtures /0 2/0
CH2
Replace two hundred
ninety-six(296)
existing F32 T-8 741
lamps in one-
hundred forty-
eight(148) Two-lamp
fixtures
F28T8 - 4' - 2 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp,
F32t8/Sp35/Eco or
ei ual)
148 fixtures 2- (9 4°
C1-13
Replace two hundred
fifty-five (255)
lamps in eighty-five
existing F32 T-8 741
(85) Three-lamp
fixtures
F28T8 - 4' - 3 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp, F32t8/Sp35/Eco or
equal)
F28T8 - U-bend - 2
lamp, Retrofit
existing fixture
w/new lamp (Similar
to GE LIGHTING
Lamps, model
#F32t8/Sp35/U/6 or
equal)
CH 4
85
20
fixtures
fixtures
3 0
3 44
.2 5-so
PC)
Replace twenty {20)
existing F32 T-8 741
U-bend lamps in
ten(10) two lamp
fixtures with F28 T-8
lamps.
TOTAL COST: CITY HALL 6141°
I
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CITY HALL ANNEX B - INTERIOR LIGHTING
ITEM
NUMB.
EXISTING
COMPONENT
PROPOSED
REPLACEMENT
Est.
Qnty Unit Unit Price
Installed
Total Cost
Installed
CHB1
Replace one-hundred
twelve (112) existing
F32 T-8 741 lamps
in twenty-eight (28)
four-lamp fixtures
F28T8 - 4' - 4 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp,
F32t8/Sp35/Eco or
equal)
28 fixtures ////D
TOTAL COST: CITY HALL ANNEX B 1/2 V /
CHILD CARE CENTER - INTERIOR LIGHTING
ITEM
NUMB.
EXISTING
COMPONENT
PROPOSED
REPLACEMENT
Est.
Qnty Unit Unit Price
Installed
Total Cost
Installed
CC1
Replace one-hundred
thirty eight (138)
existing F32 T-8 741
lamps in sixty-nine
(69) Two-lamp
fixtures with F28 T-8
lamps
F28T8 - 4' - 2 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp,
F32t8/Sp35/Eco or
equal)
69 fixtures 20 /r° .
CC2
Replace one (1)
existing F32 T-8 741
lamps in one (1)
One-lamp fixtures
with F28 T-8 lamps
F28T8 - 4' -1 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp,
F32t8/Sp35/Eco or
equal)
1 fixtures /C / 0
CC3
Replace eight (8)
existing F40 T-12
741 U-bend lamps in
four (4) two lamp
fixtures with F28 14
lamps , AND replace
four (4) existing
magnetic ballasts
with Instant Start
Electronic ballasts
compatible with F28
T-8 lamps
F28T8 - U-bend - 2
lamp, electronic
ballast, Retrofit
existing fixture
w/new lamp &
ballasts (Similar to
GE LIGHTING
Lamps, model
#F32t8/Sp35/U/6 &
ballast model # GE
LIGHTING Ballast,
Electr, 18, Instant
Strt, 2L, Normal or
equal)
4 fixtures / 3 (
TOTAL COST: CHILD CARE CENTER
;
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PUBLIC WORKS SHOP — INTERIOR LIGHTING
ITEM
NUMB.
EXISTING
COMPONENT
PROPOSED
REPLACEMENT
Est.
Qnty Unit Unit Price
Installed
Total Cost
Installed
PW1
Replace six(6)
existing F32 T-8 741
lamps in three (3)
two-lamp fixtures
F28T8 - 4' - 4 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp, F32t8/Sp35/Eco or
equal)
F28T8 - 4' - 4 lamp,
Retrofit existing
fixture w/new lamp
(Similar to GE
LIGHTING Lamp,
F32t8/Sp35/Eco or
equal)
3
2
EA
EA
/
6 /2 b
ii_3' b PW2
Replace eight(8)
existing F32 T-8 741
lamps in two (2)
four-lamp fixtures
TOTAL COST: PUBLIC WORKS SHOP .2 0 0
Vendor shall total each table and enter
BASE BID SCHEDULE TOTAL =
he total for all tables in the line below.
g
(IN FIGURES)
BASE BID SCHEDULE TOTAL =
rboosioNg rwo r-tyoy sr5e ottioes
(IN WORDS)
It is the intent of the City to award this project based on the total amount for the base bid
only.
P7
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SUPPLEMENTAL ITEMS
BUILDING EXISTING
COMPONENT
PROPOSED
REPLACEMENT
Est.
Onty
Unit
Installed
AwardAward
Amount
City Hall
Parking Lot
Fixtures -
Shoe Box -
MH150 —
Venture
Replace existing
fixture with LED,
26W, 1436L,
5 $
750.00
$
3,750.00
City Hall
Parking Lot
Fixtures -
Shoe Box -
400-watt MH
Phillips
Max400 M59
Replace existing
fixture with LED,
196W, Lumens
14000 or
equivalent.
$
2,200.00
$
11,000.00
Cit Hall y
Annex B
70- Watt Metal
Halide 1E17
Bulb Wall Pack
Replace existing
fixture with LED,
26W, 1436L, or
equivalent.
3 $
750.00
$
2,250.00
Public
Works
Shop
70- Watt Metal
Halide 1E17
Bulb Wall Pack
Replace existing
fixture with LED,
26W, 1436L, or
equivalent.
1 $
750.00
$
750.00
TOTAL: $17,750.00
BASE BID: $9,246.00
SUPPLEMENTAL ITEMS: $17,750.00
TOTAL: $26,996.00
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EXHIBIT "B"
Key Personnel
George Avram, Contractor for Avram Electric
Razvan Avram, Journeyman Electrician
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AGENDA REPORT
MEETING DATE:March 27, 2012 Successor Agency Item
TITLE:Successor Agency Adoption of the Draft Recognized
Obligation Payment Schedule (ROPS) for Period of July 1,
2012 to December 31, 2012
PRESENTED BY:Bernie Simon, Finance Director
RECOMMENDATION:Adopt Draft Recognized Obligation Payment Schedule
BACKGROUND:
On December 29, 2011, in the CRA v. Matosantos case, the Court upheld ABX1 26 and
invalidated ABX1 27 thereby eliminating redevelopment agencies and the voluntary
option to pay to continue redevelopment. All redevelopment agencies in California have
been dissolved effective February 1, 2012 with assets, properties, and documents
transferred to the successor agencies. On January 10, 2012 the City Council adopted a
resolution to be the Successor Agency to the Grand Terrace Community
Redevelopment Agency (Agency).
On January 30, 2012 the Agency Board adopted the amended Enforceable Obligation
Payment Schedule (EOPS) and adopted the amended Initial Recognized Obligation
Payment Schedule (IROPS) under H & S §34169 for the period January 1, 2012 to June
30, 2012 and remitted those reports to the City. On February 28, 2012, the Successor
Agency adopted the Initial Recognized Obligation Payment Schedule (IROPS) for the
period January 1,2012 to June 30, 2012.
The County Auditor-Controller has now required that the Successor Agency submit a
Draft ROPS covering the period from July 1, 2012 to December 31, 2012 prior to April
15, 2012. Once approved the Successor Agency, the Draft ROPS must be presented to
the Oversight Board for review and approval.
DISCUSSION:
Generally under H & S §34171 an enforceable obligation means:
a)bonds, as defined by applicable code sections
b)Loans
c)Payments required by federal and state governments
d)Judgments and settlements
e)Any legal and binding agreement
f)Contracts necessary for administration or operations of the successor agency
3.H
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g)Amounts borrowed from or owed to the RDA Low Mod Fund
h)Excludes certain loans between agencies creating the redevelopment agency
and within certain periods.
Recognized Obligation Payment Schedule (ROPS) -effective when validated
As required by the County Auditor-Controller, the Successor Agency must approve a
draft ROPS, covering July 1, 2012 to December 31, 2012, and submit the draft to their
offices by April 15, 2012. Staff is drafting the ROPS to mirror the Initial Recognized
Obligation Payment Schedule, adjusting for differences in coverage dates and changes
in the budget. Only the payments listed on the ROPS may be paid by the Successor
Agency. However, the final ROPS must be certified in order to be valid. In order to be a
certified and final, the ROPS must be:
1)audited by an external auditor for accuracy
2)submitted to and approved by the oversight board
3)a copy of the ROPS approved by the oversight board is submitted to the a)
County Auditor Controller, b) California Dept of Finance, c) posted on website of
successor agency.
A new ROPS must be completed every six months, and each ROPS must cover at least
six months into the future.
FISCAL IMPACT:
There are no fiscal impacts by the adoption of the resolutions.
ATTACHMENTS:
·Resolution Adopting ROPS (DOC)
·Attachment 1 -Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to
December 31, 2012 (PDF)
APPROVALS:
Bernie Simon Skipped 03/21/2012 2:23 PM
Finance Completed 03/21/2012 2:23 PM
City Attorney Completed 03/21/2012 2:30 PM
City Manager Completed 03/21/2012 2:31 PM
City Council Completed 03/28/2012 1:45 PM
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RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF GRAND TERRACE AS SUCESSOR
AGENCY TO THE GRAND TERRACE COMMUNITY
REDEVELOPMENT AGENCY ADOPTING A DRAFT RECOGNIZED
OBLIGATIONS PAYMENT SCHEDULE (ROPS)COVERING THE
PERIOD OF JULY 1, 2012 TO DECEMBER 31,2012 AS REQUIRED BY
HEALTH AND SAFETY CODE SECTION 34177.
WHEREAS, the Grand Terrace Community Redevelopment Agency, Grand
Terrace, California (“Agency”) was formed for the purpose of revitalizing areas within
the City of Grand Terrace pursuant to Health and Safety Code Section 33000, et. seq.;
WHEREAS, AB X1 26 required the dissolution of all redevelopment agencies in
the state;
WHEREAS,on January 10, 2012, the City as Successor Agency adopted
Resolution 2012-01 electing to serve as the successor agency to the Grand Terrace
Community Redevelopment Agency pursuant to Health and Safety Code Section
34176; and
WHEREAS,the San Bernardino County Auditor Controller/Treasurer/Tax
Collector (Auditor-Controller) has required a draft of the Recognized Obligation
Payment Schedule, covering the period July 1, 2012 to December 31,2012, to be
submitted prior to April 15, 2012;
WHEREAS, on March 27, 2012, the Recognized Obligations Payment Schedule
(ROPS) for the period July 1, 2012 to December 31,2012 pursuant to Health and
Safety Code Section 34177(l) was considered by the City as Successor Agency; and
NOW THEREFORE, THE CITY OF GRAND TERRACE AS SUCESSOR
AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY
DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The City as Successor Agency finds that the above recitations are
true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. Pursuant to 34177(l),the draft ROPS for the period July 1, 2012
to December 31, 2012 are attached hereto as Attachment 1 is hereby approved,
adopted,and incorporated by reference by the City as Successor Agency pursuant to
Health and Safety Code Section 34177.
SECTION 3. The City Manager is hereby authorized to perform all acts
necessary to be compliant with ABX1 26 and the requirements set forth by the Auditor-
Controller .
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SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED APPROVED AND ADOPTED this 27th day of March,2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Walt Stanckiewitz, Mayor
ATTEST:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
Richard L. Adams II, City Attorney
State of California )
County of San Bernardino )ss.
State of California )
I,Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the
City of Grand Terrace and that the foregoing resolution was duly adopted at a regular
meeting of the City Council and the City Council as the Successor Agency to the
Community Redevelopment Agency of the City of Grand Terrace held on the 27th day of
March, 2012.
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Tracey R. Martinez, City Clerk
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Attachment 1
Recognized Obligations Payment Schedule (ROPS)
July 1, 2012 to December 31, 2012
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RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED
FILED FOR THE JULY 1, 2012 to DECEMBER 31, 2012 PERIOD
Name of Successor Agency CITY OF GRAND TERRACE AS SUCCESSOR AGENCY TO
COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34
Current
Total Outstanding Total Due
Debt or Obligation During Fiscal Year
Outstanding Debt or Obligation 166,813,959.00$ 10,897,288.00$
Total Due for Six Month
Period
Outstanding Debt or Obligation 7,484,989.00$
Available Revenues other than anticipated funding from RPTTF 2,090,213.00$
Enforceable Obligations paid with RPTTF 3,839,776.00$
Administrative Cost paid with RPTTF 250,000.00$
Pass-through Payments paid with RPTTF 1,305,000.00$
250,000.00$
Certification of Oversight Board Chairman:
Pursuant to Section 34177(l) of the Health and Safety code,
I hereby certify that the above is a true and accurate Recognized Name Title
Enforceable Payment Schedule for the above named agency.
