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04/23/2013CITY OF GRAND TERRACE CITY COUNCIL AGENDA • APRIL 23, 2013 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center • 22795 Barton Road City of Grand Terrace Page 1 Updated 4/4/2013 11:29 AM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the City Council during the meeting, please complete a request to speak form available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at city hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.cityofgrandterrace.org CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Walt Stanckiewitz ¨¨¨ Mayor Pro Tem Bernardo Sandoval ¨¨¨ Council Member Darcy McNaboe ¨¨¨ Council Member Jackie Mitchell ¨¨¨ Council Member Sylvia Robles ¨¨¨ 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS A.SANBAG Presentation -Alternative 7 B.Proclamation -Child Abuse Prevention Month -April 2013 C.Certificates of Appreciation -Grand Terrace Volunteer Groups D.Commendation -Boy Scout Troop 40 Agenda Grand Terrace City Council April 23, 2013 City of Grand Terrace Page 2 Updated 4/4/2013 11:29 AM E.Grand Terrace Area Chamber of Commerce Business of the Month F.Foundation of Grand Terrace Update 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 B.Community Emergency Response Team (C.E.R.T.) Executive Committee Member Resignation (Roberts) C.Approval of the Change of Regular Meeting Time for the Historical and Cultural Activities Committee D.Amendment to the Black and Veatch Professional Services Contract E.Approval of Check Register No. 04-23-2013 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.Amendment No. 3 to Extend and Amend the Term of the Library Lease Agreement with the County of San Bernardino B.Resolution Transferring Successor Agency Housing Assets to the Grand Terrace Housing Authority C.Election Advisory Services 9.CLOSED SESSION ADJOURN The Next Regular City Council Meeting will be held on Tuesday, May 14, 2013 at 6:00 PM. Agenda Grand Terrace City Council April 23, 2013 City of Grand Terrace Page 3 Updated 4/4/2013 11:29 AM Agenda item requests must be submitted in writing to the City Clerk’s office no later than 14 calendar days preceding the meeting. AGENDA REPORT MEETING DATE:April 23, 2013 Council Item TITLE:Community Emergency Response Team (C.E.R.T.) Executive Committee Member Resignation (Roberts) PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Accept the Letter of Resignation of Community Emergency Response Team (C.E.R.T.) Executive Committee Member Tom Roberts, direct Staff to send a letter of regret and direct the City Clerk to post a Notice of Vacancy. BACKGROUND: Tom Roberts was appointed to serve as a regular member of the Community Emergency Response Team Executive Committee on July 10, 2012 by the City Council with a term continuing to June 30, 2016. DISCUSSION: On April 8, 2013, the City Clerk received an email from Mr. Roberts indicating that he was resigning from his position on the Community Emergency Response Team Executive Committee. The email is attached for your review. With the resignation of Mr. Roberts, the CERT Executive Committee will have two regular member vacancies. After acceptance of Mr. Robert's resignation, staff will post a notice of vacancy pursuant to Government Code Section 54974, prepare a letter of regret and begin accepting applications from residents who may wish to serve on the Committee. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: ·Letter of Resignation APPROVALS: Tracey Martinez Completed 04/15/2013 5:54 PM Finance Completed 04/17/2013 3:24 PM City Attorney Completed 04/17/2013 4:37 PM City Manager Completed 04/17/2013 5:34 PM City Council Pending 3.B Packet Pg. 4 (4/8/2013) TRACEY MARTINEZ - Resignation Page 1 From: "Smidjun" <Smidjun@roadrunner.com> To: "TRACEY MARTINEZ" <TMARTINEZ@cityofgrandterrace.org > Date: 4/4/2013 3:18 PM Subject: Resignation CC: "Barbara Smeltzer" <Bsmelt1516@aol.com >, "Debra Hurst" <djhurst6658@att.... Tracy, Please consider this my resignation from the position of Commander of the Cert Executive Committee. Tom Roberts (909) 996-1702 3.B.a Packet Pg. 5 At t a c h m e n t : L e t t e r o f R e s i g n a t i o n ( 1 2 5 2 : C o m m i t t e e R e s i g n a t i o n C E R T - T o m R o b e r t s ) AGENDA REPORT MEETING DATE:April 23, 2013 TITLE:Approval of the Change of Regular Meeting Time for the Historical and Cultural Activities Committee PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Staff Recommends that the City Council approve a Resolution Rescinding Resolution 2009-06 in its entirety and Establishing the Meeting Times for Regular City Council Meetings, Commission Meeting and Committee Meeting (Which includes the time change for the Historical and Cultural Activities Committee to 6:00 p.m. on the first Monday of each month.) BACKGROUND: The Historical and Cultural Activities Committee is a Council appointed committee. They are scheduled to meet on the first Monday of each month at 7:00 p.m. The regular meeting day and time is set by City Council Resolution. When the Committee was established they were assigned a staff member liaison, which is the City Clerk. The City Clerk attends all of the Committee meetings. DISCUSSION: Staff requested that the Committee consider changing their meeting time to better accommodate staff due to the gap in time between the end of the work day and the meeting. After some discussion, the committee agreed to meet at 6:30 p.m. on a trial basis. They met once at 6:30 p.m. and then decided that they would try meeting at 6:00 p.m. After meeting twice at 6:00 p.m. they all agreed that 6:00 p.m. is a time that would work for them and it works for staff as well. Because the regular meeting days and times for the City Council, Commissions and Committees are set by Council Resolution, staff is recommending that Council repeal Resolution 2009-06 and adopt a new resolution which will include setting the regular meeting time for the Historical and Cultural Activities Committee at 6:00 p.m. The proposed Resolution is attached for your review. FISCAL IMPACT: There is no fiscal impact with this action. ATTACHMENTS: ·Proposed Resolution 3.C Packet Pg. 6 APPROVALS: Tracey Martinez Completed 04/18/2013 10:35 AM Finance Completed 04/18/2013 10:44 AM City Attorney Completed 04/18/2013 12:02 PM City Manager Completed 04/18/2013 12:30 PM City Council Pending 3.C Packet Pg. 7 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,RESCINDING RESOLUTION NO. 2009-06 AND ESTABLISHING TIMES FOR REGULAR CITY COUNCIL MEETINGS, COMMISSION MEETINGS AND COMMITTEE MEETINGS WHEREAS, the City Council of the City of Grand Terrace has determined the need to amend the regular time of the Historical and Cultural Activities Committee meetings; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE does hereby resolve, declare determine, and order the following: SECTION 1.Rescission –Resolution No. 2009-06 is hereby rescinded in its entirety. SECTION 2.Regular Meeting Times –The times for regular City Council meetings, Commission meetings and Committee meetings are hereby established for the City of Grand Terrace, and said meeting times shall be effective April 23, 2013. SECTION 3.Regular meetings of the City Council of the City of Grand Terrace shall be held on the second and fourth Tuesdays of each month at the hour of 6:00 p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day or a day set forth by the governing body. Said meeting shall take place in the Grand Terrace Civic Center Council Chambers or a location set forth by the governing body. SECTION 4.Regular meetings of the Planning Commission of the City of Grand Terrace shall be held on the first and third Thursdays of each month at the hour of 6:30 p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day or a day set forth by the governing body. Said meeting shall take place in the Grand Terrace Civic Center Council Chambers or a location set forth by the governing body. SECTION 5.Regular meetings of the Crime Prevention Committee of the City of Grand Terrace shall be held on the second Monday of each month at the hour of 4:00 p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day or a day set forth by the governing body. Said meeting shall take place at the Grand Terrace Civic Center upstairs conference room or a location set forth by the governing body. SECTION 6.Regular meetings of the Emergency Operations Committee of the City of Grand Terrace shall be held on the first Tuesday of each month at the hour of 6:00 p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day or a day set forth by the 3.C.a Packet Pg. 8 At t a c h m e n t : P r o p o s e d R e s o l u t i o n ( 1 2 5 3 : H i s t o r i c a l & C u l t u r a l A c t i v i t i e s C o m m i t t e e M e e t i n g T i m e C h a n g e ) governing body. Said meeting shall take place in the E.O.C. Conference Room, Building 3, 22795 Barton Road, Grand Terrace or a location set for by the governing body. SECTION 7.Regular meetings of the Historical and Cultural Activities Committee of the City of Grand Terrace shall be held on the first Monday of each month at the hour of 6:00 p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding calendar day or a day set forth by the governing body. Said meeting shall take place at the Grand Terrace Civic Center conference room or a location set forth by the governing body. PASSED, APPROVED, AND ADOPTED this 23rd day of April, 2013. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace I, Tracey R. Martinez, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk, City of Grand Terrace Approved as to form: City Attorney 3.C.a Packet Pg. 9 At t a c h m e n t : P r o p o s e d R e s o l u t i o n ( 1 2 5 3 : H i s t o r i c a l & C u l t u r a l A c t i v i t i e s C o m m i t t e e M e e t i n g T i m e C h a n g e ) AGENDA REPORT MEETING DATE:April 23, 2013 Council Item TITLE:Amendment to the Black and Veatch Professional Services Contract PRESENTED BY:Richard Shields, Community Development Director RECOMMENDATION:Approve Amendment to the existing Black & Veatch Professional Service Agreement. BACKGROUND: On May 24, 2011 Black & Veatch entered into a contract with the City to perform research work on the City’s existing sewer billing process and also review City ordinances relating to sewer billing. Black and Veatch were also contracted to research requests from the City of Colton to pay additional sewer rate charges. Black & Veatch has performed most of this research and provided direction to City Staff. Black & Veatch have also attended numerous meetings with the City of Colton to discuss the current sewer rates charged to Grand Terrace. Black & Veatch will complete work on the original contract after the City resolves the sewer service charges with the City of Colton. DISCUSSION: Through the services under the original Agreement, Staff and Black & Veatch agreed that additional services were needed regarding the City's need to reach a mutually beneficial wastewater treatment agreement with the City of Colton. Staff is therefore presenting an amendment to the original Professional Service Agreement with Black & Veatch to add language allowing additional services as listed below: 1.Black & Veatch will assist the City with language for a new wastewater treatment agreement between the City and the City of Colton. The wastewater agreement will incorporate both sewer service charges and capacity fees,(Sewer Connection Fees). 2.Black & Veatch will conduct a financial analysis on the City of Colton's rate model to determine an adequate sewer service charge. 