07/10/2012CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA • JULY 10, 2012
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 5/10/2012 12:07 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 -Pastor Jared Wright, Azure Hills Seventh-Day Adventist Church
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
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.Waive Full Reading of Full Ordinances on Agenda
Agenda Grand Terrace City Council July 10, 2012
City of Grand Terrace Page 2 Updated 5/10/2012 12:07 PM
B.Approval of Minutes –Special Meeting –06/12/2012
C.Approval of Minutes –Regular Meeting –06/12/2012
D.Approval of Minutes –Special Meeting –06/26/2012
E.Approval of Minutes –Regular Meeting –06/26/2012
F.Approval of Notice of Completion for Access Barrier Removal at City Hall
G.Approval of Household Hazardous Waste Collection Management Agreement with the San Bernardino
County Fire Protection District
H.Approval of Check Register No. 07-10-2012
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
A.Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code
Section 65858, Temporarily Prohibiting the Establishment or Expansion of Adult Businesses
7.UNFINISHED BUSINESS
8.NEW BUSINESS
A.Community Emergency Response Team (C.E.R.T.) Executive Committee and Crime Prevention
Committee Member Appointments
B.City Council Adoption of a Resolution to Initiate and Consent to the Reversion to Acreage of 19
Recorded Lots on 2.55 Acres Owned by the City of Grand Terrace into One Lot for Park Purposes
9.CLOSED SESSION
ADJOURN
A.The Next Regular City Council Meeting will be held on Tuesday, July 24, 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.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES • JUNE 12, 2012
Council Chambers Special Meeting 4:45 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 5/10/2012 12:07 PM
CALL TO ORDER
Convene Special City Council Meeting at 4:45 p.m.
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Lee Ann Garcia Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Bernardo Sandoval Councilman Present
Gene Hays Councilman Present
Tracey Martinez City Clerk Present
1.PUBLIC COMMENT
2.CLOSED SESSION
A.Public Employee Performance Evaluation Per Government Code Section 54957 (B) Title: City Manager
The Council met in Closed Session for a Public Employee Evaluation Per Government Code Section
54957 (B) Title: City Manager. It was reported that the final reviews of all of the Council Members will be
discussed at the June 26, 2012, City Council Meeting in Closed Session. Council will be presenting the
formal review at the July 24, 2012 City Council Meeting.
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, June 12, 2012 at 6:00 PM.
MAYOR of the City of Grand Terrace CITY CLERK of the City of Grand Terrace
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES • JUNE 12, 2012
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 5/10/2012 12:07 PM
CALL TO ORDER
Convene City Council and City Council as the Successor Agency to the Community Redevelopment
Agency
Invocation -Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church
Pledge of Allegiance -Councilman Gen Hays
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Lee Ann Garcia Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Bernardo Sandoval Councilman Present
Gene Hays Councilman Present
Betsy Adams City Manager Present
Bernie Simon Finance Director Present
Joyce Powers Community and Economic Development Director Present
Richard Shields Director of Building & Safety/Public Works Present
Tracey Martinez City Clerk Present
Richard Adams City Attorney Present
Manny Gonzales San Bernardino County Sheriff's Department Present
Ed Finneran San Bernardino County Sheriff's Department Present
Rick McClintcock San Bernardino County Fire Department Present
1.ITEMS TO DELETE
2.SPECIAL PRESENTATIONS
A.Grand Terrace High School Update -Colton Joint Unified School District
A presentation was given on the new Grand Terrace High School.
B.State of California 63rd Assembly District Woman of Distinction Recognition
Council recognized the following 5 woman from Grand Terrace that were honored at the annual 63rd
Assembly District Woman of Distinction Luncheon:
Pat Nix, Woman of the Year
Louise Lunstrum
Arlene Weaver
Debra Hurst
Virginia Castillo
Penny Radtke
Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church
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Minutes Grand Terrace City Council June 12, 2012
City of Grand Terrace Page 2 Updated 5/10/2012 12:07 PM
Presented the City with a check in the amount of $2,500.00 for the Paramedic Fund.
3.CONSENT CALENDAR
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Darcy McNaboe, Councilwoman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
A.Waive Full Reading of Full Ordinances on Agenda
B.Approval of Minutes –Regular Meeting –05/22/2012
C.2012-2013 Landscape & Lighting Assessment District 89-1 -Initiation of Proceedings for the Annual Levy
of Assessment and Set a Public Hearing
D.Acceptance of Final Parcel Map No. 19131, Approval of Subdivision Agreement and Acceptance of Site
Improvement Performance Bond
ITEM REMOVED FROM THE CONSENT CALENDAR
E.Approval of Check Register No. 06-12-2012
RESULT:APPROVED [UNANIMOUS]
MOVER:Bernardo Sandoval, Councilman
SECONDER:Lee Ann Garcia, Darcy McNaboe
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
4.PUBLIC COMMENT
JoAnn Johnson
Presented a check in the amount of $500.00 from the Grand Terrace Seniors and a check in the amount
of $1,000.00 from herself to the Veteran's Memorial.
Mike Avila
Expressed his concern with Richard Rollins Park not being locked at night. He is concerned with
vandalism and other safety issues. He offered to volunteer to lock the park himself. He also expressed
his concern that there is not a flag flying on the flag pole at the park.
Sally McGuire
On behalf of the Foundation of Grand Terrace and the Chamber of Commerce, she thanked everyone for
their participation in Grand Terrace Community Days. There were many volunteers that helped make the
event a success. She gave a special thank you to the Grand Terrace Football Team for all of their help.
Grand Terrace Community Day t-shirts are on sale for $10, all proceeds will go to the Paramedic Fund.
Food Connection will be doing a fundraiser for the Paramedic Fund. With the flyer, 30% of every ticket
between June 11th and 16th will go towards the Paramedic Fund. The Chamber Installation Dinner will
be held on June 28 and she encouraged everyone to attend.
Harold Strauss
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Minutes Grand Terrace City Council June 12, 2012
City of Grand Terrace Page 3 Updated 5/10/2012 12:07 PM
Head Football Coach and Teacher, Grand Terrace High School, reported that they held their first Booster
Club meeting. They are currently selling discount cards at $10 each. They have had great support and
enthusiasm for this fundraiser. With the budget cuts, the football program is trying to help the school by
being self sufficient, it takes a lot of money to run a football program. Staff and other individuals are
stepping up and doing their part. He inquired about the possibility of the football program being allowed
to participate in the fireworks stands and the possibility of adding another booth if not this year, next year.
He indicated that every school has to have a concussion program in place. He reported that Wells Fargo
has put together a partnership program called "Play it Safe Concussion Care Program". With this
program they do baseline testing, before they begin playing. He reported that the cost is $900.00 for the
season or $1,650.00 for the whole year, which would cover approximately 150 students. They are
seeking financial help for this program. Donations will be accepted by the Grand Terrace High School
Booster Club.
City Manager Betsy Adams
Indicated that the fireworks issue will need to be agendized for a future meeting.
5.COUNCIL REPORTS
Councilmember Barnardo Sandoval
Reported that Coach Strauss built a great academic program at Colton High School and the students
were able to succeed because of the program that he put in place. Grand Terrace is getting a complete
high school and that is great news. Many people fought long and hard for this high school and we are
fortunate to get it. He thanked the people of Grand Terrace for the difference that they make. Grand
Terrace Community Day was a great event. There were so many people that worked hard to put on a
great event. It's not government or the Council that makes Grand Terrace great, it's the people.
Councilmember Gene Hays
There is a lot of enthusiasm going on throughout the community. He feels that the new high school is
going to be awesome and the new football program will be kicked off in late August. He feels that the
school will have no problem raising funds for the concussion program. He will do his part in trying to raise
funds. Grand Terrace Community Day was a great event. He made an observation that teenagers in
town have nothing to do. He feels that the City needs to focus on implementing youth programs. He
would like to see some type of community center with computers, tutoring etc. Other cities have these
types of programs. He challenged the Council to put their heads together and figure out what they can do
to make this a reality.
Councilmember Darcy McNaboe
Stated that the Foundation of Grand Terrace has accepted Councilmember Hays' challenge. One of their
sub-committees is a Youth Services Committee. One of the things that they were doing at Community
Day was collecting input on what types of Community Programs they would like to see for the youth. She
feels that Community Day was wonderful and it showed what the community volunteers in the City can
do. She hopes that we as a City will work in a partnership with these local groups and define ways in
which everyone can work together to provide services in a volunteer fashion. She thanked the countless
volunteers that helped make Grand Terrace Community Day a success. She questioned the stairs that
were installed as part of the handicap access barrier removal project.
Building and Safety/Public Works Director Richard Shields
Responded that there are other individuals that may have a handicap other that those who are in wheel
chairs. The design was looked at by an California Certified Accessibility Specialist.
Councilmember McNaboe
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Minutes Grand Terrace City Council June 12, 2012
City of Grand Terrace Page 4 Updated 5/10/2012 12:07 PM
Noticed new construction at Terrace View Elementary School, expanding their parking facilities. She
questioned if there will be a stop sign installed at Main Street and Mt. Vernon Avenue.
Building and Safety/Public Works Director Shields
Responded in the affirmative.
Councilmember McNaboe
Thanked everyone that attended the Pancake Breakfast and for all of their support.
Mayor Pro Tem Lee Ann Garcia
Thanked Coach Strauss for coming to the Meeting and stated she is so proud of the football players. She
stated that the Council is here to work with the community and they may not always know what the needs
of the community may be. She would like to connect with the groups to help make them feel engaged
and connected to the community. There are a lot of needs out there and working together to care of
these needs is an amazing thing.
Mayor Walt Stanckiewitz
Thanked the team for coming to the meeting. Grand Terrace Days was a great event and it was a lot of
fun. He congratulated the Woman of Distinction, especially Pat Nix. He reported that June 14 is Flag
Day and encouraged everyone to fly their flag. He announced that the Council is required to follow the
Brown Act, however, the Governor is exempt from following the Brown Act and they are meeting behind
closed doors. The State will be required to adopt a budget by July 1, 2012.