Signature Date
Administrative Allowance (greater of 5% of anticipated Funding from RPTTF or 250,000. Note: Calculation should not include pass-through payments made with RPTTF. The RPTTF Administrative Cost
figure above should not exceed this Administrative Cost Allowance
3.
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Attachment: Attachment 1 - Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to December 31, 2012 (1013 : Adoption of IROPS
Name of Redevelopment Agency:COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 FORM A - Redevelopment Property Tax Trust Fund (RPTTF)Project Area(s)RDA Project Area All GRAND TERRACE PROJECT AREA
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULEPer AB 26 - Section 34177 (*)
Project Area
Total Outstanding
Debt or
Obligation
Total Due
During Fiscal
Year
2011-2012**
***
Funding
Source Payable from the Redevelopment Property Tax Trust Fund (RPTTF)
Contract/Agreement Payments by month
Project Name / Debt Obligation Execution Date Payee Description Jul
2012
Aug
2012
Sep
2012
Oct
2012
Nov
2012
Dec
2012 Total
1)2004 Tax Allocation Bonds 2004 US Bank Debt Service on 2004 CRA Tax Alloc Bonds Grand Terrace Proj Area 1,966,188 1,966,188 RPTTF 666,188 - 666,188$
2)2011 A Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Alloc Bonds Grand Terrace Proj Area 28,985,500 1,099,196 RPTTF 680,898 418,298 1,099,196$
3)2011 B Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Alloc Bonds Grand Terrace Proj Area 9,610,296 631,280 RPTTF 429,545 201,735 631,280$
4)Trustee Fees 2004/2011 Indenture US Bank Trustee Services for 2004 & 2011 TABS Grand Terrace Proj Area 266,530 12,115 RPTTF 12,115 12,115$ 5)Zion Loan 2009 Zion First National Bank Private Refunding of CRA Debt Grand Terrace Proj Area 2,421,052 254,848 RPTTF 127,424 127,424 254,848$
6)SERAF Transfer 2010 Housing Fund Repayment of loan for SERAF Grand Terrace Proj Area 448,636 448,636 RPTTF 448,636 448,636$
7)Repayment of Debt Service 9/13/2011 SB Valley Muni Water Repay incorr debt service distrib-SB ATC Grand Terrace Proj Area 2,062,472 232,888 RPTTF 232,888 232,888$
8)Agency Attorney 9/27/2011 Jones and Mayer Successor Agency Legal consulting Grand Terrace Proj Area 60,000 60,000 RPTTF 5,000 5,000 5,000 5,000 5,000 5,000 30,000$
9)Stater Brothers OPA 2/22/2011 Stater Brothers Markets Payment on participation agreement Grand Terrace Proj Area 1,207,500 241,500 RPTTF -$ 10)Residual Receipts 2/24/2009 City of Grand Terrace Affordable housing payment agreement Grand Terrace Proj Area 3,000,000 300,000 RPTTF 300,000 300,000$
11)Consulting Services On-going RSG Annual reporting requirements/administration Grand Terrace Proj Area 25,000 25,000 RPTTF 2,500 2,500 5,000 5,000 10,000 25,000$
12)Consulting Services On-going City News Group Advertising/Noticing Grand Terrace Proj Area 10,000 10,000 RPTTF 2,313 2,313 2,313 2,313 2,313 11,565$
13)Consulting Services Purchase Order Smothers Appraisers Property Appraisals Grand Terrace Proj Area 13,400 13,400 RPTTF 9,000 4,400 13,400$
14)Consulting Services 4/12/2011 ACE Weed Abatement Weed abatement for Agency property Grand Terrace Proj Area 100,000 20,000 RPTTF 10,000 10,000 20,000$ 15)Consulting Services 7/13/2010 Chamber of Commerce Business development services Grand Terrace Proj Area 20,600 10,300 RPTTF 860 860 860 860 860 860 5,160$
16)Consulting Services 2004/2011 Indenture Urban Futures Continuing Disclosure Reporting- bond issues Grand Terrace Proj Area 84,000 7,000 RPTTF - 3,500 3,500$
17)Agency Owned Property Various Various contractors Property Maintenance and Insurance Grand Terrace Proj Area 30,000 6,000 RPTTF 500 500 500 500 500 500 3,000$
18)Annual Audit and Reporting On-going Rogers Anderson Malody Required annual auditing services Grand Terrace Proj Area 70,000 15,000 RPTTF 7,500 7,500$
19)Professional Services On-going contractors Prof Svcs-Agency Disolution-Oversight Grand Terrace Proj Area 200,000 50,000 RPTTF 10,000 10,000 10,000 10,000 10,000 50,000$ 20)Professional Services On-going Special Counsel Oversight Board Legal Consulting Grand Terrace Proj Area 140,000 35,000 RPTTF 2,916 2,916 2,917 2,917 2,917 2,917 17,500$
21)Professional Services 2/23/10 & ongoing HDL Property tax allocation reconciliation Grand Terrace Proj Area 56,000 8,000 RPTTF - - - 2,500 5,500 8,000$
22)-$
23)-$
24)-$ 25)-$
26)-$
27)`-$
28)-$
29)-$ 30)-$
31)-$ 32)
Totals - This Page (RPTTF Funding)50,777,174$ 5,446,351$ N/A 9,276$ 1,947,759$33,090$ 30,090$ 39,090$ 1,780,471$3,839,776$
Totals - Page 2 (Other Funding)21,954,319$ 2,471,862$ N/A 80,000$ 80,000$ 80,000$ 130,000$105,000$1,568,167$2,043,167$
Totals - Page 3 (Administrative Cost Allowance)13,765,000$ 594,075$ N/A 49,508$ 49,508$ 49,508$ 49,508$ 49,508$ 49,506$ 297,046$
Totals - Page 4 (Pass Thru Payments)80,317,466$ 2,385,000$ N/A -$ -$ -$ -$ -$ 1,305,000$1,305,000$
Grand total - All Pages 166,813,959$ 10,897,288$ N/A 138,784$2,077,267$162,598$ 209,598$193,598$4,703,144$7,484,989$
** All totals due during fiscal year and payment amounts are projected.
*** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.)
RPTTF - Redevelopment Property Tax Trust Fund Bonds - Bond proceeds Other - reserves, rents, interest earnings, etcLMIHF - Low and Moderate Income Housing Fund Admin - Successor Agency Administrative Allowance
* The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart
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Attachment: Attachment 1 - Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to December 31, 2012 (1013 : Adoption of IROPS
Name of Redevelopment Agency:COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34
Project Area(s)RDA Project Area All- GRAND TERRACE PROJECT AREA
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULEPer AB 26 - Section 34177 (*)
Contract/Agreement
Project Name / Debt Obligation Execution Date Payee Description
Jul
2012
Aug
2012
Sep
2012
Oct
2012
Nov
2012
Dec
2012 Total
1)Grand Terrace Project Area Bond indent/Tax Cert.2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area 13,510,568 Bonds
2)Michigan Street improvements: design and ROW acq. 3/13/2012 Webb &Assoc 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area 908,695 Bonds 80,000 80,000 80,000 80,000 80,000 80,000 480,000
3)Southwest project area: infrastructure study and design Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 0
4)Southwest project area: infrastructure construction Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 0
5)Barton Road infrastructure improvements Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area 100,000 Bonds 50,000 25,000 25,000 100,0006)Michigan Street improvements: construction Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 0
7)Union Pacific/Barton Road bridge construction Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 0
8)Strom drain & street rehab:Van Buren, Pico, and Main St.Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 0
9)Mt. Vernon slope stabilization Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 0
10)Vista Grande Park construction Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 011)Grand Terrace Project Area Bond indent/Tax Cert.2011B Bond Indenture -Public Infrastructure Grand Terrace Proj Area 3,622,784 Bonds
12)Land Assembly Southwest mixed use area Bond indent/Tax Cert.Prop Owners 2011B Bond Indenture -Public Infrastructure Grand Terrace Proj Area 500,000 Bonds 500,000 500,000
13)Land Assembly on Barton Road Bond indent/Tax Cert.Prop Owners 2011B Bond Indenture -Public Infrastructure Grand Terrace Proj Area 500,000 Bonds 500,000 500,000
14)2004 Tax Allocation Bonds Debt Service on 2004 CRA Tax Alloc Bonds (to be paid from Bond Reserve)Grand Terrace Proj Area 1,300,000 1,300,000 Bonds 1,300,000 1,300,000
15)2004 TABS Reserve 2004 N/A Bond Reserve Requirement Grand Terrace Proj Area 1,300,000 -1,300,000 Bonds -1,300,000 -1,300,000
16)2011A TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 1,280,894 0 Bonds 0
17)2011B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,906 0 Bonds 0
18)Low Mod Property Purchase TBA Housing Author Purchase property -commercial district Grand Terrace Proj Area 463,167 463,167 Other 463,167 463,167
19)0
20)0
21)0
22)0
23)0
24)0
25)0
26)0
27)0
28)0
29)0
30)0
31)0
32)033)
Totals - LMIHF - - - - - - - 0
Totals - Bond Proceeds 21,491,152 2,008,695 80,000 80,000 80,000 130,000 105,000 1,105,000 1,580,000
Totals - Other 463,167 463,167 - - - - - 463,167 463,167
Grand total - This Page 21,954,319 2,471,862 80,000 80,000 80,000 130,000 105,000 1,568,167 2,043,167
** All total due during fiscal year and payment amounts are projected. *** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.)
RPTTF - Redevelopment Property Tax Trust Fund Bonds - Bond proceeds Other - reserves, rents, interest earnings, etc
LMIHF - Low and Moderate Income Housing Fund Admin - Successor Agency Administrative Allowance
FORM B - All Revenue Sources Other Than Redevelopment Property Tax Trust Fund (RPTTF)
* The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart
Project Area
Total
Outstanding
Debt or
Obligation
Payments by monthTotal Due
During Fiscal
Year
2011-2012**
Funding
Source ***
Payable from Other Revenue Sources
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Attachment: Attachment 1 - Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to December 31, 2012 (1013 : Adoption of IROPS
Name of Redevelopment Agency:COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34
Project Area(s)RDA Project Area All GRAND TERRACE PROJECT AREA
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34177 (*)
Project Area
Total Outstanding
Debt or
Obligation
Total Due
During Fiscal
Year
2011-2012**
Funding
Source **Payable from the Administrative Allowance Allocation ****Payments by month
Project Name / Debt Obligation Payee Description
Jul
2012
Aug
2012
Sep
2012
Oct
2012
Nov
2012
Dec
2012 Total
1)Employee Costs City of Grand Terrace Agency direct employee costs Grand Terrace Proj Area 4,945,000 215,000 RPTTF 17,917 17,917 17,917 17,917 17,917 17,915 107,500$
2)Employee Costs City of Grand Terrace Agency direct employee costs-PERS Grand Terrace Proj Area 1,000,000 39,075 RPTTF 3,256 3,256 3,256 3,256 3,256 3,256 19,536$
3)Office Rent/Cost Allocation City of Grand Terrace G & A indirect overhead cost allocation-34%Grand Terrace Proj Area 7,389,900 321,300 RPTTF/Other 26,775 26,775 26,775 26,775 26,775 26,775 160,650$
4)Cost Allocation-Adm O/H Liab Ins City of Grand Terrace G & A Admin indirect O/H Insurance -34%Grand Terrace Proj Area 430,100 18,700 RPTTF/Other 1,560 1,560 1,560 1,560 1,560 1,560 9,360$
5)-$
6)-$
7)-$
8)-$
9)-$
10)-$
11)-$
12)-$
13)-$
14)-$
15)-$
16)-$
17)-$
18)-$
19)-$
20)-$
21) $ -
22)-$
23)-$
24)-$
25)-$
26)-$
27)-$
28)-$
-$
-$
-$
-$
-$
-$
-$
Totals - This Page 13,765,000 594,075 49,508 49,508 49,508 49,508 49,508 49,506 297,046
Bonds - Bond proceeds
Admin - Successor Agency Administrative Allowance
FORM C - Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund (RPTTF)
* The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart
** All total due during fiscal year and payment amounts are projected.
*** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.)
**** - Administrative Cost Allowance caps are 5% of Form A 6-month totals in 2011-12 and 3% of Form A 6-month totals in 2012-13.