3. Black & Veatch will attend meetings with the City staff, City Council, City of Colton and other stakeholders deemed appropriate by staff to discuss the treatment agreement and fees. The additional scope of services will be invoiced on a time and materials basis and not to exceed the total sum of Twenty Two Thousand Dollars ($22,000). Staff is not sure of the time that will be needed to complete the new scope of service. It is anticipated that there will be numerous meetings remaining along with the initial work. The additional 3.D Packet Pg. 10 work is anticipated to be completed by Calendar Year 2013 by the following Black & Veatch Staff: Title, Personal Billing Rate ($/hr) Director, Ann Bui $230 Manager, A.Morales $185 FISCAL IMPACT: The City entered into the professional service agreement with the Black & Veatch on May 24, 2011 for $30,000, Account No. 21-175-255. This proposed amendment will add an additional $22,000 for a total of $52,000 to the professional services agreement for additional research into Colton’s rate model and also the creation of new sewer modeling for adequate sewer service charges. Funding for the amendment has already been included in the 2013-2014 proposed budget. ATTACHMENTS: ·Grand Terrace CA City ofAmendment to Professional Services Agreement Sewer User Billing SystemsReview and Ordinance Revision -04 08 2013 APPROVALS: Richard Shields Completed 04/18/2013 6:11 AM Finance Completed 04/18/2013 10:35 AM City Attorney Completed 04/18/2013 11:56 AM Community Development Completed 04/18/2013 1:41 PM City Manager Completed 04/18/2013 2:47 PM City Council Pending 3.D Packet Pg. 11 8th 3.D.a Packet Pg. 12 At t a c h m e n t : G r a n d T e r r a c e C A C i t y o f A m e n d m e n t t o P r o f e s s i o n a l S e r v i c e s A g r e e m e n t S e w e r U s e r B i l l i n g S y s t e m s R e v i e w a n d O r d i n a n c e Legal PM Date: 4/8/13 Date: Approved: Approved: 3.D.a Packet Pg. 13 At t a c h m e n t : G r a n d T e r r a c e C A C i t y o f A m e n d m e n t t o P r o f e s s i o n a l S e r v i c e s A g r e e m e n t S e w e r U s e r B i l l i n g S y s t e m s R e v i e w a n d O r d i n a n c e 3.D.a Packet Pg. 14 At t a c h m e n t : G r a n d T e r r a c e C A C i t y o f A m e n d m e n t t o P r o f e s s i o n a l S e r v i c e s A g r e e m e n t S e w e r U s e r B i l l i n g S y s t e m s R e v i e w a n d O r d i n a n c e 3.D.a Packet Pg. 15 At t a c h m e n t : G r a n d T e r r a c e C A C i t y o f A m e n d m e n t t o P r o f e s s i o n a l S e r v i c e s A g r e e m e n t S e w e r U s e r B i l l i n g S y s t e m s R e v i e w a n d O r d i n a n c e AGENDA REPORT MEETING DATE:April 23, 2013 Council Item TITLE:Approval of Check Register No. 04-23-2013 PRESENTED BY:Cynthia Fortune, Finance Manager RECOMMENDATION:Approve Attached Check Register for April 23, 2013, as submitted, which includes the Check Register Account Index and Voucher Listings for Fiscal Year 2012-13. BACKGROUND: The Check Register for April 23, 2013 is presented in accordance with Government Code §37202 and is hereby submitted for the City Council’s approval. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund- Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. A total of $438,474.59 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register. New vendors: Check No.Payee Description Amount No New Vendors Payments larger than $10,000: Check No.Payee Description Amount 69185 CA Public Emp. Retirement Sys PERS Health Insurance for April $12,699.07 69205 Hamel Construction Inc West Side Park Construction Payment 2 $336,219.10 69190 Public Emp. Retirement Sys PERS Contributions for payroll ending 3/1/2013 $12,577.05 69191 Public Emp. Retirement Sys PERS Contributions for payroll ending 2/15/2013 $14,440.02 69219 S. B. County Dept of Public Works Flood Control District Agreement for 4th Quarter $10,225.00 3.E Packet Pg. 16 Check No.Payee Description Amount 69229 Willdan Financial Financial Services for March $19,040.00 Payroll costs for the period ending March 29, 2013 and April 12, 2013 Pay Per.Period Ending Period Amount 7 03/29/2013 Biweekly $53,731.68 8 4/12/2013 Biweekly $52,785.38 FISCAL IMPACT: All disbursements are made in accordance with the Adopted Budget for Fiscal Year 2012-13. ATTACHMENTS: ·Check Register Account Index ·Check Register 4-23-2013 APPROVALS: Finance Completed 04/18/2013 2:52 PM Cynthia Fortune Completed 04/18/2013 2:52 PM City Attorney Completed 04/18/2013 4:15 PM City Manager Completed 04/18/2013 4:15 PM City Council Pending 3.E Packet Pg. 17 City of Grand Terrace Check Register Index FD No.Fund Name Dept No.Department Name/Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN 11 STREET FUND 125 CITY CLERK 140 RETIREMENT 12 STORM DRAIN FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE 13 PARK FUND 160 CITY ATTORNEY 143 WORKERS' COMPENSATION 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 138/141 MEDICARE / SUI 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 16 GAS TAX FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 17 TRAFFIC SAFETY FUND/ TDA FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 19 FACILITIES DEVELOPMENT FUND 187 ENFORCEMENT PROGRAM 230 ADVERTISING 20 MEASURE I FUND 190 GENERAL GOVERNMENT (NON-DEPT) 235 COMMUNICATIONS 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 238-239 UTILITIES 22 COMMUNITY DEV. BLOCK GRANT 370 COMMUNITY & ECONOMIC DEV 240-242 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 245-246 MAINT BLDG GRNDS EQUIPMNT 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 250-251 PROFESSIONAL SERVICES 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 255-256 CONTRACTUAL SERVICES 47 BARTON RD. BRIDGE PROJECT 440 CHILD CARE 260 INSURANCE & SURETY BONDS 48 CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES 32 CRA-CAPITAL PROJECTS FUND 510 STREET & SIGNAL LIGHTING 268 TRAINING 33 CRA-DEBT SERVICE FUND 600 WEST SIDE PARK 270 TRAVEL/CONFERENCES/MTGS 34 CRA-LOW & MOD HOUSING 601 TRACT 14471 PICO & ORIOLE 272 FUEL & VEHICLE MAINTENANCE 602 FORREST CITY PHASE II 570 WASTEWATER TREATMENT 631 STORM DRAIN MAINTENANCE 33-300 DEBT SERVICE 801 PLANNING COMMISSION 7XX FACILITIES IMPRV (NO CIP) 802 CRIME PREVENTION UNIT 700 COMPUTER-RELATED 804 HISTORICAL & CULTURAL COMM. 701 VEHICLES & EQUIPMENT 805 SENIOR CITIZENS PROGRAM 807 PARKS & REC COMMITTEE 808 EMERGENCY OPERATIONS PROG. 3. E . a Pa c k e t P g . 