6.PUBLIC HEARINGS
7.UNFINISHED BUSINESS
A.Zone Change 12-01 and Zoning Code Amendment 12-01
Adopt an Ordinance adopting a Zone Change 12-01 to Re-Zone 0.81 Acres from R3 Medium Density
Residential to R3-High Density Residential and Zoning Code Amendment 12-01 Revising Title 18 of the
Municipal Code.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Darcy McNaboe, Councilwoman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
8.NEW BUSINESS
A.Planning Commission and Committee Appointments by the City Council
It was the consensus of the Council to take no action on this item at this time. Council directed staff look
into whether or not the Committees would like to bring forward formal reports to the Council and to bring
that information forward to the Council at a future meeting when setting policy for Commission and
Committee appointments and to also consider changing the expiration of the terms.
Doug Wilson
Indicated that he is a huge proponent of local government. He feels that consistency is important and
that Commissions and Committees should not be treated differently and that the appointment policy
should be the same.
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Minutes Grand Terrace City Council June 12, 2012
City of Grand Terrace Page 5 Updated 5/10/2012 12:07 PM
B.Approve Professional Services Contract with RSG
Approve the Professional Services Contract with Rosenow Spevacek Group, Inc., to provide Successor
Agency with assistance to prepare required reports and assemble tax allocation (tax increment)
information and calculation of certain pass-throughs not done by San Bernardino County Auditor
Controller.
RESULT:APPROVED [UNANIMOUS]
MOVER:Bernardo Sandoval, Councilman
SECONDER:Lee Ann Garcia, Mayor Pro Tem
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
C.Approve Contract for Audit Services
To award the contract to the current auditor, Rogers Anderson Malody Scott, and directed staff to go out
to bid next year for auditing services.
RESULT:APPROVED [UNANIMOUS]
MOVER:Gene Hays, Councilman
SECONDER:Darcy McNaboe, Councilwoman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
D.Adopt Resolution Authorizing Successor Agency to Use Unencumbered Successor Agency Fund Balance
to Fund ROPS II Obligations 7/1/2012 to 12/31/2012
Adopt a Resolution Authorizing the Successor Agency to Use Unencumbered Successor Agency Fund
Balance as Needed to Fund Projected Deficiency in (ROPS II) Recognized Obligations Payment
Schedule for Period July 1, 2012 to December 31, 2012.
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
E.Child Care Service Fees for FY 2012-2013
It was the consensus of the Council to move forward with the increase in the Child Care Service Fees.
F.Proposed Budget for Fiscal Year 2012-13
It was the consensus of the Council to direct staff to move forward with the budget as presented, place
the RDA Loan payment at the top of the list for the delayed payments and begin a reserve account for the
accrual liabilities.
9.CLOSED SESSION
A.Employee Negotiations -Labor Negotiations Per Government Code 54957.6 City Labor Negotiator -
Betsy Adams, City Manager -Negotiated with -All Unrepresented Employees
Council met in Closed Session to discuss Labor Negotiations per Government Code 54957.6, no
reportable action taken.
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Minutes Grand Terrace City Council June 12, 2012
City of Grand Terrace Page 6 Updated 5/10/2012 12:07 PM
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, June 26, 2012 at 6:00 PM.
MAYOR of the City of Grand Terrace CITY CLERK of the City of Grand Terrace
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES • JUNE 26, 2012
Council Chambers Special Meeting 5:00 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 7/2/2012 3:16 PM
CALL TO ORDER
Convene the Special City Council Meeting
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Lee Ann Garcia Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Bernardo Sandoval Councilman Present
Gene Hays Councilman Present
Betsy Adams City Manager Present
Richard Adams City Attorney Present
Tracey Martinez City Clerk Present
1.PUBLIC COMMENT
2.CLOSED SESSION
A.Conference with Legal Counsel -Initiation of Litigation Pursuant to Government Code 54956.9 (c)
Council met in Closed Session regarding Initiation of Litigation per Government Code 54956.9 (c) and
read the following statement:
On September 13, 2011, the City Council reported out of Closed Session that the City was being audited
by the Internal Revenue Service. This evening, as a part of the Council's open session agenda, the
Council will vote on a settlement agreement with the IRS for the 2009 tax year. In Closed Session, the
City Council met with the City Attorney to discuss the initiation of litigation for potential cost recovery
related to the aforementioned settlement agreement. The City Council received a briefing on the matter
and took no action at this time.
B.Employee Negotiations -Labor Negotiations Pursuant to Government Code 54957.6 City Labor
Negotiator -Betsy Adams, City Manager -Negotiated with -All Unrepresented Employees
Mayor Stanckiewitz met in Closed Session to discuss Employee Negotiations per Government Code
54957.6 and there was no reportable action taken.
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, June 26, 2012 at 6:00 PM.
MAYOR of the City of Grand Terrace CITY CLERK of the City of Grand Terrace
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES • JUNE 26, 2012
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 5/10/2012 12:07 PM
CALL TO ORDER
Convene City Council and City Council as the Successor Agency to the Community Redevelopment
Agency
Invocation -Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church
Pledge of Allegiance -City Attorney Richard Adams
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Lee Ann Garcia Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Bernardo Sandoval Councilman Present
Gene Hays Councilman Present
Betsy Adams City Manager Present
Bernie Simon Finance Director Present
Joyce Powers Community and Economic Development Director Present
Richard Shields Director of Building & Safety/Public Works Present
Tracey Martinez City Clerk Present
Richard Adams City Attorney Present
Manny Gonzales San Bernardino County Sheriff's Department Present
Ed Finneran San Bernardino County Sheriff's Department Present
1.ITEMS TO DELETE
2.SPECIAL PRESENTATIONS
A.City Hall Volunteer Recognition (Stephanie Mercado & Beth Hartley)
The City Council presented Stephanie Mercado and Beth Hartley with certificates of recognition for their
numerous hours of service that they have volunteered to the City of Grand Terrace.
PLANNING COMMISSION INTERVIEWS AND APPOINTMENTS
The three individuals that applied for the Planning Commission Positions will be interviewed in the
following order:
Doug Wilson
Tom Comstock
Bill Hussey
Mr. Wilson and Mr. Comstock were both interviewed. Mr. Hussey withdrew his application prior to his
interview.
Darryl Moore
3.E
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 2 Updated 5/10/2012 12:07 PM
Stated that he feels the existing Planning Commission does an excellent job and does not want to see
any changes on it.
Norman Wright
Supports the reappointment of Doug Wilson to the Planning Commission.
Don Smith
Endorsed the reappointment of Doug Wilson for the Planning Commission.
Frank Tetley
Supports the reappointment of the current Planning Commissioners, Doug Wilson and Tom Comstock.
Jeffrey McConnell
Supports the reappointment of Tom Comstock and Doug Wilson
Denis Kidd
Supports the reappointment of the current Commissioners, Doug Wilson and Tom Comstock.
Motion:Planning Commission Appointment
To reappoint Doug Wilson and Tom Comstock to the Planning Commission with a term continuing to
June 30, 2016.
RESULT:ADOPTED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Lee Ann Garcia, Mayor Pro Tem
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
3.CONSENT CALENDAR
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Bernardo Sandoval, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
A.Waive Full Reading of Full Ordinances on Agenda
B.Approval of Minutes –Special Meeting –06/07/2012
C.Notice of Completion for the Demolition of 21974 De Berry Street Owned by the Successor Agency
D.Calling for General Municipal Election -November 6, 2012
E.Notice of Completion for City Hall Lighting Retrofit
F.Accept Community Emergency Response Team (C.E.R.T.) Minutes of 03-06-2012, 04-03-2012, and 05-
01-2012
G.Accept Historical and Cultural Activities Committee Minutes of 05-07-2012
3.E
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 3 Updated 5/10/2012 12:07 PM
H.Accept Crime Prevention Committee Minutes of 05-14-2012
I.Approval of Check Register No. 06-26-2012
4.PUBLIC COMMENT
Bobbie Forbes
Thanked Tom Comstock and Doug Wilson for their time. She encouraged residents to subscribe to
crimemapping.com so they can follow the crimes that are going on in town. Scrapping is going on in town
and it's a problem that is not just in Grand Terrace but everywhere. She feels that the community needs
to pay attention. She thanked those who put up the pet lost and found signs in town but requested that
they take them down and the same for the garage sale signs.
David Radtke
Reminded everyone that the Grand Terrace Lion's Club will be hosting the Movie in the Park program
which will be held on July 7, 2012. The feedback has been very positive and he thanked the Council and
staff for their support.
Sylvia Robles
Stated that the Lions are at the meeting because of the sign project that is going to be discussed later on
the agenda and feels that it should be recognized. She feels that it is a shame that Mr. Hussey did not
finish the process with the Planning Commission interviews. She follows crime mapping and indicated
that crime is becoming more intense. As a community, we are going to have to find a concensus and in
order to do that we are going to have to hear each other out.
Sally McGuire
Announced that Dr. Robert Jung is the Business of the Month. He has been in business in the City of
Grand Terrace for 29 years and a long time Chamber of Commerce member. She presented the City
with a check in the amount of $250.00 from the Food Connection for the Paramedic Fund that they raised
in their week long fundraiser. She reminded everyone that the Installation Dinner wil be held on
Thursday, June 28. There will be a Chamber Mixer on July 7th at Blue Mountain Beer Company. She
spoke to Grand Terrace Care Center about doing some fundraising for the Paramedic Fund and they
would like to team up with the firemen and do a bbq. Tickets will be $5.00 any money that is raised they
will match the funds. It is tentatively set for July 11. She also spoke to Emeritus regarding them donating
some funds and is waiting to hear form them.
5.COUNCIL REPORTS
Councilmember Gene Hays
Thanked the Seniors for reporting the crime in their monthly newsletter. He encouraged residents to
install an alarm system in their homes and to be aware of what is going on in the community. He thanked
the Chamber of Commerce for the business expo and Community Days.
Councilmember Darcy McNaboe
Wished everyone a Happy 4th of July.
Councilmember Bernardo Sandoval
Thanked the Lions Club for the movie in the park program. It is important to recognize that these types of
activities are going to require more and more volunteers. He thanked everyone who volunteered their
time and efforts to put the event on. He announced that Robert Armenta resigned from the Colton Joint
Unified School District. He was one of the key people in getting the new high school in Grand Terrace
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 4 Updated 5/10/2012 12:07 PM
named. He encouraged residents to support Tobin Brinker to apply for the board. Wished everyone a
great 4th of July.
Mayor Pro Tem Lee Ann Garcia
Reported that a flyer is available at the front counter for swim programs in surrounding cities. The
Chamber Luncheon that was held on June 19 was well attended. The Chamber Installation Dinner will be
held on Thursday, June 28, 2012. She announced that the Foundation of Grand Terrace is targeting the
youth. Teens of the community need something to do. She encouraged residents to contact the Sheriff's
Department if they see anything suspicious. She wished everyone a happy 4th of July.