The calculation should not factor in pass through payments paid for with RPTTF in Form D.
RPTTF - Redevelopment Property Tax Trust Fund
LMIHF - Low and Moderate Income Housing Fund
Other - reserves, rents, interest earnings, etc
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Attachment: Attachment 1 - Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to December 31, 2012 (1013 : Adoption of IROPS
Name of Redevelopment Agency:COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 FORM D - Pass-Through Payments
Project Area(s)RDA Project Area All GRAND TERRACE PROJECT AREA
OTHER OBLIGATION PAYMENT SCHEDULEPer AB 26 - Section 34177 (*)
Total Outstanding
Debt or Obligation
Total Due During
Fiscal Year
2011-2012**
Source of
Fund***Pass Through and Other Payments ****Payments by month
Project Name / Debt Obligation Payee Description Project Area Jul
2012
Aug
2012
Sep
2012
Oct
2012
Nov
2012
Dec
2012 Total
1)Statutory Pass Through City of Grand Terrace Statutory payment obligation Grand Terrace Proj Area 4,800,000 80,000 RPTTF - 40,000 $40,000
2)Statutory Pass Through San Bernardino Comm Coll Statutory payment obligation Grand Terrace Proj Area 4,800,000 80,000 RPTTF - 40,000 $40,000
3)Negotiated Pass Through Colton Joint USD Payment per agreement Grand Terrace Proj Area 10,861,960 225,000 RPTTF - - 225,000 $225,000
4)Pass Through Administered by County Taxing entities Payment per agreement Grand Terrace Proj Area 59,855,506 2,000,000 RPTTF 1,000,000 $1,000,000
5)$0
6)$0
7)$0
8)$0
9)$0
10)$0
11)$0
12)$0
13)$0
14)$0
15)$0
$0
$0
$0$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Totals - Other Obligations 80,317,466$ 2,385,000$ -$ -$ -$ -$ -$ 1,305,000$ $1,305,000
** All total due during fiscal year and payment amounts are projected.
*** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.)
RPTTF - Redevelopment Property Tax Trust Fund Bonds - Bond proceeds Other - reserves, rents, interest earnings, etc
LMIHF - Low and Moderate Income Housing Fund Admin - Successor Agency Administrative Allowance
* The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart
**** - Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS, per HSC section 34183 (a) (1), the county auditor controller will make the required pass-through paym
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Attachment: Attachment 1 - Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to December 31, 2012 (1013 : Adoption of IROPS
COMMUNITY EMERGENCY RESPONSE TEAM
MINUTES
SEPTEMBER 6, 2011
Members Present: Sandy Luckman, Peggy Witt, Sue Taylor, Paul Tickner, Bernie
Urrea, Adele Urrea, Hanni Bennett, James Vert, Joe Borrielli, Helen Ramos, Joe
Ramos, Barbara Smeltzer, Randy Halseth, Vic Pfennighausen, Doug VonKriegelstein,
Debra Hurst.
Members Absent: Linda Carter, Margie Miller, Jeff Allen, Tom Roberts, Walt
Stanckiewitz, Andrew Anaya, Dragos Barbu, Shannon Bryant, Ingrid Clark, Michael
Cerda, William Fenn, Lee Ann Garcia, Jolene Gustason, Milford Herman, Cliff Homan,
James Monroe, Glenn Nichols, Barrie Owens, David Ortiz, Bernard Ojeda, Carlos
Ramirez, Terrilee Robb, Lynnette Sandiford, Thomas Schwab, Ken Smith, Jim Stamm,
Monique Stanckiewitz, Philomene Spisak, Joanne Thoring, Joyce Wildenauer, Mathew
Wirz.
Meeting was called to order at 7:03 by Randy Halseth.
Flag salute was given.
Introduction of guests: Bob Burlson, Eileen Young, Winifred Horspool.
Liaison Report from EOC — Sue Taylor stated that EOC will be participating at the
Country Fair in November.
Minutes of the meeting from August 2, 2011 was approved by members present.
Treasurers Report — no expenditures combined balance is $6,934.58.
Training was given by Randy Halseth — Treating at Triage.... Randy explained the
different types of bleeding and how to stop the bleeding. Signs of shock and how to
treat. The importance of having supplies available. Remember to protect yourselves
from contact with blood.
Joint training with Loma Linda and Colton is still on hold.
Reminder for all members to complete the ICS 100 and 700 and give a copy of the
certificate to Joe Ramos.
Results of the CERT survey by Joe Ramos are that approximately 50% of our group in
active in the meetings and participation.
Member Reports: Joe Ramos presented a flyer from Beaver Medical Clinic on CPR
training by the American Red Cross. Training to be held on Sept. 24, 2011
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Doug VonKriegelstein requests that the Board again look into the problem with
obtaining ID cards for members. Randy Halseth will look into.
Debra Hurst relayed that the City may be looking for volunteers for the crossing guard
situation with the schools. Something needs to be worked out between the city and the
school district.
There being no further business to discuss meeting was adjourned at 7:55 pm.
Next meeting will be October 4, 2011 at 7:00 pm in the Community Room at City Hall.
Res ectively Submitted,
Debra Hurst
CERT Secretary
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COMMUNITY EMERGENCY RESPONSE TEAM
MINUTES
FEBUARY 7, 2012
Members present: Doug Von Kriegelstein, Peggy Witt, Sue Taylor, James Mejia, Paul
Tickner, Bernice Urrea, Adele Urrea, Hanni Bennett, Joe Borrielli, Helen Ramos, Jos
Ramos, Barbara Smeltzer, Jeff Allen, and Debra Hurst.
Members absent: Bob Burleson, James Vert, Matt Wirz, Randy Halseth, Vic
Pfennighaisen, Sandy Luckman, Jolene Gustason, Helen Ramirez, Linda Carter, Margie
Miller, Tom Roberts, Walt Stanckiewitz, Andrew Anaya, Dragos Barbu, Shannon Bryant,
Ingrid Clark, Michael Cerda, William Fenn, Lee Ann Garcia, Milford Herman, James
Monroe, Glenn Nichols, Barrie Owens, David Ortiz, Bernard Ojeda, Carlos Ramirez,.
Terrilee Robb, Lynnette Sandiford, Thomas Schwab, Jim Stamm, Monique
Stanckiewitz, Philomene Spisak, Joanne Thoring, Joyce Wildenauer.
Meeting was called to order at 7:02 pm by Jeff Allen.
Flag salute was given.
Minutes of the meeting for January 3, 2012 were approved by members present.
There was no liaison report from City or EOC.
Treasurer Report. No activity for the last month. Current combined balance is
$6,934.58.
Training: By Joe Borrielli Light Search and Rescue. CERT is designated as a team
for light rescue. First is to take care of your immediate family, then your neighborhood.
After that report to the EOC for assignments. Never go into a building alone. Must
always work as a team. Remember: Help the greatest number of people in the shortest
period of time.
OLD BUSINESS:
Reminder to go to the FEMA website and complete the ICS 100 & 700. The new CERT
classes have started in Loma Linda... If you want to go and make up a class or just
want a refresher... please do so.
NEW BUSINESS:
CERT on Facebook. Joe Ramos and James Mejia will work on putting together a
website for Grand Terrace CERT. Walk up Blue Mountain will be held on 3-10-12.
CERT members are needed to be stationed on the mountain to relay information to
base station and hand out water as needed. MOTION: GT CERT to purchase 10
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cases of water from COSTCO and donate for the walk. Cost not to exceed $100.00.
Motion by Sue Taylor with a second from Joe Borrielli. Motion passed by members
present. Sue Taylor will work on putting together a picnic for CERT members and their
families. The Tri-City event with Colton and Loma Linda will probably not happen until
2013.
Member reports: Doug Von Kriegelstein is still researching getting ID cards. Radios
need to be re-assigned... Need to develop a phone tree. Jeff Allen will be attending an
Annual Cert Event in Beverly Hills in May 2012. More information on this event at the
March meeting. Helen Ramos and Barb Smeltzer will work on getting an inventory on
what is in the trailer and the shed. Debra Hurst will send an email to all members
regarding the remaining CERT classes in Loma Linda and requesting more volunteers
for the Walk up Blue Mountain.
There being no further business to discuss, meeting was adjourned at 8:00 pm.
Next meeting will be March 6, 2012 in the Community Room at City Hall.
Respectively Submitted,
Debra Hurst
CERT Secretary
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City of Grand Terrace
CRIME PREVENTION COMMITTEE
Minutes of Monthly Meeting
Monday, February 13, 2012, at 4:00 p.m.
-IECEIVED
Lifi 1 2012
'TY OF GRAND TERRACE
CLERK'S DEPARTMENT
Call to Order by Chairperson Don Bennett.
Present: Except for alternate member Philomena Spisak, all other committee members were
present, along with Sheriff's Service Specialist Sylvia Beasley.
Agenda was approved as written.
Minutes of the January 9, 2012 meeting were approved as written.
No public comments or correspondence were received at this meeting.
Crime Report: Sylvia Beasley will begin bringing a written crime report, summarizing crime in
Grand Terrace during the prior month, at the March Meeting. She stated that Grand Terrace's
crime rate was down by 14% in 2011, compared to 2010, and that arrests were up by 78%.
There was a recent armed robbery at a gas station. Stolen vehicles and vehicle burglaries are
rare in Grand Terrace, she stated.
New street light needed: Lew Neeb stated that there is no street light at the corner of Barton
Road and Grand Terrace Road, which is the entrance intersection to the Grand Terrace Mobile
Home Park. Lack of a street light can be dangerous for motorists and pedestrians after dark. A
letter will be sent to the City Council by Committee Chairperson Donald Bennett, requesting
that a street light be installed as soon as possible.
Crossing guards at schools: Bob Kaplanek stated that the removal of crossing guards by the
Colton Unified School District, especially at the two elementary schools in Grand Terrace, is
highly likely to result in future vehicle collisions, injuries, or deaths, due to careless, impatient
and distracted drivers, when children are delivered and picked up. Bob plans to attend the
Grand Terrace City Council meeting at 6:00 p.m. on Tuesday, February 28, to make a public
comment on behalf of the Committee. Manual Baltierra will also discuss this with his wife, who
is active with the Grand Terrace Citizens Patrol.
Neighborhood Watch: Sylvia Beasley stated that currently there are no active Neighborhood
Watch groups meeting in Grand Terrace. She is available to assist citizens to establish such
groups in Grand Terrace, and she is hopeful that a planned future article about her in the Grand
Terrace City News will help to generate some interest. Committee members also request that
Neighborhood Watch be included on the City's web site. Lew Neeb suggested that citizens ride-
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alongs with Grand Terrace's Deputy Sheriffs might be helpful in getting people interested in the
formation with Neighborhood Watch groups.
Flag-Raising at Grand Terrace Senior Center: JoAnn Johnson invites the community to the
Grand Terrace Senior Center next Monday, February 20, at 10:00 a.m., for the American flag-
raising ceremony. The flag pole was donated by Ann and Tony Petta, in memory of their
daughter, Susan. The American flag will be illuminated during hours of darkness, so it will
remain aloft at all times.
Grand Terrace High School: Manuel Baltierra phoned Todd Beal at the Colton Unified School
District, who stated that when Grand Terrace High School opens on August 12, there will be
seven non-sworn full-time security officers on duty during the day. Sylvia Beasley pointed out
that the school is responsible for students' safety while going to and from school, as well as at
school. GTHS does not anticipate that it will have a sworn school resource police officer on
campus. Phil Robb will make calls to determine if adequate paved sidewalks will be available
for students' safety, while going to and from GTHS.
Crime Prevention Citizen Awareness Booklet: Lew Neeb brought a copy of a crime prevention
citizen awareness booklet, that offers people much helpful advice, about how to protect
themselves and their property from criminals. Pat Smith will contact the editor of the Grand
Terrace City News, to see if it could be published in a series of short articles.