1 8 Attachment: Check Register Account Index (1255 : Check Register No. 04-23-2013) 04/17/2013 Voucher List CITY OF GRAND TERRACE 1 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69184 4/17/2013 010693 ARROWHEAD UNITED WAY PR End 3/29/13 Contributions for PR End 3/29/13 10-022-65-00 17.50 Total : 17.50 69185 4/17/2013 010996 CA PUB EMPLOYEES' RET. SYSTEM 931 April PERS Health Insurance-Emp/Dep 10-190-265-000-000 38.28 10-022-61-00 4,933.78 09-440-142-000-000 2,401.75 10-120-142-000-000 633.09 10-125-142-000-000 317.35 10-140-142-000-000 448.82 10-172-142-000-000 419.35 10-175-142-000-000 578.02 10-185-142-000-000 136.01 10-370-142-000-000 521.35 10-380-142-000-000 453.35 10-450-142-000-000 181.34 10-625-142-000-000 206.27 16-175-142-000-000 566.69 21-175-142-000-000 317.35 21-625-142-000-000 88.40 32-200-142-000-000 457.87 Total : 12,699.07 69186 4/17/2013 001907 COSTCO #478 0478 10 0037 94 FOOD & SNACKS FOR ALL PROGRAMS 09-440-220-000-000 170.32 Total : 170.32 69187 4/17/2013 001907 COSTCO #478 0478 12 0133 8 FOOD & SNACKS FOR ALL PROGRAMS 09-440-220-000-000 196.17 Total : 196.17 69188 4/17/2013 011206 MIDAMERICA ADMIN & RETIRE PR End 4/12/13 Contributions for PR End 4/12/13 10-022-68-00 165.53 Total : 165.53 1Page: 3.E.b Packet Pg. 19 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) 04/17/2013 Voucher List CITY OF GRAND TERRACE 2 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69189 4/17/2013 011206 MIDAMERICA ADMIN & RETIRE PR End 3/29/13 Contribution for PR End 3/29/2013 10-022-68-00 176.61 Total : 176.61 69190 4/17/2013 005702 PUBLIC EMPLOYEES' RETIREMENT PR End 3/1/13 PERS Contributions-PR End 3/1/13 10-022-62-00 12,577.05 Total : 12,577.05 69191 4/17/2013 005702 PUBLIC EMPLOYEES' RETIREMENT PR End 2/15/13 PERS Contributions-PR End 2/15/13 10-022-62-00 14,440.02 Total : 14,440.02 69192 4/23/2013 001024 UNITED STATES TREASURY 255761 Window Envelopes with City Logo 10-140-210-000-000 274.32 Total : 274.32 69193 4/23/2013 010020 ALLIANT INSURANCE SERVICES 113469 Annual Art Show Liability Insurance 10-804-220-000-000 184.00 Total : 184.00 69194 4/23/2013 001185 APPLIANCE DOCTOR 010090 Child Care Restroom Repairs 23-200-14-00 275.52 Total : 275.52 69195 4/23/2013 011213 BLACK & VEATCH CORP 1157746 MARCH UTIL BILL/SEWER COST ANLYS 21-175-255-000-000 303.15 Total : 303.15 69196 4/23/2013 010867 CHAMPION FIRE SYSTEMS INC 28357 4th Qtr City Hall Fire Alarm Monitoring 10-195-246-000-000 144.00 Total : 144.00 69197 4/23/2013 011031 CINTAS CORPORATION #150 150811142 REST ROOM SUPPLIES 09-440-228-000-000 174.17 150820095 REST ROOM SUPPLIES 09-440-228-000-000 137.28 Total : 311.45 2Page: 3.E.b Packet Pg. 20 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) 04/17/2013 Voucher List CITY OF GRAND TERRACE 3 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69198 4/23/2013 010866 CIVIC PLUS 132307 APRIL-JUNE WEBSITE HOSTING & MAINT. 10-125-250-000-000 2,076.00 Total : 2,076.00 69199 4/23/2013 011029 COBRA SIMPLE 178 MARCH COBRA ADMINISTRATION FEE 10-190-220-000-000 50.00 Total : 50.00 69200 4/23/2013 001950 DATA QUICK B1-2147835 MARCH SUBSCRIPTION SERVICES 10-370-250-000-000 87.00 10-380-250-000-000 43.50 Total : 130.50 69201 4/23/2013 001942 DATA TICKET INC.45954 FEBRUARY PRKG CITATION PROC SVCS 10-140-255-000-000 500.00 Total : 500.00 69202 4/23/2013 002082 DISCOUNT SCHOOL SUPPLY 204473100102 CHILD CARE SUPPLIES 09-440-246-000-000 333.83 Total : 333.83 69203 4/23/2013 002740 FRUIT GROWERS SUPPLY 91237015 MAINT SUPPLIES 10-450-245-000-000 6.96 Total : 6.96 69204 4/23/2013 002867 GOLDEN PROTECTIVE SERVICES 178620 RUBBER GLOVES/SUPPLIES 09-440-228-000-000 86.18 Total : 86.18 69205 4/23/2013 011030 HAMEL CONTRACTING INC.Application#2 WEST SIDE PARK CONSTRUCTION PYMT#2 48-600-325-005-000 336,219.10 Total : 336,219.10 69206 4/23/2013 010632 HIGH TECH SECURITY SYSTEMS 104108 MAY SECURITY CAMERA MONITORING 10-450-246-000-000 60.00 10-195-247-000-000 20.00 Total : 80.00 3Page: 3.E.b Packet Pg. 21 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) 04/17/2013 Voucher List CITY OF GRAND TERRACE 4 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69207 4/23/2013 011235 IQM2 INC.4462 APRIL MINUTETRAQ SUBSCRIPTION 10-125-250-000-000 550.00 Total : 550.00 69208 4/23/2013 010773 KELLAR SWEEPING INC.7558 MARCH STREET SWEEPING SVCS 16-900-254-000-000 4,200.00 Total : 4,200.00 69209 4/23/2013 011270 MADRID, ROSEANNE 04162013 PARK RESERVATION REFUND-MADRID 10-450-01 70.00 Total : 70.00 69210 4/23/2013 011261 MITCHELL, JACQUELINE March 2013 March Health Ins Reim-Mitchell 10-110-142-000-000 213.00 Total : 213.00 69211 4/23/2013 005400 OFFICE DEPOT 649567409001 GENERAL OFFICE SUPPLIES 09-440-210-000-000 403.80 649567841001 GENERAL OFFICE SUPPLIES 09-440-210-000-000 58.68 649567842001 GENERAL OFFICE SUPPLIES 09-440-210-000-000 21.59 649567843001 GENERAL OFFICE SUPPLIES 09-440-210-000-000 79.63 650814661001 OFFICE SUPPLIES 10-172-210-000-000 91.79 10-175-210-000-000 91.80 650814732001 OFFICE SUPPLIES 10-172-210-000-000 51.28 10-175-210-000-000 51.29 Total : 849.86 69212 4/23/2013 005586 PETTY CASH 04152013 Replenish C.Care Petty Cash 09-440-220-000-000 86.60 09-440-221-000-000 45.78 09-440-223-000-000 30.47 09-440-228-000-000 101.47 4Page: 3.E.b Packet Pg. 22 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) 04/17/2013 Voucher List CITY OF GRAND TERRACE 5 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 264.32 69212 4/23/2013 005586 PETTY CASH 69213 4/23/2013 005688 PROTECTION ONE 3020955 4TH QTR ALARM MONITORING 10-195-247-000-000 99.48 10-195-247-000-000 16.56 Total : 116.04 69214 4/23/2013 011245 RAQUEL'S CLEANING SERVICE 0000009 APRIL C. CARE CLEANING SERVICES 09-440-244-000-000 800.00 Total : 800.00 69215 4/23/2013 011074 REDFLEX TRAFFIC SYSTEMS January 2013 January Contract Services 17-900-255-000-000 779.43 Total : 779.43 69216 4/23/2013 010171 SIEMENS INDUSTRY INC 400098814 MARCH TRAFFIC SIGNAL & QUIKNET MAINT 16-510-255-000-000 1,163.36 400099805 March Response Call Outs 16-510-255-000-000 1,321.79 Total : 2,485.15 69217 4/23/2013 011175 ROBLES, SYLVIA March 2013 March Health Ins Reim-Robles 10-110-142-000-000 453.35 Total : 453.35 69218 4/23/2013 006335 ROQUET PAVING INC.0306-13 EMERGENCY ASPHALT PATCHING 16-900-257-000-000 4,750.00 Total : 4,750.00 69219 4/23/2013 006557 S.B. COUNTY DEPT. PUBLIC WORKS FC 089/13 FLOOD CTRL DIST AGRMT 11-545 10-625-220-000-000 7,157.50 21-625-220-000-000 3,067.50 Total : 10,225.00 69220 4/23/2013 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT413CC 