Mayor Walt Stanckiewitz
Wished everyone a happy 4th of July.
6.PUBLIC HEARINGS
A.Special Assessments for Delinquent Non-Owner Occupied/Rental Property Program Fees and Fines
Approve a Resolution adopting a Report of Delinquent Non-Owner Occupied Rental Program Properties
Fees and Fines and Directing that such Delinquent Fees and Fines be Collected on the Tax Roll and be
Imposed as a Lien Upon the Property within the City of Grand Terrace with the amendments to Exhibit A
removing those who have paid the delinquent fees and fines to date.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Gene Hays, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
There was no one in the audience to protest the Assessment.
B.Protest Hearing for Placement of Special Assessment Liens for Delinquent Refuse Accounts.
Approve a Resolution Adopting a Report of Delinquent Refuse User Fees and Directing that Such
Delinquent Fees be Collected on the Tax Roll and be Imposed as a Lien Upon the Property with the City
of Grand Terrace with the addition of the Revised List of Noticed Property Owners.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Bernardo Sandoval, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
There was no one in the audience to protest the assessments.
C.Protest Hearing for Placement of Special Assessment Liens for Delinquent Sewer Accounts.
Approve a Resolution Adopting a Report of Delinquent Sewer User Fees and Directing that Such
Delinquent Fees be Collected on the Tax Roll and be Imposed as a Lien Upon Property within the City of
Grand Terrace.
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 5 Updated 5/10/2012 12:07 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
There was no one in the audience that protested the assessment.
D.2012-2013 Annual Levy of Assessment for the Landscape & Lighting Assessment District 89-1
Adopt a Resolution Confirming a Diagram and Assessment and Providing for Annual Assessment Levy
for a Landscaping and Street Lighting District.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Bernardo Sandoval, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
Mayor Stanckiewitz opened the Public Hearing for discussion, there being none, he returned discussion
to the Council.
7.UNFINISHED BUSINESS
A.Reconsider Contract for Audit Services
Approve a contract with Rogers Anderson Malody Scott for one year and solicit audit proposals next year.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Gene Hays, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
B.1) Adopt FY 2012-13 Budget Resolution and 2) Adopt Resolution Setting New Child Care Center Fees
Approve a Resolution Establishing Fees for the City of Grand Terrace Terrace Child Care Services,
approve a Resolution Adopting a Budget for Fiscal Year 2012-2013, direct the City Manager to implement
a spending freeze immediately and bring back to the City Council on July 24, 2012, or sooner any budget
implications from the State Legislature.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Darcy McNaboe, Councilwoman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
C.Sylvia Robles
Reported that she has been following as much legislation as she can with what is going on at the State
level. Local governments are a creation of the State. A City is delegated to do what the state gives you.
She feels that it is important to focus on core municipal services. We have to have serious dialogue and
there has to be a culture that works together.
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 6 Updated 5/10/2012 12:07 PM
8.NEW BUSINESS
A.Request to Approve in Concept the Installation of a Sign Structure for Recognized Community Service
Clubs
Support the concept proposed by the Woman's Club and the Lion's Club pending approval of the final
design and City Encroachment Permit.
RESULT:APPROVED [UNANIMOUS]
MOVER:Lee Ann Garcia, Mayor Pro Tem
SECONDER:Bernardo Sandoval, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
Denis Kidd
Indicated that he supports the concept of the sign. He would like the Friends of Blue Mountain to be
included.
Doug Wilson
Supports the concept of the sign. He feels that the material proposed in consistant with some of the other
signs in town and will last longer. He feels that it is important to recognize the service clubs in the
community.
Jeff McConnell
Supports the concept of the sign. He indicated that many towns have similar signs. The City should be
proud of their volunteers. He does feel that all service clubs and organizations be recognized not just
nationally recognized organizations.
Debbie Earl
Stated that this project has been a long time coming and thanked the Lion's Club for their participation.
B.Crime Prevention Committee Responsibilities
It was the consensus of the Council to hold a workshop in the month of August with the Crime Prevention
Committee, Sheriff's Department and the City Council to determine what the role of the committee should
be.
Manuel Baltierra
Indicated that the Committee has been working on a Mission Statement for the last few months. He feels
that there has been a lack of communication between the Committee and the Council. He indicated that
they have not been invited to the neighborhood watch programs. He would like to see the committee
continue and that he is committed to the Committee if the role of the committee is defined. He feels that
there is more to Crime Prevention Committee than Neighborhood Watch.
C.Reappointment of Committee Members
Reappoint the Committee Members who indicated that they would like to be reappointed to their
respective Committees.
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 7 Updated 5/10/2012 12:07 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Bernardo Sandoval, Councilman
SECONDER:Lee Ann Garcia, Mayor Pro Tem
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
D.Review and Approve a Proposed Facility Use Policy
It was the consensus of the Council to add the following to the Facility Use Policy:
-Add that the discount for the lighting fees will continue for one more year (August 2012 -August 2013)
and in the succeeding years they will be required to pay the full fee.
-Clarification will be added to the policy under the insurance requirements if a small group is utilizing the
Community Meeting Room for a small meeting with no extras, proof of insurance will not be required.
-Exceptions for grand-fathering groups should be within an agreement with the individual groups.
Council directed staff to meet with the individual sports groups to let them know what lighting fees they
can expect next year so that they can incorporate those fees in their budget. This item will be brought
back to the Council at their second meeting of July or first meeting of August.
Ryan Stephens
Expressed his concern with the insurance requirements and fees/deposits for the use of the community
meeting room proposed in the facility use policy.
Stephen Robertson
Indicated that Toastmasters has called Grand Terrace home for many years, however, with an increase in
fees for the use of the Community Meeting Room, they will be forced to look for another location.
Richard Loder
Expressed his disappointment with the staff report prepared by staff and the lack of communication
between staff and the leagues. He indicated that the leagues are willing to do their part but they do not
have lighting fees in their budget for this year.
Robert Sanchez
Stated that they would have liked an opportunity to participate in a workshop with regard to the proposed
facility use policy. He feels that soccer gives back a lot to the City and that some of their concerns and
issues may have been resolved in a workshop with the leagues and staff. He indicated that they have not
budgeted for the increase this year.
E.Settlement of Internal Revenue Service Assessment for Calendar Year 2009
Authorize the City Manager or the City's Tax Consultant to execute a settlement agreement (Form 2504)
with the Internal Revenue Service for the 2009 tax period and authorize a fund balance appropriation of
$58,815.16 from the General Fund for the payment required under the agreement.
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Minutes Grand Terrace City Council June 26, 2012
City of Grand Terrace Page 8 Updated 5/10/2012 12:07 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Gene Hays, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
9.CLOSED SESSION
Council met in closed session to discuss Employee Negotiations and General Direction was given to staff
with regard to retirement program reform.
Council also met in closed session to discuss the Performance Evaluation of the City Manager. The
Council is making progress and the summaries of their evaluation will be discussed during Closed
Session on July 24, 2012.
A.Employee Negotiations -Labor Negotiations Per Government Code 54957.6 City Labor Negotiator -
Betsy Adams, City Manager -Negotiated with -All Unrepresented Employees
B.Public Employee Performance Evaluation Per Government Code Section 54957 (B) Title: City Manager
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, July 10, 2012 at 6:00 PM.
MAYOR of the City of Grand Terrace CITY CLERK of the City of Grand Terrace
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AGENDA REPORT
MEETING DATE:July 10, 2012 Council Item
TITLE:Approval of Notice of Completion for Access Barrier
Removal at City Hall
PRESENTED BY:Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION:Approve the Notice of Completion for the City Hall Access
Barrier Removal and direct the City Clerk's Office to record
the Notice of Completion with the San Bernardino County
Recorders Office.
BACKGROUND:
In January 2010, Staff applied for a Community Development Block Grant to remove
architectural access barriers located at City Hall. On June 30, 2010, the Department of
Community Development and Housing notified the City that an allocation of $43,496
was awarded for the proposed access barrier removal project. Staff applied again in
2010 for additional CDBG funds and was awarded $9,566, bringing the total grant funds
awarded to $53,092.
DISCUSSION:
On April 10, 2012 the City Council approved a Contractor Agreement in the amount of
$45,592.77 to reconstruct two disabled parking stalls and the sidewalks leading to the
south entrance of City Hall. Staff also requested and received $1,957.17, in
contingency funds for the project. The project has been completed. A Notice of
Completion must be filed with the San Bernardino County Recorder’s Office.
FISCAL IMPACT:
Account No. 22-425-301 has been established for the CDBG funds in the amount of
$53,092. $7,550 has been spent for the design services. The final invoice for the
project totals $43,942.77.
ATTACHMENTS:
·NOC for handicap barrier removal
APPROVALS:
Richard Shields Completed 07/02/2012 11:41 AM
Finance Completed 07/02/2012 3:45 PM
City Attorney Completed 07/02/2012 3:52 PM
City Manager Completed 07/02/2012 5:20 PM
City Council Pending
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AGENDA REPORT
MEETING DATE:July 10, 2012 Council Item
TITLE:Approval of Household Hazardous Waste Collection
Management Agreement with the San Bernardino County
Fire Protection District
PRESENTED BY:Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION:Approve the Household Hazardous Waste Collection
Management Agreement with the San Bernardino
County Fire Protection District and direct the City
Manager to sign the Agreement.
BACKGROUND:
The California Public Resources Code (Section 47000 et seq.), requires cities and
counties to provide a Household Hazardous Waste Collection Program for the safe
collection, treatment and disposal of hazardous waste that is generated by households
in the City or County. This collection is separate from the solid waste stream.
San Bernardino County and twenty-two cities and two towns within the County have
entered into a countywide cooperation program for the collection and management of
household hazardous waste. The City of Grand Terrace has a current Hazardous Waste
Collection Management Agreement with the County because we do not own or operate
a household hazardous waste collection center.
DISCUSSION:
Large quantities of dangerous household hazardous waste which would
otherwise be sent to the landfill or be illegally dumped or possibly stored at
residential sites pose unsafe and hazardous conditions to residents, the
community and emergency services personnel.