Surveillance cameras to assist law enforcement: Phil Robb contacted the Redlands Police
Department, public information officers, about the use of such cameras in Redlands. The only
document supplied, however, was a 2008 "Request for Proposal" to potential suppliers and
installers of such cameras. Further efforts are being made to obtain other background
information, that would be more helpful to the Committee.
Next Meeting: Monday, March 12, 2012, at 4:00 p.m., at GT City Hall.
Respectfully submitted,
h<
Phil Robb, Secretary
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AGENDA REPORT
MEETING DATE:March 27, 2012
TITLE:Repeal Stormwater System Ordinance and Adopt New
Federal and State Mandated Requirements.
PRESENTED BY:Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION:Approve the first Reading of an Ordinance of the City
Council of the City of Grand Terrace, County of San
Bernardino, State of California, Repealing Existing Chapter
13.20 and Adopting a New Chapter 13.20 (Stormwater
System) of Title 13 of the Municipal Code
BACKGROUND:
The National Pollution Discharge Elimination System, (NPDES) is a national program
under Section 402, of the Clean Water Act for the regulation of discharge of pollutants
from point sources to waters of the United States.
The Santa Ana Regional Water Quality Control Board, (SARWQCB) administers
permits to local jurisdictions under rules set by the Clean water Act. In 1992, the first
permit was issued to the County of San Bernardino for the regulation of the Municipal
Separate Storm Sewer System, (MS4). This permit regulates the discharge of pollutants
in the form of runoff that is under the jurisdiction of the Permittees. The City of Grand
Terrace is a Co-Permittee under the County of San Bernardino’s MS4 Permit.
The Permit states that the Permittees shall maintain adequate legal authority to control
the discharge of pollutants to their MS4s through an ordinance, statute, permit, contract
or similar means and enforce these authorities.Storm water ordinances or other local
regulatory mechanisms shall include sanctions to ensure compliance.
DISCUSSION:
San Bernardino County was issued Permit Number, R8-2010-0036 on January 29,
2010. As a Co-Permittees of this Permit, the City of Grand Terrace is responsible for
meeting the requirements which includes an annual review and update of the Ordinance
for continuing effectiveness. The Grand Terrace City Council adopted Ordinance 142, in
1993. This ordinance has not been modified or revised since that time. In order to meet
the legal requirements of NPDES Permit, it is imperative that Ordinance 142 is repealed
in its entirety and replaced with a more current revised ordinance that will meet the
requirements of the NPDES Permit. Failure to comply with the permit requirements can
subject the City to enforcement actions.
The City of Grand Terrace is required to establish internal departmental coordination
and reporting requirements to ensure accountability and consistency. This was
achieved by the City of Grand Terrace Local Implementation Plan, (LIP) in 2011. We
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are also responsible for managing our own Stormwater Program which includes;
monitoring programs, inspection programs, policies, ordinances, maintenance of the
MS4 system, and reporting program performance to the principal Permittee. Along with
program management, the Co-Permittees' are required to do the following:
a.Designate at least one representative to the Management Committee and
attend at least 7 out of the 8 Management Committee meetings per year.
b.Coordinate with the principal Permittee any pollutant sources from specific
drainage areas.
c.Review and comment on all strategies from the subcommittee with regards to the
Permit.
d.Participate in committees or subcommittees to address storm water related
issues.
e.Responding to emergency situations such as accidental spills, leaks, illegal
discharges and illicit connections.
f.Pursue enforcement actions as necessary within our jurisdiction for violations of
illicit connections and illegal discharges, of its storm water management program.
g.Track, monitor, and keep training records of all personnel involved in the
implementation of the jurisdictions Permit.
h.Track and monitor operation and maintenance of post-construction BMPs
installed in areas within each Permittees jurisdiction.
i.Track and monitor operation and maintenance of post-construction BMPs
installed in areas within each Permittees jurisdiction.
FISCAL IMPACT:
There is no fiscal Impact other than the costs for staff to put together the report and
ordinance reviewed by our legal counsel.
ATTACHMENTS:
·Ordinance (PDF)
APPROVALS:
Richard Shields Skipped 03/21/2012 4:36 PM
Finance Completed 03/21/2012 4:35 PM
City Attorney Completed 03/21/2012 4:36 PM
City Manager Completed 03/21/2012 4:36 PM
City Council Completed 04/11/2012 10:46 AM
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RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Bernardo Sandoval, Councilman
AYES:Walt Stanckiewitz, Darcy McNaboe, Bernardo Sandoval, Gene Hays
ABSENT:Lee Ann Garcia
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ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
REPEALING EXISTING CHAPTER 13.20 AND ADOPTING A NEW CHAPTER
13.20 (STORMWATER SYSTEM) OF TITLE 13 OF THE MUNICIPAL CODE.
WHEREAS, the National Pollution Discharge Elimination System (NPDES) is a national
program under Section 402 of the Clean Water Act for the regulation of discharge of pollutants
from point sources to waters of the United States;
WHEREAS,the Santa Ana Regional Water Quality Control Board (SARWQCB)
administers permits to local jurisdictions under rules set by the Clean Water Act and in 1992, the
first permit was issued to the County of San Bernardino for the regulation of the Municipal
Separate Storm Sewer System (MS4);
WHEREAS, the MS4 permit regulates the discharge of pollutants in the form of runoff
that is under the jurisdiction of the Permittees and the City of Grand Terrace is a Co-Permittee
under the County of San Bernardino’s MS4 Permit;
WHEREAS, the MS4 permit states that the Permittees shall maintain adequate legal
authority to control the discharge of pollutants to their MS4s through an ordinance, statute,
permit, contract or similar means and enforce these authorities;
WHEREAS, the Grand Terrace City Council adopted Chapter 13.20 of the Grand
Terrace Municipal Code (Stormwater System) in 1993 and it has not been modified, revised or
updated since that time; and
WHEREAS, the City Council desires to update Chapter 13.20 in order to meet the
requirements of the NPDES Permit.
NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby ordain
as follows:
SECTION 1. That Chapter 13.20 (Stormwater System) of Title 13 (Public Services) of
the Grand Terrace Municipal Code is hereby repealed.
SECTION 2. That Title 13 (Public Services) of the Grand Terrace Municipal Code is
hereby amended with a new Chapter 13.20 (Stormwater System) as follows:
STORMWATER SYSTEM
Article I. Authority, Purpose and Policy, Definitions
13.20.010 –Authority.
13.20.020 –Purpose and objectives.
13.20.030 –Definitions.
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Article II. General Conditions and Prohibitions
13.20.040 –Administration.
13.20.050 –Applicability.
13.20.060 –Notice to Remediate.
13.20.070 –Notice procedures.
13.20.080 –Connections.
13.20.090 –Protection of the storm drainage system.
13.20.100 –Prohibited discharges.
13.20.110 –Exceptions to the prohibited discharges.
13.20.120 –Notification of intent and compliance with general permits.
13.20.130 –Compliance with Best Management Practices (BMPs).
13.20.140 –Affirmative defense.
13.20.150 –Spill containment.
13.20.160 –Immediate notification of accidental discharge.
13.20.170 –Written notification of accidental discharge.
13.20.180 –Authority to inspect.
Article III. Residential Requirements
13.20.190 –Prohibited discharges.
13.20.200 –Responsibility for illegal discharge of prohibited substances.
13.20.210 –Maintenance of private residential storm drainage systems.
Article IV. Industrial and Commercial Requirements
13.20.220 –Non-stormwater discharges.
13.20.230 –General permit for stormwater discharges from industrial activities.
13.20.240 –Conditional category-notice of non-applicability.
13.20.250 –Best management practices (BMPs).
Article V. Construction Requirements
13.20.260 –Stormwater quality management plan (SWQMP).
13.20.270 –General permit for stormwater discharges from construction activity.
13.20.280 –Non-stormwater discharges.
13.20.290 –Non-stormwater discharge reporting requirements.
13.20.300 –Best management practices (BMPs).
13.20.310 –WQMP transfer, access, and maintenance agreement.
Article VI. Enforcement Remedies
13.20.320 –Notice of correction.
13.20.330 –Notice of violation.
13.20.340 –Administrative orders.
13.20.350 –Administrative hearing.
13.20.360 –Compensation for damages.
13.20.370 –Appeals.
13.20.380 –Violations deemed a public nuisance.
13.20.390 –Legal action.
13.20.400 –Civil penalties.
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13.20.410 –Criminal prosecution.
13.20.420 –Falsifying information.
CHAPTER 13.20
ARTICLE I.Authority, Purpose and Policy, Definitions
13.20.010 –Authority.
This chapter is enacted pursuant to authority conferred by an Area Wide Urban
Stormwater Run-Off Permit issued by the California Regional Water Quality Control
Board Santa Ana Region pursuant to Section 402 of the federal Clean Water Act.
13.20.020 -Purpose and Objectives.
A.The purpose of this chapter is to ensure the health, safety and general welfare of
the residents of the City of Grand Terrace by prescribing regulations to effectively
prohibit non-stormwater discharges into the city's stormwater drainage system
and to specifically achieve the following objectives:
1.Control discharges from spills, dumping or disposal of materials other than
stormwater.
2.Reduce the discharge of pollutants in all stormwater discharges to the
maximum extent practicable.
3.Protect and enhance the water quality of local, state and Federal
watercourses, water bodies, ground water and wetlands in a manner
pursuant to and consistent with the Clean Water Act.
13.20.030 –Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
A.“Adjustment” means a determination that the volumetric amount of stormwater
which enters the stormwater drainage system from a premise is deemed to be a
defined amount substantially different from the average stormwater drainage.
B.“Area-wide urban stormwater runoff permit” means the current,
regional NPDES permit issued by the California Regional Water Quality Control
Board, Santa Ana Region, to the San Bernardino County Flood Control District,
San Bernardino County and sixteen (16) incorporated cities discharging
stormwater into the Upper Santa Ana River Basin for the regulation of stormwater
discharges from municipal separate storm sewer systems.
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C.“Average stormwater drainage” means the average amount of stormwater
drainage which enters the stormwater drainage system from a premise, based on
runoff factors established by the San Bernardino County Flood Control District.
D.“Basic Assessment Unit (BAU)” means the proportionate runoff from the average
single-family parcel. The average single-family residential parcel has an area of
0.1666 acres (7,200 square feet) and a runoff factor of 0.695. The level of runoff
from this type of property is referred to as a Basic Assessment Unit and is used
to establish user class equivalency.
E.“BMP” means any Best Management Practice, Best Management Guideline, or
Best Management Requirement as adopted by any Federal, State, regional or
local agency to prevent or reduce the pollution of Waters of the United States.
BMPs also include treatment requirements, operating procedures, and practices
to control: plant site runoff, spillage or leaks; sludge or waste storage and
disposal; or drainage from raw material or chemical storage.
F.“City” or “the city” means to the City of Grand Terrace, California.
G.“Construction activity” means any activity used in the process of developing,
redeveloping, enhancing, or maintaining land, including but not limited to,land
disturbance, building construction, paving and surfacing, storage and disposal of
construction related materials.
H.“Contamination” means the same as defined in the Porter-Cologne Water Quality
Control Act, as the same exists or may be amended from time to time, which at
the time of the adoption of this section reads:
“Contamination” means an impairment of the quality of waters of the state by
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.“Contamination”includes any
equivalent effect resulting from the disposal of waste whether or not waters of
the state are affected.
I.“Compliance schedule” means the time period allowed by the city for a
discharger to achieve compliance with the city's stormwater regulations. The
“compliance schedule” shall contain specific dates by which adequate treatment
facilities, devices, or other related equipment and/or procedures must be installed
or implemented.
J.“Developed parcel” means any lot or parcel of land altered from its natural state
by the construction, creation, and addition of impervious area, except public
streets or highways.
K.“Developer” means a person, firm, corporation, partnership, or association who
proposes to develop, develops, or causes to be developed real property for
himself or for others except that employees and consultants of such persons or
entities, acting in such capacity, are not developers.
L. “Dewatering” means the removal and disposal of surface water or groundwater for
purposes of preparing a site for construction.