4TH QTR HOUSEHOLD HAZ WASTE SVCS 10-187-258-000-000 4,133.00 Total : 4,133.00 5Page: 3.E.b Packet Pg. 23 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) 04/17/2013 Voucher List CITY OF GRAND TERRACE 6 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69221 4/23/2013 006778 STAPLES 3156421001 Office Supplies 10-140-210-000-000 58.82 Total : 58.82 69222 4/23/2013 006898 SYSCO FOOD SERVICES OF L.A.304090410 8 FOOD & SUPPLIES FOR SNACK/LUNCHES 09-440-220-000-000 749.98 Total : 749.98 69223 4/23/2013 010397 TIM GODDARD'S PLUMBING 3428 Repairs to Sheriff Office sewer line 10-195-246-000-000 148.94 Total : 148.94 69224 4/23/2013 007034 TRANSPORTATION ENGINEERING 1268 FEBRUARY TRAFFIC ENGINEERING SVCS 10-175-250-000-000 1,782.00 Total : 1,782.00 69225 4/23/2013 007220 UNDERGROUND SERVICE ALERT 320130289 MARCH DIG ALERT TICKETS 16-900-220-000-000 34.50 Total : 34.50 69226 4/23/2013 001038 VERIZON WIRELESS-LA 9702045792 Mar-Apr Cell Phone for CDD Director 10-175-235-000-000 105.73 Total : 105.73 69227 4/23/2013 007854 WESTERN EXTERMINATORS CO 1110734 MARCH PEST CONTROL SERVICES 10-195-245-000-000 95.00 10-805-245-000-000 36.50 Total : 131.50 69228 4/23/2013 007920 WILLDAN 002-13186 MARCH PLAN CHECK & INSPECTION SVCS 10-172-250-000-000 2,405.00 002-13187 MARCH ENGINEERING SERVICES 10-175-255-000-000 1,860.00 Total : 4,265.00 69229 4/23/2013 011256 WILLDAN FINANCIAL SERVICES 010-20544 MARCH FINANCE DEPARTMENT SERVICES 10-140-250-000-000 19,040.00 6Page: 3.E.b Packet Pg. 24 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) 04/17/2013 Voucher List CITY OF GRAND TERRACE 7 5:36:10PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 19,040.00 69229 4/23/2013 011256 WILLDAN FINANCIAL SERVICES 69230 4/23/2013 007987 XEROX CORPORATION 067328443 MARCH WC5755A XEROX COPIER LEASE 10-190-700-000-000 305.27 10-190-212-000-000 136.74 067328444 MARCH RENTAL WC7556 XEROX MACHINE 10-190-700-000-000 287.57 10-190-212-000-000 122.11 Total : 851.69 Bank total : 438,474.59 47 Vouchers for bank code :bofa 438,474.59Total vouchers :Vouchers in this report 47 7Page: 3.E.b Packet Pg. 25 At t a c h m e n t : C h e c k R e g i s t e r 4 - 2 3 - 2 0 1 3 ( 1 2 5 5 : C h e c k R e g i s t e r N o . 0 4 - 2 3 - 2 0 1 3 ) AGENDA REPORT MEETING DATE:April 23, 2013 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, Deputy Community Development Director 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, as permitted by the California Government Code. 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 was extended by a four-fifths vote of the City Council for an additional 15 days and 10 months on July 10, 2012, resulting in a 12-month moratorium. The existing moratorium is set to expire in 45 days, on June 6, 2013. DISCUSSION: 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 to establish updated and revised provisions. A numbers of revisions to the existing zoning code (Chapter 18.70 -Adult Business Regulations) were identified to strengthen the provisions. The changes included: 1.Clean up changes to ensure that the ordinance is internally consistent; 2.Expand operational requirements so that they are applicable to as many adult businesses as possible; 6.A Packet Pg. 26 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. It is clear that the revisions to the existing code must be very detailed and precise; and take into consideration case law and secondary impact studies. It is essential that revised regulations protect the general public health and safety of adverse secondary impacts in light of constitutional protections enjoyed by adult businesses. Staff has carefully drafted a complete revision to Zoning Code Chapter 18.70 which will consist of the location, development and operational standards for adult businesses, and has drafted two new Municipal Code chapters to regulate the licensing of adult business owners, managers and performers. These chapters are undergoing review by the City Attorney’s Office. An evaluation of the sites wherein an adult use could locate in light of the distance requirements contained in the ordinance was also conducted, as the City must demonstrate that there are eligible sites that an adult use could reasonably locate within the marketplace. Given the small size of the City and that it is primarily made up of residential uses, this exercise has proven challenging. It also necessitated an analysis of the proximity of adult uses located outside of the City. The results of that evaluation are currently being reviewed by the City Attorney’s office. These code amendments require public hearings before both the Planning Commission and City Council and will require significant consideration by both Boards. Staff expects that the Planning Commission public hearing will be scheduled in May. At the conclusion of the hearing, the amendments will be scheduled for public hearing before the City Council. These revisions are comprehensive and could very well require additional hearings, pushing up against the moratorium’s June 6th expiration date. It is appropriate that adequate time is taken during the hearing process to fully consider the amendments. Therefore, as provided for in the California Government Code, staff recommends the extension of the existing moratorium for a total period of one year. After which, no other extensions are permissible. FISCAL IMPACT: No fiscal impact will occur as a result of extending the interim urgency ordinance. ATTACHMENTS: ·1. Extension of Urgency Ordinance Adult Businesses 6.A Packet Pg. 27 APPROVALS: Sandra Molina Completed 04/08/2013 7:58 AM Richard Shields Completed 04/08/2013 9:04 AM Finance Completed 04/08/2013 11:39 AM City Attorney Completed 04/08/2013 12:05 PM Community Development Completed 04/08/2013 1:32 PM City Manager Completed 04/09/2013 9:57 AM City Council Pending 6.A Packet Pg. 28 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 TWELVE (12) MONTHS 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 blighting conditions such as low-level maintenance of commercial premises and 6.A.a Packet Pg. 29 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) 