The current Household Hazardous Waste Collection Management Agreement
with San Bernardino County charges each City a portion of the operation costs
based on population and inflationary variables. This current Agreement expired
on June 30, 2012 and is in the process of renewing with the individual cities and
towns. The proposed attached Agreement shall be effective July 1, 2012 and
shall remain in effect through June 30, 2017.
FISCAL IMPACT:
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The ending contract amount charged by the County for the term ending in 2012, was
$16,532. The proposed contract price for fiscal years 2012 -2017 is $16,532. This
amount results in no net change from the existing charges the City is already incurring.
ATTACHMENTS:
·CON-HHW-Agreement with City of Grand Terrace-2012 draft
APPROVALS:
Richard Shields Completed 06/26/2012 3:23 PM
Finance Completed 07/02/2012 3:44 PM
City Attorney Completed 07/02/2012 4:03 PM
City Manager Completed 07/02/2012 5:26 PM
City Council Pending
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Auditor-Controller/Treasurer/Tax Collector Use Only
o Contract Database o FAS
Input Date Keyed By
Page 1 of 5
FOR OFFICIAL USE ONLY
New FAS Vendor Code SC Dept.A Contract Number
Change
Cancel
ePro Vendor Number ePro Contract Number
Dept.Orgn.Contractor’s License No.
San Bernardino County Fire Protection District
Contract Representative Telephone Total Contract Amount
SAN BERNARDINO COUNTY
FIRE PROTECTION
DISTRICT
F A S
STANDARD CONTRACT
Ionie Wallace (909) 382-5401 $16,532 per year
Contract Type
Revenue Encumbered Unencumbered Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
7/1/12 6/30/17 $$
Fund Dept.Organization Appr.Obj/Rev Source GRC/PROJ/JOB No Amount
FHH 107 160 8842 $16,532
Fund Dept.Organization Appr.Obj/Rev Source GRC/PROJ/JOB No.Amount
$
Fund Dept.Organization Appr.Obj/Rev Source GRC/PROJ/JOB No.Amount
$
Project Name Estimated Payment Total by Fiscal Year
Household Hazardous Waste FY Amount I/D FY Amount I/D
Agreement without 12/13 $16,532 15/16 $16,532
Collection Facility 13/14 $16,532 16/17 $16,532
14/15 $16,532
THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT hereinafter called the DISTRICT,and
Name
City of Grand Terrace hereinafter called City
Address
22795 Barton Road
Grand Terrace, CA 92313
Telephone
(909) 430 -2245
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District,
hereinafter referred to as “District” and the City of Grand Terrace hereinafter referred to as the “City.”
RECITALS:
WHEREAS,the California Public Resources Code (Section 47000 et seq.) requires cities and counties to
prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling,
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Revised 03/22/2012 Page 2 of 5
treatment and disposal of hazardous wastes which are generated by households in the city or county and
which should be separated from the solid waste stream; and,
WHEREAS,the County of San Bernardino and each of the cities in the County have developed Household
Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of
Household Hazardous Waste; and,
WHEREAS,the existing Household Hazardous Waste program operated by the District is consistent with the
adopted HHWE; and,
WHEREAS,the District’s Division of Hazardous Materials, is a division of District responsible for the safe
management of hazardous waste; and,
WHEREAS,the City desires for the protection, health and welfare of the public and its personnel, the removal
of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention
of potential environmental degradation and the conservation of resources through recycling.
NOW, THEREFORE,in consideration of mutual covenants and conditions the parties hereto agree as follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1.The City shall publicize to its residents the need to properly reduce, recycle,store, transport and dispose of
Household Hazardous Waste and inform its residents of the availability of nearby Collection Facilities for
safe management of household hazardous waste, in the manner and form recommended by District.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
2.The District will continue to operate a comprehensive Household Hazardous Waste Program (Program) for
the safe collection, recycling, treatment and disposal of household hazardous waste and pharmaceutical
waste excluding controlled substances. The District program shall be based on a Central Processing
Facility and a regional network of collection centers sited so as to provide safe, convenient service to the
public in a cost-effective manner.
3.District shall provide an annual report to the City, which shall include the amounts and types of waste
collected, participation by jurisdiction, and final disposition of the waste.
4.District shall compile and provide to the California Department of Resources Recycling and Recovery
(CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the
City’s Annual Form 303 Report. District shall also compile and submit the annual NPDES reports to the
County Storm Water Programs.
CONSIDERATION
5.In consideration for the services provided, City shall pay the District an amount of $4,133 each quarter,
fiscal year 2012/2013 through fiscal year 2016/2017, (payment due on: July 15, October 15, January 15,
and April 15).
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TERM AND TERMINATION
6.This Agreement shall be effective July 1, 2012 and shall remain in effect through June 30, 2017, but may
be renewed for specified periods, unless, otherwise terminated or amended.
7.Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior
written notice to the other party.
INSURANCE AND INDEMNIFICATION
8.City and District are authorized self-insured public entities for purposes of Professional Liability, General
Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective
programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising
out of the performance of the terms, conditions or obligations of this Agreement.
9.District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City, its
officers, employees, agents and volunteers, from any and all claims, actions,losses, damages, and/or
liability arising out of this Agreement from any cause whatsoever,including, the acts, errors or omissions of
any person and for any costs or expenses incurred by City on account of any claim, except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence
or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well
as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the
meaning of Civil Code section 2782.
City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District,
its officers, employees, agents and volunteers, from claims, actions,losses, damages, and/or liability
arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any
person and for any costs or expenses incurred by City on account of any claim, except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence
or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well
as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the
meaning of Civil Code section 2782.
In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under this Agreement, District and/or City, as applicable,
shall indemnify the other to the extent of its comparative fault.
Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and
City hereby waive any and all rights of subrogation recovery against each other.
Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation
benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not
be construed against the employer of that employee.
GENERAL TERMS AND CONDITIONS
10.Representation of the District. In the performance of the Agreement, City, its agents and employees, shall
act in an independent capacity and not as officers, employees, or agents of the District.
11.Change of Address. City shall notify the District in writing of any change in mailing address within ten (10)
business days of the change.
3.G.a
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Revised 03/22/2012 Page 4 of 5
12.Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable
by City,either in whole or in part.
13.Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions
of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original
Agreement and approved by the required persons of both City and District.
14.Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants,
requirements or conditions of this agreement shall be a material breach of this agreement.
In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate termination
and any other remedies available at law, in equity, or otherwise specified in this Contract:
A.Afford City thereafter a time period within which to cure the breach, which period shall be established
at sole discretion of District; and/or,
B.Terminate this Contract.
15.Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each
party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph
shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a
party hereto and payable under INDEMNIFICATION paragraphs.
16.Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will
be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of the
court, which would allow them to request or demand a change of venue. If any action or claim concerning
this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a
change of venue to the Central District Court of San Bernardino County. This contract shall be governed by
the laws of the State of California.
17.Notification. In the event of a problem or potential problem that will impact the level of performance under
this Agreement, the City shall notify the District within one (1) working day, in writing and by telephone.
18.Former County and District Officials. City agrees to provide or has already provided information on former
San Bernardino County and District administrative officials (as defined below) who are employed by or
represent City. The information provided includes a list of former County and District administrative
officials who terminated COUNTY or District employment within the last five years and who are now
officers, principals, partners, associates or members of the business. The information also includes the
employment with or representation of City. For purposes of this provision, “County administrative official” is
defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or
member of such officer’s staff, County or District department or group head, assistant department or group
head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.
19.Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District
determines that City has made a material misstatement or misrepresentation or that materially inaccurate
information has been provided to the District, this Agreement may be immediately terminated. If the
Agreement is terminated according to this provision, the District is entitled to pursue any available legal
remedies.
20.Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a
waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further
exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any
default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized
official of such party; and no waiver of any default or failure by such party to exercise any right hereunder
shall operate as a waiver of any other or further exercise of such right or of any further default.
3.G.a
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21.Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any
circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application
thereof to other circumstances shall nevertheless be valid.
22.Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
DISTRICT:Ionie Wallace, Interim Deputy Fire Marshal
Household Hazardous Waste Division
2824 East “W”Street
San Bernardino, CA 92415-0799
CITY:Richard Shields, Public Works Director
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
23.Entire Agreement.
A.This agreement is intended by the parties hereto as a final expression of their agreement and
understanding with respect to the subject matter hereof and as a complete and exclusive statement of
the terms hereof and supersedes any and all prior and contemporaneous agreements and
understandings.
B.The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
IN WITNESS WHEREOF,the Board of Directors has caused this Agreement to be subscribed to by the Clerk
thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day,
month and year written.
San Bernardino County Fire Protection District City of Grand Terrace (Print or type name of corporation, company, contractor, etc.)
By
Josie Gonzales, Chair, Board of Directors (Authorized signature -sign in blue ink)
Dated: Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title
CHAIRMAN OF THE BOARD (Print or Type)
Laura H. Welch, Secretary Dated:
By Address
Deputy
Approved as to Legal Form Reviewed by Contract Compliance Presented to Board for Signature
Counsel
Date Date Date
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AGENDA REPORT
MEETING DATE:July 10, 2012 Council & Successor Agency Item
TITLE:Approval of Check Register No. 07-10-2012
PRESENTED BY:Bernie Simon, Finance Director
RECOMMENDATION:Approve Check Register Dated 07-10-2012 as Submitted
BACKGROUND:
The Check Register for July 10, 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 Successor
Agency 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.
A total of $683,000.79 in accounts payable checks was issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
Check Register sections.
6/28/2012 FY 11-12 Year End Check Register $641,215.94
7/10/2012 FY 11-12 Check Register $34,248.35
7/10/2012 FY 12-13 Check Register $7,536.50
Payroll costs for the period amounted to $61,024.04 and are summarized below.
Some of the non-routine items include:
68214 Grainger EOC Circuit Breaker/Load Center $234.55
68216 American
Fidelity Assur.
2011 Flex Spending Reconciliation $916.75
68219 Burgess Moving
& Storage
On Site Moving for Building & Safety
Department
$799.00
68247 Traffic
Management Inc
Replace Street Signs on Main Street $178.06
68257 Inter. Code
Council
FY 2012-13 Membership Renewal for
Richard Shields
$50.00
68258 Priority Mailing
Systems LLC
FY 2012-13 Equipment Maintenance
Agreement
$371.00
68266 Rosenkild,
Rochelle
Reimbursement for Annual Art Show
Banner
$44.95
Some the larger items include:
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68213 Grand Terrace
Partners LLC
Terminate Memorandum of Understanding $375,000.00
68224 Dakeno Inc.Demolition of 21974/21992 De Berry Street $13,311.00
68226 Dozier
Appraisal Co.