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M. “Director of Building & Safety/Public Works” means the Director of Building &
Safety/Public Works for the city, or his or her designee.
N.“Discharge” means any release, spill, leak, flow or escape of any liquid including
sewage, wastewater or stormwater, semi-solid or solid substance onto the land
or into the city's stormwater drainage system.
O.“Discharger” means any person, property owner or occupant of a unit, building,
premise or lot in the city who releases or causes to be released any discharge,
as defined in this section, directly or indirectly, into the city's stormwater drainage
system.
P.“EPA” means the Environmental Protection Agency of the United States of
America.
Q.“General permit for stormwater discharges from construction activity” means a
statewide General NPDES Permit that regulates all stormwater discharges
associated with construction projects that disturb five (5) acres or more of land or
which result in the disturbance of less than five (5) acres, but which are part of a
larger common plan of development or sale.
R.“General permit for stormwater discharges from industrial activities” means a
statewide General NPDES Permit that regulates stormwater discharges
associated with industrial activities that are listed in 40 CFR 122.26 (b) (14).
S.“Hearing officer” means the City Director of Building & Safety/Public Works or his
or her designee, who presides, at the administrative hearings authorized by this
chapter and issues final decisions on matters raised therein.
T.“Illegal discharge” means any discharge (or seepage) into the city's stormwater
drainage system that is not composed entirely of stormwater except for the
authorized discharges listed in §13.20.110 of this chapter. Illegal discharges
include the improper disposal of wastes into the stormwater drainage system.
U.“Illicit connection” means either of the following:
1.Any drain or conveyance, whether on the surface or subsurface, which allows
an illegal discharge to enter the stormwater drainage system (including,but
not limited to,any conveyance which allows non-stormwater discharges,
including sewage, process wastewater and wash water)to enter the
stormwater drainage system,and any connections to the stormwater
drainage system from indoor drains and sinks,regardless of whether said
drain or connection had been previously allowed,permitted or approved by a
government agency; or;
2.Any drain or conveyance connected to the stormwater drainage system that
is not permitted pursuant to a valid NPDES Permit or which has not been
documented in plans, maps or equivalent records approved by the city.
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V.“Maximum Extent Practicable (MEP)”means the maximum level of pollutant
reductions or stormwater runoff reductions that must be achieved by treatment,
infiltration or a combination of treatment, infiltration and Best Management
Practices, taking into account equitable considerations of synergistic, additive,
and competing factors, including but not limited to, gravity of the problem, fiscal
and technical feasibility, public health risks, societal concern, and social benefits,
to effectively limit the discharge of pollutants or stormwater runoff into the city's
stormwater drainage system.
W.“National Pollutant Discharge Elimination System (NPDES)” means the EPA's
national program under the Clean Water Act to eliminate discharges of pollution
into waters of the United States.
X.“New development” means land disturbing activities; structural development,
including construction or installation of a building or structure, creation of
impervious surfaces; and land subdivision.
Y.“NPDES Permit” means any permit issued pursuant to the Federal Clean Water
Act.
Z.“Non-structural BMPs” means any schedules of activities, prohibitions of
practices, maintenance procedures, managerial practices or operational
practices that aim to prevent stormwater pollution by reducing the potential for
contamination at the source of pollution.
AA.“Notice of Intent (NOI)” means a form provided by the State Water Resources
Control Board that is required to be completed and submitted in order to obtain
coverage under one of the State's NPDES General Stormwater Permits prior to
the start of certain business activities or construction activities.
BB.“Non-stormwater” means any water discharging to the city's stormwater
drainage system that does not originate from precipitation events.
CC.“Nuisance” means any condition described by all of the following:
1.Is injurious to health, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property.
2.Affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
3.Occurs during, or as a result of, the treatment or disposal of wastes.
DD.“Permit” means any permit issued by the city.
EE.“Permittee” means the San Bernardino County Flood Control District; San
Bernardino County; and each of the sixteen (16) cities in San Bernardino
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County discharging stormwater drainage into the Upper Santa Ana River Basin
and regulated by the Areawide Urban Stormwater Run-Off Permit.
FF.“Person” means any individual, partnership, committee, entity, association,
corporation, public agency, and any other organization, or group of persons
public or private; the masculine genders shall include the feminine, the singular
shall include the plural where indicated by the context.
GG.“pH” means the measure of the hydrogen ion concentration of water and the
standard by which the acidity or alkalinity of a water sample is determined.
HH.“Pollutant” means any substance, including, but not limited to, liquid, solid or
semi-solid substances or combination thereof, which causes a nuisance or
contributes to a condition of contamination or pollution of the city's stormwater
runoff, stormwater drainage system or the impairment or degradation of waters
of the state, including,but not limited to,the following:
1.Floatable materials (such as floatable plastics or wood products, and metal
shavings, or materials forming films, foam or scum);
2.Household waste (such as trash, cleaners, toxic or hazardous chemicals,
yard wastes, animal fecal materials, used oil, coolant, gasoline and other
vehicle fluids);
3.Metals and non-metals, including compounds of metals and non-metals;
4.Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
5.Domestic sewage from sewer line overflows, septic tanks, porta-potties,
boats and recreational vehicles;
6.Animal wastes (such as wastes from confinement facilities, kennels, pens,
stables, and show facilities);
7.Substances having a pH less than 6.5 or greater than 8.5, or unusual
coloration, turbidity or odor;
8.Materials causing an increase in biochemical oxygen demand, chemical
oxygen demand or total organic carbon;
9.Materials containing base/neutral or acid extractable organic compounds;
10.Waste materials and wastewater generated on construction sites from
construction activities (such as painting and staining; use of sealants and
glues; use of lime; use of wood preservatives and solvents; disturbance of
asbestos fibers, paint flakes or stucco fragments; application of oils,
lubricants, vehicle maintenance, construction equipment washing, concrete
pouring and cleanup; use of concrete detergents; steam cleaning or sand
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blasting; use of chemical degreasing or diluting agents; and chlorinated
water from potable line flushing;
11.Those pollutants defined in Section 1362(6) of the Federal Clean Water Act
as the same exists or may be amended from time to time; and
12.Any other constituent or material, including,but not limited to,pesticides,
herbicides, fertilizers, eroded soils, sediment and particulate materials, in
quantities that have been determined by the state or EPA to adversely affect
the beneficial uses of waters of the state.
II.“Redevelopment” means the creation or addition of impervious surfaces or the
making of improvements to an existing structure on an already developed site;
replacement of impervious surfaces that are not part of a routine maintenance
activity; and land disturbing activities related with structural or impervious
surfaces.
JJ.“Sewage” means the wastewater of the community derived from residential,
agricultural, commercial, or industrial sources, including domestic sewage, and
industrial wastewater.
KK.“Stormwater” means rain water, snowmelt runoff, and associated surface runoff
and drainage.
LL.“Stormwater drainage system” means all of the property involved in the
operation of the stormwater drainage collection and disposal system for the
city, including, but not limited to, conduits, natural or artificial drains, channels
and watercourses, together with appurtenances, pumping stations and
equipment which is tributary to the regional stormwater runoff system.
MM.“Stormwater Pollution Prevention Plan (SWPPP)” means the plan as described
in the General Construction Activity Stormwater Permit as issued by the State
Water Resources Control Board on August 19, 1999, and as may be amended,
and the General Industrial Activities Stormwater Permit as issued on April 17,
1997, and as may be amended, which specifies BMPs that will prevent
pollutants from contacting stormwater and all products of erosion from moving
off site into receiving waters.
NN.“Stormwater Quality Management Plan (SWQMP)” means a plan required of
new development/redevelopment projects, outlining appropriate non-structural
and structural BMPs, including stormwater infiltration and treatment devices
that will be implemented and installed to prevent pollutants from being
discharged into the city's stormwater drainage system, during and after
construction.
OO.“Structural BMPs” means any structural facility designed and constructed to
remove pollutants from stormwater runoff or prevent pollutants from contacting
stormwater. Examples include canopies, structural enclosures, sediment
basins, catch basin inlet filters, grassy swales, and sand and oil interceptors.
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PP.“Violation” means a breach of any provision of this chapter.
QQ.“Waters of the state” means any surface water or groundwater, including saline
waters, within the boundaries of the State.
ARTICLE II.General Conditions and Prohibitions
13.20.040 –Administration.
Except as otherwise provided, the Director of Building & Safety/Public Works shall
administer, implement,and enforce the provisions of this chapter. Any powers granted to
or duties imposed upon the Director of Building & Safety/Public Works, may be
delegated by the Director of Building & Safety/Public Works to persons acting in the
beneficial interest of or in the employment of the city.
13.20.050 –Applicability.
This chapter shall apply to all dischargers, including all residents as well as
commercial, industrial,and construction enterprises, to the city's stormwater drainage
system, and to dischargers outside the city who,by agreement with the city, utilize the
city's stormwater drainage system.
13.20.060 -Notice to remediate.
Whenever the Director of Building & Safety/Public Works finds any nonpermitted,
prohibited substances discharge or any other material of any kind, in or upon the
sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds,
which may resulting an increase in pollutants entering the city storm drain system, the
Director of Building & Safety/Public Works may give notice to remove any nonpermitted,
prohibited substance discharge. The discharger who receives such a notice shall
undertake the remediation activities as described in the notice.
13.20.070 -Notice procedures.
Unless otherwise provided herein, any notice issued under this chapter shall be in
writing and served in person, by first class, registered or certified mail. Notice shall be
deemed to have been given at the time of deposit, postage or prepaid, in a facility
regularly serviced by the United States Postal Service.
13.20.080 –Connections.
A.The discharge or diversion of stormwater or non-stormwater is permissible when
the connection to the city's stormwater drainage system is made in accordance
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with a valid construction permit, approved construction plan, and, if applicable,
an NPDES Stormwater Permit and the discharge is not prohibited under
Section 13.20.100 of this chapter.
B.It is prohibited to establish, use,maintain,and/or continue any illicit drainage
connections to the city's stormwater drainage system. This prohibition is
retroactive and applies to connections made in the past, regardless of whether
the connection was made under a permit or other authorization or whether the
connection was permissible under the laws or practices applicable or prevailing
at the time of the connection.
C.Construction permits are required for the construction or modification of any
storm drain or conveyor of drainage waters and appurtenant items within the
following:
1.Dedicated easements, rights-of-way, or public places and/or facilities.
2.Private property so as it may directly or indirectly discharge into the city's
stormwater drainage system. Indirect discharges include, but are not limited
to, under sidewalk drains, driveway approaches, and unrestricted sheet flow.
13.20.090 -Protection of the stormwater drainage system.
Without the prior written approval of the Director of Building & Safety/Public Works,
no person shall construct, modify or cause to be constructed or modified any structure,
facility or appurtenant items which may alter the normal functioning of the city's
stormwater drainage system, including any action which may alter the capacity, fall, or
structural integrity of a storm drain, channel or related structures.
13.20.100 -Prohibited discharges.
It is prohibited to:
A.Discharge non-stormwater directly or indirectly to the city's stormwater drainage
system, or any street, lined or unlined drainage channel which leads to the city's
storm drain or directly or indirectly into any waters of the state unless such
discharge is authorized by either a separate NPDES permit or as otherwise
specified in Section 13.20.110 of this chapter.If such discharge is permitted by
a NPDES permit or is generally exempted, but causes the city to violate any
portion of its NPDES permits for stormwater discharges, such discharge is also
prohibited.
B.Discharge stormwater into the city's stormwater drainage system containing
pollutants that have not been reduced to the maximum extent practicable.
C.Throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed,
left or maintained, any refuse, garbage, sediment or other discarded or
abandoned objects, articles, and accumulations, in or upon any street, alley,
sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
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business place, or upon any public or private lot of land in the city, so that the
same may be and/or may become a pollutant.
D.Throw or deposit any refuse, garbage or any other pollutants into any fountain,
pond, lake, stream or any other body of water in a park or elsewhere within the
city.
E.Discharge any of the following types of waste into the city's stormwater drainage
system:
1.Sewage.
2.Surface cleaning wash water resulting from mopping, rinsing, pressure
washing or steam cleaning of gas stations, and vehicle service businesses or
any other businesses.