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;and 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, and extended the interim urgency ordinance by an additional ten (10) months and fifteen (15) days by four fifths vote on July 10, 2012; and 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 twelve (12) months;and 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 April 23, 2013 with the herein ordinance;and WHEREAS, pursuant to Government Code Section 65090, notice of the public hearing for the moratorium extension was published in the Grand Terrace City News on Thursday, April 11, 2013; and WHEREAS, pursuant to Government Code Section 65858(a), a public hearing on this action was held by the City Council on April 23, 2013; and 6.A.a Packet Pg. 30 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) 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 finds that the code amendments are far reaching requiring careful deliberation before the Planning Commission and City Council most likely requiring additional hearings that would extend beyond the current June 6, 2013, moratorium expiration date. SECTION 3. The City Council finds that it is appropriate for the Commission and Council to take the time to carefully deliberate the proposed code amendments and hereby declares and imposes the extension for an additional twelve (12) months of an existing City-wide moratorium on the establishment or expansion of adult businesses. SECTION 4. 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 5. 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. 6.A.a Packet Pg. 31 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) SECTION 6. "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 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 7. “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 8. "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. 6.A.a Packet Pg. 32 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) “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. SECTION 9. 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 10. 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 June 7, 2013 and shall be in effect for a period of twelve (12)months (June 7, 2014). SECTION 11. 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 12.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. 6.A.a Packet Pg. 33 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) SECTION 13. 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. SECTION 14. 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 15. 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 16. 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 17. 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 18. 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 6.A.a Packet Pg. 34 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) 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. SECTION 19. 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 20.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 23rd day of April, 2013. ___________________________ Walt Stanckiewitz Mayor ATTEST:APPROVED AS TO FORM: ___________________________________________________ Tracey Martinez Richard L. Adams II City Clerk City Attorney 6.A.a Packet Pg. 35 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) 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 23rd day of April, 2013 to be adopted effective on the 23rd day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAINED: ___________________________ Tracey Martinez City Clerk 6.A.a Packet Pg. 36 At t a c h m e n t : 1 . E x t e n s i o n o f U r g e n c y O r d i n a n c e A d u l t B u s i n e s s e s ( 1 2 3 9 : E x t e n s i o n o f a M o r a t o r i u m o n A d u l t B u s i n e s s e s ) AGENDA REPORT MEETING DATE:April 23, 2013 Council Item TITLE:Amendment No. 3 to Extend and Amend the Term of the Library Lease Agreement with the County of San Bernardino PRESENTED BY:Sandra Molina, Deputy Community Development Director RECOMMENDATION:(1) Approve Amendment No. 3 exercising a third two-year extension and amending the term of the Lease Agreement to allow for two three-year extensions; and (2) Authorize the City Manager to execute Amendment No. 3. BACKGROUND: The County of San Bernardino has operated the City’s Public Library at the Civic Center since its opening in 1985, and the Lease Agreement has been continually renewed and extended. The current Lease was approved in 2004 for a five-year period with three, two-year extension options. The first two two-year options have been exercised, and the current extension is set to expire on May 31, 2013. DISCUSSION: The County is requesting to exercise the third two-year option, and also proposing to amend the Lease to allow for two three-year options, which would allow the Lease to be extended to May 2021. Amendment No. 3 to the Lease Agreement is attached. Page 2, Paragraph 4 of the Amendment lists the monthly rent for the two-year extension as shown below. These rent amounts reflect a 2% annual increase. June 1, 2013 through May 31, 2014: $1,610.00 ($.46 per square foot) June 1, 2014 through May 31, 2015: $1,645.00 ($.47 per square foot) Page 2, Paragraph 5 of Amendment No. 3 includes the option to extend the term of the Lease for two (2) three year extensions, with the rent being subject to good faith negotiations. FISCAL IMPACT: The estimated annual rental revenue to the City in Fiscal Year 2013-2014 is $19,320.00, and $19,740.00 in Fiscal Year 2014-15. ATTACHMENTS: ·Contract Grand Terrace Library 22795 Barton Road A3 8.A Packet Pg. 37 APPROVALS: Sandra Molina Completed 04/09/2013 12:01 PM Richard Shields Completed 04/09/2013 3:32 PM Finance Completed 04/17/2013 9:21 AM City Attorney Completed 04/17/2013 4:32 PM Community Development Completed 04/17/2013 4:53 PM City Manager Completed 04/17/2013 5:45 PM City Council Pending 8.A Packet Pg. 38 Auditor-Controller/Treasurer Tax Collector Use Only o Contract Database o FAS Input Date Keyed By Page 1 of 3 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Grand Terrace hereinafter called LANDLORD Address 22795 