Commercial Appraisal of Child Care Center $3,300.00
68236 Play Smart
Surfacing Inc
Resurfacing Soft Turf/Playground Turf
Repairs at Child Care Center Playground
$9,333.47
68248 USA Shade &
Fabric Struct.
Install Shade Structure on Child Care
Playground
$11,476.14
68249 Willdan May/June Engineering, Plan Check, and
Inspection Services
$22,020.00
68251 Black & Veatch
Corp
Sewer Utility Study-Professional Services $15,999.01
68265 Roquet Paving
Inc.
Child Care Center Parking Lot Resurfacing
and Handicap Parking Improvements
$9,625.00
Payroll costs processed for period ending June 22, 2012:
Date Period Payroll and payroll costs
06/22/12 Biweekly $61,024.04
FISCAL IMPACT:
All disbursements are made in accordance with the adopted budget for FY 2011-12 and
FY 2012-13.
ATTACHMENTS:
·Warrant Register Account Index
·Voucher Listing-FY11-12 Year End
·Voucher Listing-FY11-12 #001
·Voucher Listing-FY12-13
APPROVALS:
Bernie Simon Completed 07/03/2012 5:40 PM
Finance Completed 07/03/2012 5:41 PM
City Attorney Completed 07/05/2012 10:48 AM
City Manager Completed 07/05/2012 11:02 AM
City Council Pending
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Voucher List
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Voucher Date Vendor Invoice Description/Account Amount
68213 6/21/2012 011241 GRAND TERRACE PARTNERS LLC 04182012 Terminate Memorandum of Understanding
32-600-328-000-000 375,000.00
Total : 375,000.00
68214 6/21/2012 002930 GRAINGER 9774293774 EOC Circuit Breaker/Load Center
10-808-246-000-000 234.55
Total : 234.55
68215 6/28/2012 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 6-8-12 CONTRIBUTIONS FOR PREND 6-8-12
10-022-62-00 16,105.31
Total : 16,105.31
68216 6/28/2012 011195 AMERICAN FIDELITY ASSURANCE CO 2011 2011 Flex Spending Reconciliation
10-190-265-000-000 916.75
Total : 916.75
68217 6/28/2012 001206 ARROWHEAD CREDIT UNION May/June 2012 May/June Visa Charges
10-110-220-000-000 32.25
10-440-228-000-000 51.44
23-200-14-00 424.72
Total : 508.41
68218 6/28/2012 001213 AT & T Jun/Jul 2012 Jun/Jul Phone & Internet Service
10-440-235-000-000 85.95
10-190-235-000-000 459.59
Total : 545.54
68219 6/28/2012 010656 BURGESS MOVING & STORAGE 22300 On Site Move-Building & Safety
10-195-246-000-000 423.00
22409 On Site Move-Building & Safety
10-195-246-000-000 376.00
Total : 799.00
68220 6/28/2012 001810 CITY NEWSPAPER GROUP 15970 Notice of Planning Comm Public Hearing
10-370-230-000-000 100.36
15973 Publish Ordinance 263
10-125-230-000-000 893.55
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Voucher Date Vendor Invoice Description/Account Amount
68220 6/28/2012 (Continued)001810 CITY NEWSPAPER GROUP
15974 Publish Ordinance 264
10-125-230-000-000 155.40
Total : 1,149.31
68221 6/28/2012 010403 CITY OF REDLANDS AR138404 May CNG Fuel
10-440-272-000-000 15.08
Total : 15.08
68222 6/28/2012 006435 CITY OF SAN BERNARDINO 2012-10000037 JUNE ANIMAL CONTROL SERVICES
10-187-256-000-000 8,682.00
Total : 8,682.00
68223 6/28/2012 001907 COSTCO #478 0478 12 0185 10 C. CARE SUPPLIES
10-440-220-000-000 159.18
Total : 159.18
68224 6/28/2012 001440 DAKENO INC.05262012 21974-92 De Berry Street Demolition
32-600-216-000-000 13,311.00
Total : 13,311.00
68225 6/28/2012 001942 DATA TICKET INC.41767 May Parking Cite Processing Services
10-140-255-000-000 100.00
Total : 100.00
68226 6/28/2012 011240 DOZIER APPRAISAL CO.1410 Commercial Appraisal-Child Care Center
10-190-250-000-000 3,300.00
Total : 3,300.00
68227 6/28/2012 011061 EZ SUNNYDAY LANDSCAPE 1379 June Park Maintenance
10-450-255-000-000 2,895.00
Total : 2,895.00
68228 6/28/2012 002740 FRUIT GROWERS SUPPLY 91041379 City Hall Maintenance Supplies
10-195-245-000-000 33.11
Total : 33.11
68229 6/28/2012 010164 GREAT-WEST PR End 6/8/12 Contributions for PR End 6/8/12
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Voucher Date Vendor Invoice Description/Account Amount
68229 6/28/2012 (Continued)010164 GREAT-WEST
10-022-63-00 2,851.39
Total : 2,851.39
68230 6/28/2012 003171 HINDERLITER de LLAMAS & ASSOC.0019230-IN 4th Qtr Sales Tax Services
10-140-250-000-000 487.50
32-200-255-000-000 487.50
Total : 975.00
68231 6/28/2012 003224 HYDRO-SCAPE PRODUCTS INC.7163888-00 City Hall Maintenance Supplies
10-195-245-000-000 64.51
Total : 64.51
68232 6/28/2012 004588 MARTIN & CHAPMAN CO.2012232 November 2012 Election Supplies
10-125-210-000-000 22.55
Total : 22.55
68233 6/28/2012 010097 NEXTEL COMMUNICATIONS 410575025-118 May/June Wireless Svc-Maint/C.Care
10-175-240-000-000 173.32
10-440-235-000-000 49.84
Total : 223.16
68234 6/28/2012 005400 OFFICE DEPOT 613723477001 Office Supplies
10-172-210-000-000 73.09
Total : 73.09
68235 6/28/2012 005586 PETTY CASH 06272012 Replenish C.Care Petty Cash
10-440-221-000-000 88.07
10-440-223-000-000 314.06
10-440-228-000-000 20.35
Total : 422.48
68236 6/28/2012 011242 PLAY SMART SURFACING INC 77 Resurfacing Soft Turf-C.Care Playground
10-950-310-000-000 6,398.47
78 Playground Turf Repair/Restoration
23-200-14-00 2,935.00
Total : 9,333.47
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Voucher Date Vendor Invoice Description/Account Amount
68237 6/28/2012 010565 QUICK LANE Q26706 Oil/Filter Change-Ford Escape
34-800-272-000-000 35.20
Total : 35.20
68238 6/28/2012 011245 RAQUEL'S CLEANING SERVICE 0000001 Carpet Cleaning for March and May
10-440-244-000-000 700.00
Total : 700.00
68239 6/28/2012 011074 REDFLEX TRAFFIC SYSTEMS 36970 May Contract Services
17-900-255-000-000 2,754.88
Total : 2,754.88
68240 6/28/2012 006285 RIVERSIDE HIGHLAND WATER CO Apr-June 2012 April/June Water Usage & Fees
10-440-238-000-000 155.34
32-600-301-000-000 10.80
32-600-326-000-000 21.60
34-700-710-000-000 10.80
34-700-767-000-000 10.80
48-600-330-010-000 21.60
32-600-307-000-000 21.60
10-450-238-000-000 4,984.86
10-190-238-000-000 428.43
10-805-238-000-000 960.87
26-600-239-000-000 214.74
26-601-239-000-000 63.29
Total : 6,904.73
68241 6/28/2012 006510 S.B. COUNTY INFORMATION 13299 May Pager Access
10-175-240-000-000 9.00
Total : 9.00
68242 6/28/2012 006531 S.B. COUNTY SHERIFF 11604 March Law Enforcement Services
10-410-255-000-000 4,243.00
10-410-256-000-000 140,549.00
14-411-256-000-000 8,333.00
Total : 153,125.00
68243 6/28/2012 010040 SCOTT, MARY J.06262012 C.Care Supplies Reimbursement-Scott
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Voucher Date Vendor Invoice Description/Account Amount
68243 6/28/2012 (Continued)010040 SCOTT, MARY J.