3.Discharges resulting from the cleaning, repair,or maintenance of any type
of equipment, machinery, or facility,including, but not limited to, motor
vehicles, concrete mixing equipment, and portable toilet servicing.
4.Wash water from activities such as, but not limited to, mobile auto detailing
and washing, steam and pressure cleaning,carpet cleaning, drapery and
furniture cleaning.
5.Waste water from cleaning municipal, industrial, commercial, and residential
areas, such as, but not limited to, parking lots, streets, sidewalks, driveways,
patios, plazas, work yards and outdoor eating or drinking areas, containing
chemicals or detergents and without prior sweeping.
6.Stormwater runoff from material or waste storage areas containing chemicals,
fuels,grease, oil or other hazardous materials or contaminated equipment.
7.Discharges from pool or fountain water containing chlorine, biocides, acids or
other chemicals; pool filter backwash containing debris and chlorine.
8.Pet waste, yard waste, debris, and sediment.
9.Restaurant wastes such as, but not limited to,grease, mop water, and wash
water from cleaning dishes,utensils, laundry, floors, floor mats, trash bins,
grease containers, and food waste.
10.Chemicals or chemical waste.
11.Medical wastes.
12.Blow down or bleed water from cooling towers and boilers, and regenerative
brine waste from water softeners or reverse osmosis treatment systems.
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13.Any materials or chemical substances that cause damage to the city's
stormwater drainage system.
14.Any other material that causes or contributes to a condition of
contamination,nuisance or pollution in the city's storm drainage system or
causes a violation of any waste disposal regulations, waste discharge
requirements, water quality standards or objectives adopted by the State
Water Resources Control Board, Regional Water Quality Control Board,
EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood
Control District or any other public agency with jurisdiction.
13.20.110 -Exceptions to the prohibited discharges.
A.The following discharges of non-stormwater into the city's storm drainage system
are generally exempt from the prohibited discharges listed in
Section 13.20.110 of this chapter. However, items 12 through 22, below, have
been identified as potential significant sources of pollutants and require coverage
under the Regional Board's De Minimus Permit (see *note below):
1.Discharges covered by NPDES permits or written clearances issued by the
Regional Water Quality Control Board or the State Water Resources Control
Board.
2.Landscape irrigation, lawn watering, and irrigation water.
3.Water from crawl space pumps.
4.Air conditioning condensation.
5.Non-commercial car washing.
6.Rising ground waters and natural springs.
7.Ground water infiltration as defined in 40 CFR 35.2005(20) and
uncontaminated pumped ground water.
8.Water flows from riparian habitats and wetlands.
9.Water flows generated from emergency response and/or fire fighting
activities, however, appropriate BMPs shall be implemented to the extent
practicable; BMPs must be implemented to reduce pollutants from non-
emergency fire fighting flow.
10.Waters not otherwise containing wastes as defined in Section 13050(d) of
the California Water Code.
11.Other types of discharges identified and recommended by the city and
approved by the Regional Water Quality Control Board.
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12.*Potable water line testing or flushing and other discharges from potable
water sources.
13.*Water from fire hydrant testing and flushing using appropriate BMPs.
14.*Water from passive foundation drains or passive footing drains.
15.*Dechlorinated swimming pool discharges.
16.*Diverted stream flow.
17.*Wastes associated with well installation, development, test pumping and
purging.
18.*Aquifer testing wastes.
19.*Discharges from hydrostatic testing, including of vessels, pipelines, tanks,
and similar types of hydrostatic testing.
20.*Discharges from the maintenance of potable water supply pipelines, tanks,
and reservoirs.
21.*Discharges from the disinfection of potable water supply pipelines, tanks,
and reservoirs.
22.*Discharges from potable water supply systems resulting from system
failures or pressure releases.
*Note:Monitoring may also be required for these discharges.
The Regional Board may issue Waste Discharge Requirements for discharges
exempted from NPDES requirements, if identified to be a significant source of pollutants.
The Executive Officer of the Board may also add categories of non-stormwater
discharges that are not significant sources of pollutants or remove categories of non-
stormwater discharges listed above based upon a finding that the discharges are a
significant source of pollutants.
13.20.120 –Notification of intent and compliance with general permits.
A.Each industrial discharger, dischargers associated with construction activity, or
other discharger described in any general stormwater permit addressing such
discharges shall provide the Director of Building & Safety/Public Works with a
copy of the notice of intent to comply with and undertake all other activities
required by the EPA, the State Water Resources Control Board or the California
Regional Water Quality Control Board, Santa Ana Region, or by any general
NPDES stormwater permit applicable to such discharges.
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B.Each discharger identified in an individual NPDES permit or discharge order
relating to stormwater discharges shall comply with and undertake all activities
required by such permit.
13.20.130 -Compliance with best management practices (BMPs).
Any person undertaking any activity or operation in the city that could potentially
cause or contribute to stormwater pollution or a discharge of non-stormwater shall
comply with all applicable Best Management Practices (BMPs) as listed in the most
current California Stormwater Best Management Practice Handbooks or the San
Bernardino County Stormwater Program's “Report of Waste Discharge”, as the same
exists or may be amended, to reduce pollutants in stormwater runoff and reduce non-
stormwater discharges to the city's stormwater drainage system to the maximum extent
practicable or to the extent required by law, whichever is applicable.
13.20.140 -Affirmative defense.
A discharger shall have an affirmative defense in any action brought against it
alleging a violation of Section 13.20.100 of this chapter where the discharger can
demonstrate it did not know or have reason to know that its discharge, alone or in
conjunction with a discharge or discharges from other sources, would cause violation of
this chapter or of the Areawide Urban Stormwater Runoff Permit.
13.20.150 -Spill containment.
Persons storing chemicals or chemical waste outdoors shall be required to install spill
containment subject to requirements established by the Director of Building &
Safety/Public Works and federal, state and county standards. Persons storing any other
materials or equipment that are potential sources of stormwater pollution are also
required to install spill containment. No person shall operate a spill containment system
that could allow incompatible materials and/or wastes to mix, thereby creating hazardous
or toxic substances in the event of failure of one or more containers.
Spill containment systems shall consist of a system of dikes, walls, barriers, berms
and/or other devices designed to contain the spillage of the liquid contents of the
containers stored in them and to minimize the buildup of stormwater from precipitation,
and run-on from roof drainage and outside areas. If the spill containment system does
not have a roof which covers the entire contained area, the spill containment system
shall have the capacity to contain precipitation from at least a twenty-four (24) hour,
twenty-five (25) year rainfall event plus ten percent (10%) of the total volume of the
material stored there or the volume of the largest container, whichever is greater. Spill
containment systems shall also be constructed of impermeable and non-reactive
materials to the materials and/or wastes being contained.
Spilled and/or leaked materials and/or wastes and any accumulated precipitation
shall be removed from the spill containment system in as timely a manner as is
necessary to prevent the overflow of the spill containment system. Unless otherwise
approved by the Director of Building & Safety/Public Works, all chemicals or wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
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discharged into the city's sanitary sewer system, stormwater drainage system or onto the
ground.
13.20.160 -Immediate notification of accidental discharge.
Protection of the city's stormwater drainage system from the accidental discharge of
prohibited materials or wastes is the responsibility of the person or persons in charge of
such material. Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the city for review, and shall be approved by the Director
of Building & Safety/Public Works prior to any construction. All new and existing
dischargers shall complete such a plan. Review and approval of such plans and
operating procedures shall not relieve the discharger from the responsibility to modify his
or her facility as necessary to meet the requirements of this chapter.
A notice shall be permanently posted in a prominent place advising employees whom
to contact in the event of an accidental discharge. Employers shall ensure that all
employees are advised of the emergency notification procedures. In the event of an
accidental discharge, it is the responsibility of the discharger to immediately telephone
and notify the proper authorities.
All discharges released into the city's stormwater drainage system, including a street
or gutter, shall be immediately reported to the Building & Safety/Public Works
Department and Fire Department. All discharges that pose a threat to human health or
the environment shall be reported to the Executive Officer of the California Regional
Water Quality Control Board within twenty-four (24) hours by telephone or e-mail and
followed with a written report of the spill event within five (5) days. At a minimum, all
sewage spills over one thousand (1,000) gallons and all reportable quantities of
hazardous materials or hazardous waste shall be reported within twenty-four (24) hours.
13.20.170 -Written notification of accidental discharge.
Within five (5) working days following an accidental discharge into the city's
stormwater drainage system, the person or persons in charge of the material and/or
waste which was accidentally discharged shall submit a written report to the Director of
Building & Safety/Public Works. The report shall describe in detail the type and volume
of the material and/or waste and the cause of the discharge. The report shall also
describe in detail all corrective actions taken and measures to be taken to prevent future
occurrences.
Such notification of the accidental discharge shall not relieve the user of any fines or
civil penalties incurred as a result of the event or any other liability which may be
imposed by this chapter or other applicable laws.
13.20.180 -Authority to inspect
A.The Director of Building & Safety/Public Works shall be authorized, at any
reasonable time, to enter the premises of any discharger to the city's stormwater
drainage system to determine compliance with the provisions of this chapter, and
to:
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1.Conduct inspection, monitoring, and/or other authorized duties to enforce the
provisions of this chapter;
2.Review any records, reports, test results or other information required to
enforce the provisions of this chapter. Such review may include the necessity
to photograph, videotape, or copy any applicable information; and
3.Inspect any chemicals, materials, wastes, storage areas, storage containers,
and waste generating processes, treatment facilities, and discharge locations.
Such inspection may include the necessity to photograph or videotape any
applicable chemicals, materials, wastes, storage areas, storage containers,
waste generating processes, treatment facilities, and discharge locations.
B.The Director of Building & Safety/Public Works shall provide adequate
identification when entering the premises of any discharger. If such entry is
refused or cannot be obtained, the Director of Building & Safety/Public Works
shall have recourse to every remedy provided by law to secure lawful entry and
inspection of the premises.
C.If the Director of Building & Safety/Public Works has reasonable cause to believe
that non-stormwater discharge conditions on or emanating from the premises are
of a nature so as to require immediate inspection to safeguard public health or
safety, the Director of Building & Safety/Public Works shall have the right to
immediately enter and inspect said property and may use any reasonable means
required to effect such entry and make such inspection, regardless if said
property is occupied or unoccupied and regardless if formal permission to
inspect said property has been obtained.
D.Where a discharger has instituted security measures requiring proper
identification and clearance before entry onto the premises, the discharger shall
make all necessary arrangements with its security agents in order that, upon
presentation of such identification, the Director of Building & Safety/ Public Works
shall be permitted to enter the premises without delay, for the purpose of
performing their authorized duties. For facilities, which require special clearances
to conduct inspections, it shall be the responsibility of the discharger to obtain all
necessary clearances on behalf of the city so that the inspection is not impaired.
ARTICLE III.Residential Requirements
13.20.190 -Prohibited discharges.
In addition to the General Prohibitions in Section 13.20.100 of this chapter, it is
prohibited to discharge any of the following to any street, gutter, alley, sidewalk, storm
drain inlet, catch basin,conduit or other drainage structures, business place, or upon
any public or private lot of land in the city, so that the same may be and/or may become
a pollutant:
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A.Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead
trees, fertilizer, soil amendments or mulch, and pesticides.
B.Concrete or cement waste, brick and tile work wastes, plaster and drywall tool
cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup
solvents or slurry from saw cutting concrete or asphalt,and other construction
waste.
C.Domestic sewage including wastewater from sinks, washing machines,
dishwashers, toilets, campers,motorhomes,and trailers.
D.Chemicals, degreasers, bleach, steam cleaning, and pressure washing
wastewater.
E.Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake
fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine
or parts cleaning washwater or rinsewater,and any other vehicular fluids.
F.Water softener brine waste and any other waste water from other household
water treatment systems.
G.Waste water from draining swimming pools, ponds or fountains which contain
chlorine biocides, acids or other chemicals, and pool filter backwash containing
debris and chlorine.
H.Discharges from acid cleaning of swimming pools, ponds or fountains or filter
cleaning from the same.
I.Any other material that causes or contributes to a condition of contamination,
nuisance or pollution in the city's storm drainage system or causes a violation of
any waste disposal regulations, waste discharge requirements, water quality
standards or objectives adopted by the State Water Resources Control Board
and/or the Regional Water Quality Control Board.