Barton Road Grand Terrace, CA 92313-5295 Telephone (909) 430 -2230 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.) WHEREAS, the COUNTY and LANDLORD have previously entered into a Lease Agreement, Contract No. 04-427, wherein LANDLORD agreed to lease certain real property to the COUNTY; and, WHEREAS, COUNTY and LANDLORD now desire to amend the Lease Agreement, Contract No. 04-427, to reflect the COUNTY’S exercise of its third and final two-year option extending the term through May 31, 2015 and to add two (2) three-year options to extend the term of the lease. NOW THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 04-427, is amended as follows: 1.EXTEND the term of the Lease as provided in Paragraph 3, TERM, from June 1, 2013 through May 31, 2015. FOR COUNTY USE ONLY New FAS Vendor Code SC Dept.A Contract Number X Change CITYOFG135 RNT 04-427 A-3 Cancel ePro Vendor Number ePro Contract Number County Department Dept.Orgn.Contractor’s License No. Real Estate Services RNT RNT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino F A S STANDARD CONTRACT THIRD AMENDMENT David H. Slaughter, Director (909)387-5252 $188,508.00 Contract Type Revenue x Encumbered Unencumbered Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 6/1/2004 5/31/2015 $149,448.00 $39,060.00 Fund Dept.Organization Appr.Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 2095 60001937 $ 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 GRAND TERRACE-LIBRARY FY Amount I/D FY Amount I/D 22795 Barton Road 8.A.a Packet Pg. 39 At t a c h m e n t : C o n t r a c t G r a n d T e r r a c e L i b r a r y 2 2 7 9 5 B a r t o n R o a d A 3 ( 1 2 4 7 : E x t e n s i o n a n d A m e n d m e n t o f L i b r a r y L e a s e ) Revised 1/8/13 Page 2 of 3 2.Effective June 1,2013, DELETE the existing Paragraph 4, RENT, and SUBSTITUTE therefore the following as a new Paragraph 4, RENT: 4.RENT: a.COUNTY shall pay to LANDLORD the following monthly rental payments in arrears on the last day of each month, commencing when the extended term commences, continuing during the term: June 1, 2013 to May 31, 2014 –monthly rental amount of $1,610.00 ($0.46/sq.ft.) June 1, 2014 to May 31, 2015 –monthly rental amount of $1,645.00 ($0.47/sq.ft.) b.Rent for any partial month shall be prorated based on the actual number of days of the month. LANDLORD shall accept all rent and other payments from COUNTY under this Lease via electronic funds transfer (EFT) directly deposited into the LANDLORD’S designated checking or other bank account. LANDLORD shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. 3.Effective June 1, 2013, DELETE the existing Paragraph 5, OPTION TO EXTEND TERM, and SUBSTITUTE therefore a new Paragraph 5, OPTION TO EXTEND TERM, which shall read as follows: 5.OPTION TO EXTEND TERM: LANDLORD gives COUNTY the option to extend the term of the Lease on the same provisions and conditions, except for the monthly rent, for two (2) three-year periods (“extended terms”) following the expiration of the current term, by COUNTY giving notice of its intention to exercise the option to LANDLORD prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 7, HOLDING OVER. The rent for each extended term shall be adjusted by good faith negotiation of the parties to the fair market rental rate then prevailing based upon the rental rates of comparable leased property in San Bernardino County. 4.CHANGE that portion of the existing Paragraph 24, NOTICES, which now reads: COUNTY’S Address: “… Internal Services Group Real Estate Services Department 825 East Third Street, Room 207 San Bernardino, CA 92415-0832 …” to read: “… Real Estate Services Department 385 N. Arrowhead Avenue, 3rd Floor San Bernardino, CA 92415-0180 …” REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK 8.A.a Packet Pg. 40 At t a c h m e n t : C o n t r a c t G r a n d T e r r a c e L i b r a r y 2 2 7 9 5 B a r t o n R o a d A 3 ( 1 2 4 7 : E x t e n s i o n a n d A m e n d m e n t o f L i b r a r y L e a s e ) Revised 1/8/13 Page 3 of 3 5.All other provisions and terms of the Lease Agreement, Contract No. 04-427 shall remain the same and are hereby incorporated by reference. END OF THIRD AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE ________________________________________By ______________________________________ Janice Rutherford, Chair, Board of Supervisors (Authorized signature -sign in blue ink) Dated: ____________________________________Name: SIGNED AND CERTIFIED THAT A COPY OF THIS Title: City Manager DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch Dated:___________________________________ Clerk of the Board of Supervisors of the County of San Bernardino By ________________________________________Address: 22795 Barton Road Deputy Grand Terrace, CA 92313-5295 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature Alan L. Green, Deputy County Counsel Department Head Date Date Date 8.A.a Packet Pg. 41 At t a c h m e n t : C o n t r a c t G r a n d T e r r a c e L i b r a r y 2 2 7 9 5 B a r t o n R o a d A 3 ( 1 2 4 7 : E x t e n s i o n a n d A m e n d m e n t o f L i b r a r y L e a s e ) AGENDA REPORT MEETING DATE:April 23, 2013 Successor Agency Item TITLE:Resolution Transferring Successor Agency Housing Assets to the Grand Terrace Housing Authority PRESENTED BY:Betsy Adams, City Manager RECOMMENDATION:Adopt a resolution transferring Successor Agency Low- Moderate Income Housing Fund assets to the Grand Terrace Housing Authority as provided for in Health and Safety Code §34176. BACKGROUND: As required by Health and Safety Code § 34176(a)(2), the Grand Terrace Housing Authority submitted a Housing Assets Transfer Form (HAT) to the Department of Finance (DOF) on July 26, 2012 for the period of February 1, 2012 through July 26, 2012. On August 25, 2012, the DOF issued a determination which approved the HAT with one exception, the denial of the transfer of three (3) parcels purchased by the Low- Moderate Income Housing Fund (LMIHF) listed in Exhibit A –Real Property of the HAT. The City and Housing Authority requested a Meet & Confer meeting on this DOF determination which was held on December 5, 