10-440-223-000-000 163.55
Total : 163.55
68244 6/28/2012 006720 SO.CA.EDISON COMPANY June 2012 June Energy Usage
10-190-238-000-000 3,992.20
10-450-238-000-000 798.94
16-510-238-000-000 294.70
10-172-238-000-000 83.14
10-175-238-000-000 83.14
Total : 5,252.12
68245 6/28/2012 006898 SYSCO FOOD SERVICES OF L.A.206191261 0 C.Care Food & Snacks
10-440-220-000-000 695.17
Total : 695.17
68246 6/28/2012 011110 TIME WARNER CABLE Jun844840...3817 Jun/Jul Cable & Internet Srv-Sr Cnt
10-805-238-000-000 58.91
Jun844840...3825 Jun/Jul Cable & Internet Srv-Sr Cnt
10-805-238-000-000 58.91
Total : 117.82
68247 6/28/2012 011243 TRAFFIC MANAGEMENT, INC.133518 Replace Street Signs on Main Street
10-195-245-000-000 178.06
Total : 178.06
68248 6/28/2012 011244 USA SHADE & FABRIC STRUCTURES 44918-001 Install Shade Structure-C.Care
10-950-310-000-000 11,476.14
Total : 11,476.14
68249 6/28/2012 007920 WILLDAN 002-12352 May Plan Check and Inspection Services
10-172-250-000-000 3,222.50
002-12353 May Eng Srv/Barrier Removal
10-175-255-000-000 1,550.00
22-425-301-000-000 1,240.00
00411305 May Inspection Services-Walgreens
10-175-255-000-000 4,702.50
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Voucher List
CITY OF GRAND TERRACE
6
5:04:30PM
Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68249 6/28/2012 (Continued)007920 WILLDAN
00411323 June Inspections for Walgreens
10-175-255-000-000 2,802.50
00411325 June Inspections for Walgreens
10-175-255-000-000 1,995.00
00411326 June Inspection Services-Walgreens
10-175-255-000-000 1,235.00
00411327 June Inspections for Walgreens
10-175-255-000-000 570.00
00411405 May Walgreen's Inspection Services
10-175-255-000-000 4,702.50
Total : 22,020.00
68250 6/28/2012 010864 WIRZ, MATT May/June 2012 Mileage Reimbursement-Wirz
21-175-271-000-000 64.38
Total : 64.38
Bank total : 641,215.94 38 Vouchers for bank code :bofa
641,215.94Total vouchers :Vouchers in this report 38
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07/03/2012
Voucher List
CITY OF GRAND TERRACE
1
4:30:32PM
Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68251 7/3/2012 011213 BLACK & VEATCH CORP 1139700 Sewer Utility Study
21-175-255-000-000 15,999.01
Total : 15,999.01
68252 7/3/2012 006720 SO.CA.EDISON COMPANY June 2012 June Energy Usage
10-440-238-000-000 1,472.14
10-805-238-000-000 1,295.98
10-450-238-000-000 57.00
10-190-238-000-000 24.93
16-510-238-000-000 215.08
Total : 3,065.13
68253 7/3/2012 001907 COSTCO #478 0478 09 C.Care Supplies
10-440-220-000-000 188.33
Total : 188.33
68262 7/10/2012 011029 COBRA SIMPLE 140 MAY COBRA ADMINISTRATION SERVICES
10-190-220-000-000 50.00
Total : 50.00
68263 7/10/2012 010164 GREAT-WEST PR End 6/22/2012 CONTRIBUTIONS/LOANS FOR PR END 6/22/2012
10-022-63-00 2,856.15
10-022-64-00 1,701.40
Total : 4,557.55
68264 7/10/2012 005586 PETTY CASH 07022012 Replenish C.Care Petty Cash
10-440-223-000-000 68.88
10-440-228-000-000 2.00
Total : 70.88
68265 7/10/2012 006335 ROQUET PAVING INC.0609-12 C.Care Parking Lot Handicap Improvements
10-440-245-000-000 4,850.00
0610-14a C.Care Center Parking Lot Resurfacing
10-950-310-000-000 4,775.00
Total : 9,625.00
68266 7/10/2012 010139 ROSENKILD, ROCHELLE 06282012 Annual Art Show Banner Reimbursement
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07/03/2012
Voucher List
CITY OF GRAND TERRACE
2
4:30:32PM
Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68266 7/10/2012 (Continued)010139 ROSENKILD, ROCHELLE
10-804-220-000-000 44.95
Total : 44.95
68267 7/10/2012 001038 VERIZON WIRELESS-LA 1095668029 June/July Wireless Service - Public
10-175-240-000-000 108.99
Total : 108.99
68268 7/10/2012 007987 XEROX CORPORATION 062623477 JUNE LEASE XEROX WC5755A
10-190-700-000-000 305.27
10-190-212-000-000 233.24
Total : 538.51
Bank total : 34,248.35 10 Vouchers for bank code :bofa
34,248.35Total vouchers :Vouchers in this report 10
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07/03/2012
Voucher List
CITY OF GRAND TERRACE
1
4:03:05PM
Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68254 7/10/2012 001072 ADT SECURITY SERVICES 73540269 1st Qtr C.Care Security Monitoring
09-440-247-000-000 375.00
Total : 375.00
68255 7/10/2012 002795 GARCIA, LEE ANN July 2012 July Health Ins Reim-Garcia
10-110-142-000-000 439.25
Total : 439.25
68256 7/10/2012 003213 HONEYWELL ACS SERVICE 3585006 1st Qtr HVAC Maint Agreement
10-195-257-000-000 5,743.00
Total : 5,743.00
68257 7/10/2012 010619 INTERNATIONAL CODE COUNCIL FY 2012-13 FY 12-13 Membership Renewal-R. Shields
10-172-265-000-000 50.00
Total : 50.00
68258 7/10/2012 011059 PRIORITY MAILING SYSTEMS LLC INV233123 FY 12-13 Equipment Maint Agreement
10-190-246-000-000 371.00
Total : 371.00
68259 7/10/2012 006310 ROADRUNNER SELF STORAGE INC.14590 July Storage Rental
10-140-241-000-000 119.00
Total : 119.00
68260 7/10/2012 011071 STANCKIEWITZ, W.July 2012 July Health Ins Reim-Stanckiewitz
10-110-142-000-000 439.25
Total : 439.25
Bank total : 7,536.50 7 Vouchers for bank code :bofa
7,536.50Total vouchers :Vouchers in this report 7
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2
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Voucher Date Vendor Invoice Description/Account Amount
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AGENDA REPORT
MEETING DATE:July 10, 2012 Council Item
TITLE:Extension of an Interim Urgency Ordinance of the City
Council, Adopted Pursuant to Government Code Section
65858, Temporarily Prohibiting the Establishment or
Expansion of Adult Businesses
PRESENTED BY:Sandra Molina, Senior Planner
RECOMMENDATION:1. Adopt an Interim Urgency Ordinance Extending the
Current Moratorium on the Establishment or Expansion of
Adult Businesses; and
2. Adopt this Agenda Report as the Official Written Report
Required by Government Code Section 65858(d).
BACKGROUND:
On June 7, 2012, the City Council adopted by four-fifths vote an interim urgency
ordinance prohibiting the establishment or expansion of an existing adult oriented
business. This action was precautionary based on information that an adult use was
proposing to open in an undisclosed location of the City, and City staff was concerned
that the current ordinance, which was adopted in 1995, may not adequately regulate all
adult uses, or concerns for public health, safety and welfare.
The interim urgency ordinance adopted on June 7th is valid for 45 days and is set to
expire on July 22, 2012, unless extended by a four-fifths vote as provided for in the
California Government Code.
DISCUSSION:
As stated during the June 7, 2012, special meeting, adult businesses enjoy certain
constitutional protections. However, that does not preclude a city from establishing
operational and location requirements in order to protect public health, safety and
welfare. Since the adoption of the urgency ordinance temporarily prohibiting adult
businesses, City staff and the City Attorney have been working together reviewing the
City’s current Adult Business regulations to identify needed revisions, have begun
researching existing codes and state and case law since the existing ordinance was
adopted, and compiling studies that identify adverse secondary effects related to adult
businesses to support adoption of an updated ordinance.
To date, review of the existing code has identified necessary revisions to strengthen the
existing code. These include:
1.Clean up changes to ensure that the ordinance is internally consistent;
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2.Expand operational requirements so that they are applicable to as many adult
businesses as possible;
3.Update the definitions of adult businesses;
4.Tighten up regulations relating to performers and the operational requirements;
5.Add a definition for sex clubs and prohibit and/or regulate them;
6.Determine the permit and review process for adult businesses;
7.Evaluate sites within which an adult business could locate; and
8.Add language for prompt judicial review.
The revisions to the ordinance will be very detailed and precise; and will take some time
to prepare. An evaluation of the sites wherein an adult use could locate in light of the
distance requirements contained in the ordinance needs to be conducted. The City must
demonstrate that there are eligible sites that an adult use could reasonably locate within
the marketplace. In addition to evaluating the ordinances of other jurisdictions, staff will
be evaluating and compiling a number of studies that detail negative secondary effects
of adult businesses, which will form the basis for the operational and locational
regulations contained in the ordinance.
Staff will also be reviewing how other agencies process permits and entitlements for
adult businesses. The current ordinance, contained in the Zoning Code, appears to
require both a business permit and a conditional use permit. Some jurisdictions require
both, others only a business permit and still others a conditional use permit. In both
instances, there are very detailed provisions for issuance of the business permit/use
permit, and for the revocation of the business permit/use permit. Staff will evaluate the
pros and cons of both and make a recommendation to the Council. In either instance,
the review must be done in a timely manner.
Another change is to add language referring to the California Code of Civil Procedure
relating to judicial review of any City decision on permits so that the courts treat
challenges to decisions on permits for adult businesses, which enjoy First Amendment
protections, promptly and expeditiously, consistent with the requirements articulated by
Federal law.
Based on this status report, it is clear that continued research and analysis needs to be
done to bring forth revised regulations that protects the general public health and safety
of adverse secondary impacts in light of constitutional protections enjoyed by adult
businesses.
As provided for in the California Government Code, the extension, valid for 10 months
and 15 days, would extend the existing moratorium for a total period of one year.
Should additional time be necessary, the Government Code allows for a second
extension of not more than one year.
FISCAL IMPACT:
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A fiscal impact will not occur as a result of extending the interim urgency ordinance.