13.20.200 -Responsibility for illegal discharge of prohibited substances.
The property owner(s) of a lot or parcel from which an illegal discharge originates
shall be ultimately responsible for all abatement and cleanup costs associated with the
discharge, at his own expense, if the responsible party cannot be located. Likewise, if
the tenant of a multi-family residential unit has discharged a prohibited material or waste
into the city's storm drainage system or has caused the contamination of stormwater
runoff from the property by his activities and the Director of Building & Safety/Public
Works cannot determine the responsible party or residential unit responsible, the owner
of the property from which the discharge originated shall be responsible for the cleanup
and abatement costs to mitigate the condition. Additionally, a property owner will be
responsible for all cleanup costs and damages to the city's storm drainage system from
a contractor's activities.
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13.20.210 -Maintenance of private residential storm drainage systems.
A.All private residential storm drainage inlets, underdrains and gutters shall be
inspected annually and cleaned prior to the beginning of the rainy season if there
is evidence of one or more of the following conditions:
1.The sediment/debris storage volume is twenty-five percent (25%) or more full.
2.There is evidence of illegal discharge.
3.Accumulated sediment or debris impairs the hydraulic function of the facility.
B.Private streets shall also be swept and maintained as needed to prevent
sediment, gardening waste, trash, litter and other contaminants from entering the
city's storm drainage system.
ARTICLE IV.Industrial and Commercial Requirements
13.20.220 -Non-stormwater discharges.
All non-stormwater discharges associated with industrial and commercial activities
that discharge into the city's stormwater drainage system are prohibited except as
permitted by an individual user's NPDES Stormwater Permit or Section 13.20.110 of this
chapter.
13.20.230 -General permit for stormwater discharges from industrial activities.
A.All businesses who own or operate facilities described in 40 CFR
122.26(b)(14)(i)-(xi) are required to obtain coverage under the state's General
Permit for Discharges of Stormwater Associated with Industrial Activities at least
fourteen (14) days prior to the startup of business activities. All listed businesses
are required to submit a completed Notice of Intent (NOI) form, site map and
application fee to the State Water Resources Control Board (SWRCB). The
SWRCB also requires the listed businesses to prepare a Stormwater Pollution
Prevention Plan (SWPPP), retain a copy of the SWPPP on site and comply with
all the requirements of the general permit. Copies of the NOI form are available
from the Director of Building & Safety/Public Works Department.
B.The city requires that all businesses that have filed an NOI for coverage under
the state's General Permit and have received a Waste Discharge Identification
Number (WDID) from the State Water Resources Control Board, either mail, FAX
or hand deliver a copy of the WDID letter from the state to the Director of Building
& Safety/Public Works Department as proof of filing.
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13.20.240 -Conditional category -Notice of non-applicability.
A.Businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(xi)
may prepare a “NOTICE OF NON-APPLICABILITY” in lieu of an NOI if they can
certify on this form provided by the SWRCBoard that there is no manufacturing
process, material, equipment or product storage outside in an area that is
exposed to stormwater runoff. The “Notice of Non-Applicability” must document
all of the following:
1.All prohibited non-stormwater discharges have been eliminated or otherwise
permitted.
2.All significant materials related to industrial activity (including waste materials)
are not exposed to stormwater or authorized non-stormwater discharges.
3.All industrial activities and industrial equipment are not exposed to
stormwater or authorized non-stormwater discharges.
4.There is no exposure of stormwater to significant materials associated with
industrial activity through other direct or indirect pathways such as from
industrial activities that generate dust and particulates.
B.Businesses in this category are required to submit the Notice of Non-Applicability
to the local office of the California Regional Water Quality Control Board, Santa
Ana Region, and are required to maintain the above documentation on-site at all
times. They are also required to re-evaluate and re-certify once a year that the
conditions above are continuously met.
13.20.250 -Best Management Practices (BMPs).
A.All businesses, regardless of permit status, shall implement all applicable BMPs,
as listed in the most current California Stormwater Best Management Practice
Handbooks or the most current San Bernardino County Stormwater Program's
Report of Waste Discharge, to reduce pollutants in stormwater runoff and reduce
non-stormwater discharges to the city's stormwater drainage system to the
maximum extent practicable.All structural controls shall also be maintained to
effectively prevent pollutants from contacting stormwater or remove pollutants
from stormwater runoff to the maximum extent practicable. Maintenance records
for structural and treatment devices, including waste hauling receipts shall be
kept for a period of five (5) years and made available to the city's inspector, upon
request.
B.If structural or treatment controls are not functioning as designed or are not
effective in reducing stormwater pollutants or non-stormwater discharges to the
maximum extent practicable, the city will require that the control device be
repaired, rebuilt or replaced.
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ARTICLE V.Construction Requirements
13.20.260 -Stormwater Quality Management Plan (SWQMP).
Prior to the issuance of any grading or building permit, all qualifying land
development/redevelopment projects shall submit and have approved a Stormwater
Quality Management Plan (SWQMP) to the Director of Building & Safety/Public Works
on a form provided by the city. The SWQMP shall identify all BMPs that will be
incorporated into the project to control stormwater and non-stormwater pollutants during
and after construction and shall be revised as necessary during the life of the project.
The SWQMP submittal applies to construction projects covered by the NPDES General
Construction Permit as well as construction projects less than one (1) acre. Qualifying
development/redevelopment projects include:
A.Home subdivisions of ten (10) units or more. This includes single family
residences, multi-family residences,condominiums, apartments.
B.Commercial developments of one hundred thousand (100,000) square feet or
more. This includes non-residential developments such as hospitals, educational
institutions, recreational facilities, mini-malls, hotels, office buildings,
warehouses, and light industrial facilities.
C.Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-
7539).
D.Food service businesses developing five thousand (5,000) square feet or more of
land area.
E.All hillside developments on ten thousand (10,000) square feet or more, which
are located on areas with known erosive soil conditions or where the natural
slope is twenty-five percent (25%) or more.
F.Developments of two thousand five hundred (2,500) square feet of impervious
surface or more adjacent to (within two hundred (200) feet) or discharging
directly into environmentally sensitive areas such as areas designated in the
Ocean Plan as areas of special biological significance or water bodies listed in
Section 303(d) of the Clean Water Act.
G.Parking lots of five thousand (5,000) square feet or more exposed to stormwater.
“Parking lot” is defined as land area or facility for the temporary storage of motor
vehicles.
H.All re-development projects adding five thousand (5,000) square feet or more of
impervious surface on an already developed site. This includes additional
buildings and/or structures, extension of an already existing building footprint,
and construction of parking lots.
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I.Retail Gasoline Outlets (RGOs) that are either five thousand (5,000) square feet
or more, or have projected average daily traffic of 100 or more vehicles per day.
J.Emergency public safety projects in any of the above-listed categories shall be
excluded if the delay caused due to the requirement for a WQMP compromises
public safety, public health and/or environmental protection.
13.20.270 -General permit for stormwater discharges from construction activity.
A.Any developer/owner engaging in construction activities which disturb one (1)
acre or more of land shall apply for coverage under the General Stormwater
Permit for Construction Activity with the State Water Resources Control Board
(SWRCB). Any developer/owner engaging in construction activities which disturb
less than one (1) acre but are part of a larger common plan of development or
sale that is greater than one (1) acre must also apply for coverage under the
General Stormwater Permit for Construction Activity with the SWRCB.
“Construction activity” includes, but is not limited to,clearing, grading, demolition,
excavation, construction of new structures, and reconstruction of existing facilities
involving removal and replacement that results in soil disturbance. The owner of
the land where the construction activity is occurring is responsible for obtaining
coverage under the permit. Owners may obtain coverage under the General
Permit by completing a “Notice of Intent” form (NOI) and mailing the form along
with a vicinity map and the appropriate fee to the office of the SWRCB. The NOI
form and checklist of items to submit to the state is available from the SWRCB. In
addition, the owner shall also prepare a Stormwater Pollution Prevention Plan
(SWPPP) in accordance with state requirements.
B.Prior to obtaining any city-issued grading and/or construction permits the
developer/owner shall provide evidence of compliance with the General
Construction Permit by providing a copy of the Waste Discharger's Identification
Number (WDID) to the Building & Safety/Public Works Department.
13.20.280 -Non-stormwater discharges.
A.Discharges of non-stormwater from construction activities are generally
prohibited except for those discharges listed in Section 13.20.110 of this chapter
or any discharges authorized by the Director of Building & Safety/Public Works
or the Regional Water Quality Control Board (RWQCB). The city and the
RWQCB will allow the discharge of certain non-stormwater discharges from
construction sites, provided they are in compliance with the discharge limitations
specified in the current General Waste Discharge Requirements for De Minimus
Discharges issued by the RWQCB, Santa Ana Region.
B.The following discharges are authorized provided they are in compliance with the
permit:
1.Construction dewatering wastes.
2.Wastes associated with well installation, development, test pumping and
purging.
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3.Aquifer testing wastes.
4.Dewatering wastes from subterranean seepage, except for discharges from
utility company vaults.
5.Discharges resulting from hydrostatic testing, such as of vessels, pipelines,
tanks.
6.Discharges resulting from the maintenance of potable water supply pipelines,
tanks, and reservoirs.
7.Discharges resulting from the disinfection of potable water supply pipelines,
tanks, and reservoirs.
8.Discharges from potable water supply systems resulting from system failures
and pressure releases.
9.Discharges from fire hydrant testing or flushing.
13.20.290 -Non-stormwater discharge reporting requirements.
Authorized non-stormwater discharges under Section 13.20.280 shall be reported to
the Director of Building & Safety/Public Works at least five (5) days prior to a planned
discharge. Unplanned discharges of non-stormwater into the city's storm drainage
system shall be reported as soon as possible and before any discharge is initiated.
Monitoring may also be required for these discharges. A report shall be submitted prior
to discharge which includes the following information:
A.Type of proposed discharge.
B.Estimated average and maximum daily flow rate.
C.Frequency and duration of discharge.
D.A description of the proposed treatment system (if appropriate).
E.A description of the path from the point of discharge to the nearest storm drain
inlet. All discharges shall be monitored daily for flow volume and shall be
recorded in a daily log by the person responsible for the discharge. Discharges
shall also be sampled during the first thirty (30) minutes of each discharge and
weekly thereafter for continuous discharges for chlorine and total suspended
solids. Monitoring data for flow, chlorine and suspended solids and any other
required constituents shall be reported to the City Director of Building &
Safety/Public Works Department, Environmental section on a weekly basis.
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13.20.300 -Best management Practices (BMPs).
All construction projects which could potentially have an adverse impact on the city's
stormwater drainage system or waters of the state shall install and/or implement
appropriate construction and post-construction BMPs, as listed in their SWQMP or the
“California Stormwater Best Management Practice Handbook”, to reduce pollutants to
the maximum extent practicable or to the extent required by law.
13.20.310 -WQMP transfer, access, and maintenance agreement.
The City Manager or his or her designee is authorized to sign all water quality
management plan access, transfer and maintenance agreement documents entered into
by the city with project proponents for the on-going and long-term maintenance of all
approved stormwater treatment devices, structures and administrative policies designed
to minimize the detrimental effects of new development projects on receiving waters,
including effects caused by increased pollutant loads and changes in hydrology.
ARTICLE VI.Enforcement Remedies
13.20.320 -Notice of correction.
Whenever the Director of Building & Safety/Public Works finds that any discharger
has the potential to violate or has already violated any prohibition, limitation or
requirement contained in this chapter, any NPDES stormwater permit or the Basin Plan,
the city may serve upon such person a written Notice of Correction stating the nature of
the violation and the necessary actions that must be implemented to correct the
situation. The Notice of Correction shall stipulate a time period by which the problem
must be corrected and the penalties for non-compliance.
13.20.330 -Notice of violation.