ATTACHMENTS:
·1. Extension of Urgency Ordinance Adult Businesses
APPROVALS:
Sandra Molina Completed 07/02/2012 11:52 AM
Finance Completed 07/02/2012 3:44 PM
City Attorney Completed 07/02/2012 3:54 PM
Community & Economic Development Completed 07/02/2012 4:40 PM
City Manager Completed 07/02/2012 5:23 PM
City Council Pending
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Page 1 of 8
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR
AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS A
CITYWIDE MORATORIUM ADOPTED PURSUANT TO
GOVERNMENT CODE SECTION 65858 TEMPORARILY
PROHIBITING THE ESTABLISHMENT OR EXPANSION OF ADULT
BUSINESSES
WHEREAS, the City of Grand Terrace (“City”) adopted an adult business
ordinance in 1995 and since that date there have been a number of case decisions;
the existence of these new decisions requires that the ordinance be updated to
reflect the current state of the law; and
WHEREAS, a certain type of business has recently come to the attention of
the City, a “sex club,” which is generally, however not specifically,regulated in the
adult business ordinance or in the zoning code, and which may need to be directly
addressed in the City’s existing adult business regulations; and
WHEREAS, case decisions since the time of the original adoption of the
City’s adult business regulations and the potential application for a “sex club” within
the City has given rise to concerns that the City’s current regulations may be
outdated and/or inadequate to address the potentially significant impacts that may
result from adult businesses generally and “sex clubs” specifically, and the City
requires time to study and research the City’s existing regulations, the state of law
relating to adult businesses since the adoption of the City’s adult business
regulations, as well as best methods and means for prohibiting and/or regulation
adult businesses, especially “sex clubs”; and
WHEREAS,without a moratorium pending adoption of any potential changes
to the City’s existing adult business regulations, it is possible that business owners
may rush to submit and obtain permits in order to avoid new regulations; a
moratorium on the issuance of any adult business permits while the City studies and
updates its current regulations would ensure that potential actions by business
owners would not defeat the purpose of any new zoning regulations that may be
considered by the City; and
WHEREAS, adult business uses generally result in negative and harmful
secondary effects on the community,which effects include,but are not limited to,the
following:depreciation of property values and increase in vacancies in residential
and commercial areas in the vicinity of adult business uses;interference with
residential property owners'enjoyment of their property when such property is
located in the vicinity of adult business uses as a result of increases in crime,litter,
noise and vandalism;higher crime rates in the vicinity of adult business uses;and
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blighting conditions such as low-level maintenance of commercial premises and
parking lots,which thereby have a deleterious effect upon adjacent areas.Special
regulation of these business uses is necessary to prevent these adverse effects and
the blighting or degradation of the neighborhoods in the vicinity of the adult business
uses; and
WHEREAS, pursuant to Section 65858 of the California Government Code,
the City Council may, in order to protect the public safety, health and welfare, adopt
as an urgency measure an interim ordinance prohibiting any allowed use that may
be in conflict with a contemplated specific plan, general plan amendment, or zoning
proposal that the legislative body, planning commission or the planning department
is considering or studying or intends to study within a reasonable time; and
WHEREAS, the City Council specifically finds that there is a current and
immediate threat to the public health, safety or welfare related to the establishment
of adult businesses in the City without the updating of the City’s existing adult
business regulations, and that there is thus a need to prohibit such uses temporarily
while the City studies how best to update such regulations;
WHEREAS,the City Council of the City of Grand Terrace has directed its
staff to study and potentially develop a zoning code amendment to the City’s existing
regulations for adult business uses in order to insure the proper regulation of “sex
clubs” and adult business in general, based on current law; and
WHEREAS, on June 7,2012 the City Council adopted by a four fifths vote, an
interim urgency ordinance declaring and imposing a forty-five (45) day Citywide
moratorium on the establishment or expansion of adult businesses;
WHEREAS, pursuant to Government Code Section 65858(a), after notice
and a public hearing, the City Council may extend the interim ordinance for an
additional ten (10) months and fifteen (15) days;
WHEREAS, pursuant to Government Code Section 65858(d), ten (10) days
prior to expiration of the interim ordinance, a written agenda report describing the
measures taken to alleviate the condition which led to the establishment of the
moratorium was prepared and presented to the City Council at its regular meeting of
July 11, 2012 with the herein ordinance;
WHEREAS, pursuant to Government Code Section 65090, notice of the
public hearing for the moratorium extension was published in the San Bernardino
County Sun on Sunday, July 1, 2012; and
WHEREAS, pursuant to Government Code Section 65858(a), a public
hearing on this action was held by the City Council on July 10, 2012.
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WHEREAS,all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that, per the above Recitals, the Zoning
Code may appear to provide insufficient regulations regarding adult business uses.
SECTION 2. The City Council hereby declares and imposes the extension
for an additional ten (10) months and fifteen (15) days of an existing Citywide
moratorium on the establishment or expansion of adult businesses.
SECTION 3. The City Council finds that, per the above recitals, that
potentially out of date regulations and the proliferation of “sex clubs” may have
heretofore unforeseen immediate impacts on the public health, safety and welfare
including, but not limited to depreciation of property values and increase in
vacancies in residential and commercial areas in the vicinity of adult business uses;
interference with residential property owners'enjoyment of their property when such
property is located in the vicinity of adult business uses as a result of increases in
crime,litter,noise and vandalism;higher crime rates in the vicinity of adult business
uses;and blighting conditions such as low-level maintenance of commercial
premises and parking lots,which thereby have a deleterious effect upon adjacent
areas.Special regulation of these business uses,including up-to-date regulations
and/or specific regulation of “sex clubs,”needs to be studied and may be necessary
to prevent these adverse effects and the blighting or degradation of the
neighborhoods in the vicinity of the adult business uses,or otherwise to protect the
health,welfare and safety of the public in the operation of such businesses within
the City.
SECTION 4. The City of Grand Terrace hereby declares and imposes a
moratorium on the establishment or expansion of any adult business,as such term
is defined herein. For the duration of this ordinance, and except as expressly
provided herein, there is a moratorium on the acceptance, processing or issuance of
any zoning permit, business license, use permit, building permit, occupancy permit,
or any other applicable entitlement for the establishment, expansion and/or
relocation of adult business uses.
SECTION 5. "Adult business" means any business establishment or concern
which as a regular and substantial course of conduct performs or operates as an
adult bookstore, or adult video store, adult theater, adult motion picture theater, adult
cabaret, adult motel/hotel, adult arcade, as these terms are defined in the Grand
Terrace Municipal Code; sex club,as that term is defined herein;or any other
business or concern which as a regular and substantial portion of its business offers
to its patrons products, merchandise, services or entertainment which are
distinguished or characterized by an emphasis on matter depicting, describing or
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relating to specified sexual activities or specified anatomical areas but not including
those uses or activities, the regulation of which is preempted by state law. "Adult
business" shall also include any establishment which as a regular and substantial
course of conduct provides or allows performers, models or employees to appear in
any public place dressed only in lingerie.
SECTION 6. “Sex club” means any establishment not primarily dedicated to
providing overnight lodging accommodations, including a private club, which as a
regular and substantial course of conduct permits persons to engage in specified
sexual activities in any public or semipublic portion of the establishment or which
provides any private room to persons more than once in a twenty hour period in
which persons are permitted to engage in specified sexual activities. For the purpose
of this section, a “public or semipublic portion of an establishment” shall mean any
portion of the establishment in which licensees, invitees, visitors or guests of the
establishment or its members are permitted access and which is not let, leased or
rented more than once in a twenty-hour period to persons who are entitled to
exclusive use of the room. The above notwithstanding, a “sex club” is also any place
which represents itself to any person or group of persons as a place for persons to
engage in specified sexual activities.
SECTION 7. "Regular and substantial course of conduct and regular and
substantial portion of its business" means any adult business where one or more of
the following conditions exist:
1. The area(s) devoted to the display of adult material exceeds fifteen
percent of the total display area of the business; or
2. The business or concern presents any type of live entertainment
characterized by an emphasis on specified sexual activity or specified anatomical
areas, or performers, models or employees appearing in public dressed only in
lingerie; or
3. At least twenty-five percent of the gross receipts of the business are
derived from the sale, trade, rental, display or presentation of services, products,
adult material, or entertainment which are characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical
areas.
“Adult material” shall include books, magazines, periodicals or other printed
matter;photographs, films, sculptures, motion pictures, video cassettes, digital
media; slides or other visual representations; merchandise; toys;or any other
medium which contains descriptions or depictions, which are characterized by an
emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas.
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SECTION 8. For purposes of this ordinance, the terms "specified sexual
activities" and "specified anatomical areas" shall be as defend in the Grand Terrace
Municipal Code.
SECTION 9. This interim ordinance extending the existing moratorium is
adopted under the authority of Sections 36934 and 65858(a) of the Government
Code of the State of California, and in accordance therewith, shall become effective
immediately and shall extend the current moratorium commencing July 23, 2012 and
shall be in effect for a period of ten (10) months and fifteen (15) days (June 6, 2013)
unless after notice pursuant to Government Code Section 65090 and public hearing,
the City Council shall extend this ordinance as prescribed by state law.
SECTION 10. There is a current and immediate threat to the public health,
safety and welfare, because the approval of any new or expanded adult business or
“sex club”use may result in an unregulated or insufficiently regulated proliferation of
such uses, which will negatively impact the public health, welfare and safety
including, but not limited to the following:depreciation of property values and
increase in vacancies in residential and commercial areas in the vicinity of adult
business uses;interference with residential property owners'enjoyment of their
property when such property is located in the vicinity of adult business uses as a
result of increases in crime,litter,noise and vandalism;higher crime rates in the
vicinity of adult business uses;blighting conditions such as low-level maintenance of
commercial premises and parking lots,which thereby have a deleterious effect upon
adjacent areas;and unknown impacts as to adult businesses pursuant to current
law,which is still yet to be researched and discovered during the time that this
moratorium is in effect.Special regulation of these business uses is necessary to
prevent these adverse effects which can result in public nuisances, City code
violations, and increases in police calls for service or other burdens on public
resources.
SECTION 11.In addition, to protect the residents and businesses within the
City from the potential harmful effects of insufficiently regulated adult business uses,
City staff needs time to research current and “sex club” regulations, as well as time
to bring appropriate zoning regulation to the City Council for adoption, should those
be deemed necessary by such research and review. In doing so, the City shall
ensure that the health, safety and general welfare of the City, its residents and
businesses are adequately safeguarded to the greatest extent permissible by law.
The City Council also finds that failure to conduct such research and adopt
appropriate zoning regulation, during a time when new or expanded uses are
prohibited,may result in a direct and immediate threat to the public health, safety
and general welfare of the community.
SECTION 12. This ordinance is necessary to preserve and protect the public
health, safety, and welfare that will be caused by the approval of any new or
expanded business licenses, use permits, variances, site plans, and/or building
permits for adult business uses during the period that this ordinance will be in effect.
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SECTION 13. The City Council finds, determines and declares that the
immediate preservation of the public peace, health, safety and welfare necessitates
the enactment of this ordinance as an urgency ordinance. The City Council intends
to conduct studies forthwith as to the appropriate modifications of the Grand Terrace
Municipal and Zoning Codes and other regulatory ordinances which will reduce
and/or mitigate the potential negative impacts of such adult business uses as listed
herein in this ordinance. Pending the completion of such studies and the adoption of
an ordinance to establish up-to-date and appropriate zoning regulations, it is
necessary for the immediate preservation for the public health, safety and welfare
that this ordinance takes effect immediately. In the absence of immediate
effectiveness, adult business uses in the City may be in conflict with regulations or
requirements established with respect thereto, and this ordinance is therefore
necessary to prevent a current and immediate threat to the public health, safety and
welfare.
SECTION 14. This ordinance shall not preclude the continued operation of
any lawfully existing adult business uses which are not seeking to expand, convert,
relocate or otherwise change its use, or the opening or commencement of any adult
business uses as a new business for which all discretionary and non-discretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 15. The Moratorium established herein shall not be applicable if a
request for exception due to hardship, or other unique circumstances that have
arisen as a result of this ordinance is approved by the City Council of the City of
Grand Terrace. Any request for exception shall be outlined in a letter accompanied
by the City’s application for appeal and filing fee, as determined in the City’s adopted
fee resolution with the City Clerk’s office. The matter shall be heard through a public
hearing and processed under the provisions of the Grand Terrace Municipal Code.
SECTION 16. If any part or provision of this ordinance or its application to
any person or circumstance, is held invalid, the remainder of the ordinance,
including the application of such part or provision to other persons or circumstances,
shall not be affected and shall continue in full force and effect.
SECTION 17. The City Council, on the basis of the whole record and
exercising independent judgment, finds that this Urgency Ordinance is not subject to
environmental review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State
Guidelines for Implementation of the California Environmental Quality Act (CEQA).
Sections 15060(c)(2) and 15060(c)(3) pertain to activities that will not result in a
direct or reasonably foreseeable indirect change to the environment and that are not
defined as a project under Section 15378. This Urgency Ordinance has no potential
for resulting in physical change to the environment, directly or indirectly, in that it
prevents changes to the environment pending the completion of the contemplated
research and studies.
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SECTION 18. If any section, subsection, sentence, clause or phrase or word
of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by
a decision of any court of competent jurisdiction or preempted by state legislation,
such decision or legislation shall not affect the validity of the remaining portions of
this Urgency Ordinance. The City Council of the City of Grand Terrace hereby
declares that it would have passed this Ordinance and each and every section,
subsection, sentence, clause or phrase not declared invalid or unconstitutional
without regard to any such decision or preemptive legislation.
SECTION 19.Within fifteen (15) days after its passage,the City Clerk of the
City of Grand Terrace shall certify to the passage and adoption of this ordinance by
at least a four-fifths vote of the City Council and shall cause the same to be
published in a newspaper in the manner required by law.This ordinance shall
become effective immediately from and after its passage.
PASSED, APPROVED, AND ADOPTED this 10th day of July, 2012.
___________________________
Walt Stanckiewitz
Mayor
ATTEST:APPROVED AS TO FORM:
___________________________________________________
Tracey Martinez Richard L. Adams II
City Clerk City Attorney
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I HEREBY CERTIFY the foregoing ordinance was duly introduced and
adopted by the City Council as an urgency ordinance of the City of Grand Terrace at
a regular meeting held on the 10th day of July, 2012 to be adopted effective on the
10th day of July, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
___________________________
Tracey Martinez
City Clerk
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AGENDA REPORT
MEETING DATE:July 10, 2012 Council Item
TITLE:Community Emergency Response Team (C.E.R.T.)
Executive Committee and Crime Prevention Committee
Member Appointments
PRESENTED BY:Tracey Martinez, City Clerk
RECOMMENDATION:Review applications submitted by Tom Roberts and Robert
Kaplanek to fill two vacancies on the Community Emergency
Response Team (C.E.R.T.) Executive Committee and
appoint them for full terms continuing to June 30, 2014, or
review the applications and direct Staff to schedule
interviews for July 24, 2012, to determine whether or not
Council would like to appoint Mr. Roberts and Mr. Kaplanek.
Review applications for the Crime Prevention Committee
submitted by Elaine McDermott and Harry McDermott to fill
one regular member vacancy for a full term continuing to
June 30, 2016, and one alternate member vacancy with a
term continuing to June 30, 2014, or review the applications
and direct staff to schedule interviews for July 24, 2012, to
determine whether or not Council would like to appoint Mr.
And Mrs. McDermott.
BACKGROUND:
The Community Emergency Response Team (C.E.R.T.) Executive Committee is an
advisory committee that was established by the City Council. Their meetings are held
on the first Tuesday of each month at 7:00 p.m. in the Community Meeting Room at City
Hall. The Committee is made up of 5 voting members. As of July 1, 2012, C.E.R.T. has
three vacancies.
The Crime Prevention Committee is also an advisory committee that was established by
the City Council. Their meetings are held on the Second Monday of each month at 4:00
p.m. in the conference room at City Hall. The committee is made up of seven (7)
regular members and two (2) alternate members. As of July 1, 2012, the Crime
Prevention Committee has one (1) regular member vacancy and two (2) alternate
member vacancies.
DISCUSSION:
The City has received applications from Tom Roberts and Robert Kaplanek to serve on
the Community Emergency Response Team (C.E.R.T.) Executive Committee. As
indicated above, the Committee currently has three (3) vacancies, both with terms
8.A
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expiring June 30, 2014. The vacancies were posted per Government Code 54972.
Attached for your review (Attachment A) are the applications from Mr. Roberts and Mr.
Kaplanek. Please review the applications and appoint Mr. Roberts and Mr. Kaplanek to
fill the vacant terms on the Committee or direct staff to schedule interviews for July 24,
2012, to determine whether or not Council would like to appoint the individuals to
C.E.R.T. If Council chooses to appoint Mr. Roberts and Mr. Kaplanek, one (1) vacancy
will still exist on the Committee.
The City received applications from Elaine McDermott and Harry McDermott to serve on
the Crime Prevention Committee. As indicated above, the Committee currently has one
(1) regular member vacancy with a term expiring on June 30, 2016, and two (2)
alternate member vacancies with terms expiring June 30, 2014. The vacancies were
posted per Government Code 54972. Attached for your review (Attachment B) are the
applications from Mr. And Mrs. McDermott. Please review the applications and appoint
one of them to fill the regular member vacancy and one to fill the alternate member
vacancy or direct staff to schedule interviews for July 24, 2012, to determine whether or
not Council would like to appoint the individuals to the Crime Prevention Committee. If
Council chooses to appoint Mr. And Mrs. McDermott, one (1) alternate member vacancy
will still exist on the Committee.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
·Attachment "A" (C.E.R.T. Applications)
·Attachment "B" (Crime Prevention Applications)
APPROVALS:
Tracey Martinez Completed 07/03/2012 9:26 AM
Finance Completed 07/03/2012 1:53 PM
City Attorney Completed 07/03/2012 3:58 PM
City Manager Completed 07/03/2012 5:21 PM
City Council Pending
8.A
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CITY OF GRAND TERRACE
APPLICATION FOR CITIZEN SERVICE a °
CALIFORNIA
Complete and submit to the City Cleric's Department
7 E 127" el)-levt /11 7-7-(6 Applying as a member of
Name AS (To .41) 6• oc-a
Address
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Occupation _S6e--1 (lie Lox E -b
Education (List highest year completed and all degrees) 14 17-4xy 4 E
Are there any workday evenings you could not meet? ( ) Yes No If so, please list
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APPLICATION FOR CITIZEN SERMEICEIVED
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'ITY OF GRAND TERRACE
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AGENDA REPORT
MEETING DATE:July 10, 2012 Council Item
TITLE:City Council Adoption of a Resolution to Initiate and Consent
to the Reversion to Acreage of 19 Recorded Lots on 2.55
Acres Owned by the City of Grand Terrace into One Lot for
Park Purposes
PRESENTED BY:Sandra Molina, Senior Planner
RECOMMENDATION:Adopt the attached Resolution initiating and consenting to
the Reversion to Acreage of 19 lots to one 2.55-acre lot.
BACKGROUND:
In 2010 the City submitted a grant application to the California Department of Parks and
Recreation for the development of a new City park on 2.55 acres located on Grand
Terrace Road. In 2011 the City was successfully awarded a 1.8 Million dollar grant to
acquire and develop the park site. In October of 2011, the City closed escrow on the
park site. Development of the park, including design, construction management and
grant management, was awarded to Webb and Associates.
DISCUSSION:
In 1992 Tract Map 14816, a 19-lot subdivision, was recorded on the 2.55-acre site. A
component of the park grant is to merge the existing lots into one single lot so that the
park is developed wholly on one lot, rather than over various lots and lot lines. The
California Subdivision Map Act provides a process where subdivided land can be
reverted to acreage, referred to as a Reversion to Acreage.
Webb and Associates has submitted Tentative Tract Map 18847, which depicts the
reversion of the 19 lots into one single lot. One of the findings for approving a
Reversion to Acreage is that the property owner (City) has consented to the reversion.
Accordingly, the Planning Commission will conduct a public hearing on Tentative Tract
Map 18847, and make a recommendation to the City Council. At this time, only the
formality of the Council’s consent and initiation of the process for the reversion to
acreage is being requested.
Therefore, staff recommends that the City Council adopt the attached Resolution
initiating the process and consenting to the reversion to acreage.
FISCAL IMPACT:
No fiscal impact is expected to occur with this action.
ATTACHMENTS:
·1. City Council Resolution
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APPROVALS:
Sandra Molina Completed 07/02/2012 10:37 AM
Finance Completed 07/02/2012 3:43 PM
City Attorney Completed 07/02/2012 4:17 PM
Community & Economic Development Completed 07/02/2012 4:42 PM
City Manager Completed 07/02/2012 5:29 PM
City Council Pending
8.B
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Page 1 of 2
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE INITIATING AND CONSENTING TO A REVERSION TO
ACREAGE OF 19 LOTS INTO ONE SINGLE LOT ON 2.55 ACRES
LOCATED ON THE EAST SIDE OF GRAND TERRACE ROAD,
APPROXIMATELY 150 TO 400 FEET SOUTH OF VIVIENDA AVENUE
WHEREAS,the City of Grand Terrace, has been awarded a grant by the State of
California Department of Parks and Recreation for the acquisition and development of a
2.55-acre park located on the east side of Grand Terrace Road, and approximately 150
to 400 feet south of Vivienda Avenue, identified as Assessor’s Parcel Numbers
0275-231-48 through 66.
WHEREAS,on June 14, 1990, the City Council adopted Resolution No. 90-08
approving a 19-lot subdivision for the purposes of development a multiple family planned
unit development project, which was recorded in 1992.
WHEREAS,on October 31, 2011, the City of Grand Terrace acquired title to the
subject site;
WHEREAS,to ensure the development of the park wholly on one parcel as
opposed to over multiple lots a reversion to acreage of previously recorded Tract Map
14816, a 19-lot subdivision, is proposed.
WHEREAS,the City Council wishes to initiate and consents to reversion to
acreage proceedings.
WHEREAS,on July 10, 2012, the City Council conducted a duly noticed public
meeting at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand
Terrace, California 92313 and concluded the hearing on said date.
WHEREAS,all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace:
1.The proceedings for reversion to acreage of Tract Map 14816 are hereby initiated
and consented to.
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PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at
a meeting held on the 10th of July, 2012.
ATTEST:
____________________________________________________
Tracey R. Martinez Walt Stanckiewitz
City Clerk Mayor
Approved as to form:
__________________________
City Attorney
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