When the Director of Building & Safety/Public Works finds that any discharger has
failed to comply with a Notice of Correction or has violated or continues to violate any
prohibition, limitation or requirement contained in this chapter, any NPDES stormwater
permit, the city may serve upon such person a written Notice of Violation stating the
nature of the violation and the penalties for non-compliance. At a minimum, the Notice of
Violation shall require that the discharger submit to the Director of Building &
Safety/Public Works, within a time period specified in the notice, which shall not be less
than ten (10) working days unless an emergency situation dictated a shorter period, a
plan indicating the cause of the violation and corrective actions which will be taken to
prevent recurrence. A discharger shall be guilty of a separate offense for every day
during any portion of which any violation of any provision of this chapter is committed,
continued, or permitted by the discharger. Pursuant to Sections 36900(b) and 53069.4 of
the California Government Code, the following violation assessments will apply to the
issuance of a Notice of Violation by the Director of Building & Safety/Public Works:
A.A first Notice of Violation shall be issued for a first violation of this chapter and
shall be punishable by a fine not exceeding one hundred dollars ($100.00).
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B.A second Notice of Violation shall be issued for a second violation of this same
ordinance within one year and shall be punishable by a fine not exceeding two
hundred dollars ($200.00).
C.A third Notice of Violation shall be issued for a third violation of this same
ordinance within one (1) year and shall be punishable by a fine not exceeding
five hundred dollars ($500.00). Each additional violation of the same ordinance
within one (1)year shall also be punishable by a fine of five hundred dollars
($500.00).
13.20.340 -Administrative orders.
The Director of Building & Safety/Public Works may require compliance with any
prohibition, limitation or requirement contained in this chapter, any NPDES stormwater
permit, by issuing an Administrative Order, enforceable in a court of law or by directly
seeking court action. Administrative orders may include Compliance Orders, Stop Work
Orders, Cease and Desist Orders, Termination of Service Orders and Immediate
Termination of Service Orders.
A.Compliance orders.The Director of Building & Safety/Public Works may issue a
Compliance Order to any discharger who fails to correct a violation of this
chapter, any NPDES stormwater permit. The order shall be in writing, specify the
violation(s) and require appropriate compliance measures within a specified time
period. The Compliance Order may include the following terms and
requirements:
1.Specific steps and time schedules for compliance as reasonably necessary to
eliminate an existing prohibited discharge or illegal connection or to prevent
the imminent threat of a prohibited discharge.
2.Specific requirements for containment, cleanup, removal, storage,installation
of overhead covering or proper disposal of any pollutant having the potential
to contact stormwater runoff.
3.Installation of stormwater treatment devices, containment structures, wash
racks and addition and removal of stormwater drains.
4.Any other terms or requirements reasonably calculated to prevent imminent
threat of or continuing violations of this chapter, including, but not limited to
requirements for compliance with best management practices guidance
documents promulgated by any federal, state or regional agency.
The Director of Building & Safety/Public Works may adopt a proposed
compliance schedule submitted by the user or may adopt a revised compliance
schedule if in his or her judgment, the proposed compliance schedule would
allow the user to cause harm to the receiving waters and/or the city's storm
drainage system.
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A Compliance Order shall require the discharger to pay a one thousand dollar
($1,000) penalty fee to the city for the issuance thereof.
B.Stop work order.The Director of Building & Safety/Public Works or Building
Official may serve a written Stop Work Order on any person engaged in doing or
causing to be done, new construction, tenant improvements, alterations or
additions, if:
1.No construction permit has been granted by the city;
2.Work has begun prior to the submittal of a written Stormwater Quality
Management Plan (SWQMP) and subsequent approval by the Director of
Building & Safety/Public Works; or,
3.Violations of this article are found at the site of the new construction,
tenant improvements, alterations or additions.
Any person served a Stop Work Order shall stop such work forthwith until
written authorization to continue is received from the Director of Building &
Safety/Public Works or Building Official. A Stop Work Order shall require the
discharger to pay a one thousand dollar ($1,000) penalty fee to the city for the
issuance thereof.
C.Cease and desist order. When the Director of Building & Safety/Public Works
finds that any industrial and/or commercial discharger has violated or threatens
to violate any prohibition, limitation or requirement contained in this chapter,
any NPDES stormwater permit or the Basin Plan, or NPDES Stormwater Permit,
the city may issue a Cease and Desist Order directing the discharger to:
1.Immediately discontinue any illicit connection or prohibited discharge to the
city's stormwater drainage system;
2.Immediately contain or divert any flow of water off the property, where the
flow is occurring in violation of any provision of this chapter;
3.Immediately discontinue any other violation of this chapter.
A Cease and Desist Order shall require the discharger to pay a one thousand
dollar ($1,000) penalty fee to the city for the issuance thereof.
D.Termination of service. When the Director of Building & Safety/Public Works finds
any industrial and/or commercial discharger, who has a direct connection into the
city's stormwater drainage system or has violated an Administrative Order, the
Director of Building & Safety/ Public Works may terminate storm drain service
to the discharger. The discharger shall be liable for all costs for termination of
storm drain service incurred by the city. This provision is in addition to any other
statues, rules or regulations authorizing termination of service for delinquency
payment or for any other reasons. Storm drain service shall be re-instituted by
the Director of Building & Safety/Public Works after the discharger has complied
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with all the provisions of the Administrative Order. The discharger shall also be
liable for all costs for re-instituting storm drain service.
E.Immediate termination of service.The Director of Building & Safety/Public Works
may immediately suspend storm drain service and any non-stormwater discharge
permit when such suspension is necessary, in the opinion of the Director of
Building & Safety/Public Works, to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to the health
or welfare of persons or the environment, or which significantly or could
significantly cause pollution to the receiving waters, ground and/or storm
drainage system of the city. Any industrial and/or commercial discharger notified
that their storm drain service has been suspended shall immediately cease and
eliminate the discharge into the city’s stormwater drainage system.
In the event of failure to comply voluntarily with a Termination of Service Order, the
Director of Building & Safety/Public Works shall take appropriate steps, including
immediate severance of all applicable storm drain connections. All persons responsible
for a discharge that may endanger the health or welfare of the community or the
environment shall be liable for all costs incurred by the city in terminating storm drain
service. Storm drain service shall be re-instituted by the Director of Building &
Safety/Public Works after the actual or threatened discharge has been eliminated. A
detailed written statement, submitted by the industrial and/or commercial discharger,
describing the cause of the harmful contribution and the measures to prevent any future
occurrence, shall be submitted to the Director of Building & Safety/Public Works within
ten (10) working days of the date of storm drain service termination.
13.20.350 -Administrative hearing.
A.Any discharger may request, or the Director of Building & Safety/Public Works
may order, an administrative hearing, at which time, a discharger who causes or
allows, or who has caused or allowed, an unauthorized discharge to enter into the
city's stormwater drainage system or who continues to allow a violation of this
chapter to exist, may show cause why a proposed enforcement action should not
be taken against him. The City Manager, or the City Manager's designee, shall
preside over the administrative hearing,at which time each party, including the
discharger and the Director of Building & Safety/Public Works, shall have the right
to present evidence.
B.A Notice of Hearing shall be served on the discharger specifying the time and
place of the hearing and referencing the specific violation and/or violations of this
chapter, the reasons why the action is to be taken and the proposed enforcement
action, directing the discharger to show cause before the Hearing Officer why the
proposed enforcement action should not be taken. The Notice of Hearing shall be
served personally or by registered or certified mail, return receipt requested at
least ten (10) working days prior to the hearing. Service of the Notice of Hearing
may be made on any agent or officer of the discharger.
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13.20.360 -Compensation for damages.
Any person who damages monitoring equipment, has the potential to affect or affects
human health or the environment, discharges pollutants into the city's storm drainage
system which causes or has the potential to cause increased maintenance of the
system, non-routine inspection or sampling of the system, system blockages or other
damage or interference in the city's stormwater drainage system, or causes any other
damages, including the imposition of fines or penalties on the city by federal, state or
local regulatory agencies, shall be liable to the city for all damages and additional costs,
including fines and penalties. An administrative fee, which shall be fixed by the City
Manager based on the city's current overhead cost allocation percentage, shall be added
to these charges and shall be payable to the city within thirty (30) calendar days of
invoicing.
13.20.370 -Appeals.
Any decision of the Director of Building & Safety/Public Works may be appealed. An
appeal must be initiated within ten (10) working days after receipt of the notice of any
decision or action by filing, with the Director of Building & Safety/Public Works, a letter of
appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be
held on a date no more than fifteen (15) working days after receipt of the letter of appeal.
The appellant shall be given at least five (5) working days notice of the time and place of
the hearing. The City Manager, or the City Manager's designee, shall provide the
appellant and any other interested party the reasonable opportunity to be heard and in
order to show cause why the determination of Director of Building & Safety/Public Works
should not be upheld. Within forty-five (45) working days of the hearing, the City
Manager, or the City Manager's designee, shall make a written decision regarding the
appeal. The decision of the City Manager, or the City Manager's designee, shall be final.
The imposition of fines or penalties shall be stayed during the appeal period unless the
Director of Building & Safety/Public Works determines that such a stay would threaten
the public safety, health or welfare.
13.20.380 -Violations deemed a public nuisance.
A.In addition to the penalties established by this chapter, any threat to public health,
safety or welfare shall be declared and deemed a public nuisance. Such public
nuisance may be summarily abated and/or remedied by the Director of Building &
Safety/Public Works, and/or civil action to abate,enjoin or otherwise compel the
cessation of such nuisance may be taken by the city.
B.The cost of such abatement, remediation and/or restoration shall be borne by the
owner, lessee or tenant of the property causing the violation. The cost thereof
shall be a lien upon and against the property and such lien shall continue in
existence until the same shall be paid.
13.20.390 -Legal action.
A.The city may commence an action for appropriate legal, equitable,or injunctive
relief against any person who has violated or continues to violate any provision of
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this chapter;federal, state, or regional discharge standards; permit conditions;or
the requirements of any Administrative Order.
B.In addition to the penalties provided in this chapter, the city may recover all
reasonable attorneys’fees, court costs, court reporter's fees, expenses of
litigation by appropriate suit of law against the person(s) found to have violated
any provision of this chapter or the orders, rules, regulations and permits issued
or enforced thereunder,and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost of any actual
damages incurred by the city.
13.20.400 -Civil penalties.
A.Persons who continue to violate any provision of this chapter shall be liable to the
city for a maximum civil penalty of twenty-five thousand dollars ($25,000) but not
less than three thousand dollars ($3,000) per violation per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue for
each day during the period of the violation.
B.In determining the amount of civil liability, the court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration of the violation,any economic
benefit gained through the discharger's violation, corrective actions by the
discharger, the compliance history of the discharger, and any factor as justice
requires.
C.Filing a suit for civil penalties shall not be a bar against, or a prerequisite for
taking any other action against a discharger. The city may institute further legal
action to collect such penalties in the event that the violator of this chapter fails
or refuses to pay said penalty within thirty (30) days from the date that it has
been assessed.
13.20.410 -Criminal prosecution.
A.Any person who willfully or negligently violates any provision of this chapter or
permit conditions, or who violates any Administrative Order or any other provision
of this chapter is guilty of a misdemeanor, which, upon conviction, is punishable
by a fine of not less than three thousand dollars ($3,000) and/or by imprisonment
for a period of not more than six (6) months. Each such person shall be deemed
guilty of a separate offense for every day during any portion of which any violation
of any provisions of this chapter is committed, continued or permitted by such
discharger, and shall be punishable therefore as provided by this section.
B.Any person who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
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13.20.420 -Falsifying information.
Any person who knowingly makes any false statement, representation, record, report,
plan or other document filed with the city, or who falsifies, tampers with or knowingly
renders inaccurate monitoring devices or methods required under this chapter, shall
have violated this chapter and shall be guilty of a misdemeanor.
SECTION 3.The City Council declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases or portions of it be
declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared
invalid or unconstitutional, then all other provisions shall remain valid and enforceable.
SECTION 4.This ordinance shall take effect thirty days from the date of adoption.
SECTION 5.First read at a regular meeting of the City Council held on the 27th day
of March, 2012 and finally adopted and ordered posted at a regular meeting of said City Council
on the 10th day of April, 2012.
ATTEST:
__________________________________________________________
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
and of the City Council thereof and of the City Council thereof
I,Tracey Martinez, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council on the 27th of
March 2012, and adopted at a regular meeting of the City Council of the City of Grand Terrace
held on the 10th day of April 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tracey Martinez, City Clerk
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Approved as to form:
________________________________
Richard L. Adams, City Attorney
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