2012. On January 25, 2013, the DOF issued a revised determination approving the transfer of these three parcels to the Housing Authority. DISCUSSION: Successor Agency counsel recently advised staff that the Successor Agency and Oversight Board should adopt respective resolutions to memorialize the transfer of housing assets from the former redevelopment agency to the Housing Authority. The language of Health & Safety Code section 34176 indicated that the housing assets transferred from to the Housing Authority by operation of law. However, recent determinations by the State Controller in its audits of other successor agencies have indicated that the State Controller’s office has taken a contrary position. Therefore, in order to ensure that the assets transferred stay with the Housing Authority, it is necessary to for the Successor Agency to take this action. These assets are detailed in the Housing Assets Transfer Form which is included as an attachment to the Resolution. In addition to the items listed in the HAT, the Resolution also provides for the transfer of water shares in the Riverside Highland Water Company and affordable housing covenants which were not required to be listed in the HAT. The water shares are associated with the three parcels listed in Exhibit A –Real Property and will be sold with the land when the Housing Authority is able to proceed with the sales of these assets in the future. FISCAL IMPACT: 8.B Packet Pg. 42 There is no fiscal impact in adopting the Resolution transferring the housing assets since the actual transfer occurred when the Housing Authority was created on January 30, 2012. Redevelopment dissolution law specifically provides for the transfer of such assets from former redevelopment agencies to successor housing authorities. ATTACHMENTS: ·SA Resolution Transferring Former CRA Assets to Housing Authority ·DOF_HousingAssetsList_07252012 APPROVALS: Betsy Adams Completed 04/11/2013 2:35 PM Finance Completed 04/11/2013 2:45 PM City Attorney Completed 04/17/2013 8:30 PM City Manager Completed 04/18/2013 10:19 AM City Council Pending 8.B Packet Pg. 43 RESOLUTION 2013 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE TRANSFERRING HOUSING ASSETS TO THE GRAND TERRACE HOUSING AUTHORITY. WHEREAS,the State Legislature dissolved redevelopment agencies by enacting Assembly Bill Nos. 1x 26 and 1484, relating to redevelopment dissolution, (“Dissolution Statutes”) which became effective on June 28, 2011 and June 27, 2012, respectively; WHEREAS,the City of Grand Terrace created the Grand Terrace Housing Authority (“Housing Authority”) on January 30, 2012 to assume all rights, powers, assets, liabilities, duties, obligations and functions associated with the housing activities of the former Community Redevelopment Agency of the City of Grand Terrace; WHEREAS,the Housing Authority, as required by Health and Safety Code §34176(a)(2), submitted a Housing Assets Transfer Form (HAT) to the California Department of Finance on July 26, 2012; WHEREAS,the DOF on August 25, 2012 incorrectly denied the transfer of three (3) parcels of vacant land purchased with Low-Moderate Income Housing Funds to the Housing Authority listed in the HAT on Exhibit A –Real Property; WHEREAS,the DOF held a Meet & Confer meeting with the City of Grand Terrace on December 5, 2012 which included the transfer of the three parcels listed in the HAT on Exhibit A –Real Property; WHEREAS,the DOF issued a revised determination on January 25, 2013 approving the transfer of the three parcels listed in the HAT on Exhibit A –Real Property to the Housing Authority thereby fully approving the Housing Assets Transfer Form submitted to the DOF on July 26, 2012; NOW THEREFORE, BE IT RESOLVED THAT THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1.The Successor Agency hereby transfers all housing assets, and all rights related thereto,to the Grand Terrace Housing Authority as defined by Health and Safety 8.B.a Packet Pg. 44 At t a c h m e n t : S A R e s o l u t i o n T r a n s f e r r i n g F o r m e r C R A A s s e t s t o H o u s i n g A u t h o r i t y ( 1 2 5 1 : R e s o T r a n s f e r r i n g H o u s i n g A s s e t s t o H A ) Code § 34176. This transfer shall include, but is not be limited to, the assets listed in the Housing Assets Transfer Form submitted to the California Department of Finance on July 26, 2012 and attached to this Resolution as Attachment “1.” Section 2.The Successor Agency hereby transfers all water shares in the Riverside Highland Water Company associated thereto the three parcels listed in Exhibit A –Real Property of the Housing Assets Transfer Form to the Grand Terrace Housing Authority. Section 3.The Successor Agency hereby transfers any housing covenants of the former Community Redevelopment Agency of the City of Grand Terrace to the Grand Terrace Housing Authority. Section 4.The Successor Agency hereby directs the Executive Director to bring this transfer of Housing Assets, as defined by Health & Safety Code section 34176, to the Oversight Board for the Successor Agency for its consideration and approval. Section 5.The Successor Agency hereby authorizes the Executive Director to take all actions necessary and required to carry out this Resolution. PASSED, APPROVED AND ADOPTED by the Successor Agency for the Grand Terrace Redevelopment Agency at a regular meeting held on the 23th day of April, 2013. ____________________________ Chair of the Successor Agency for the Community Redevelopment Agency of the City of Grand Terrace ATTEST: ______________________________ Agency Secretary I TRACEY R. MARTINEZ, AGENCY SECRETARY of the Successor Agency for the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the 8.B.a Packet Pg. 45 At t a c h m e n t : S A R e s o l u t i o n T r a n s f e r r i n g F o r m e r C R A A s s e t s t o H o u s i n g A u t h o r i t y ( 1 2 5 1 : R e s o T r a n s f e r r i n g H o u s i n g A s s e t s t o H A ) Successor Agency Board of the Successor Agency for the Community Redevelopment Agency of the City of Grand Terrace held on the 23th day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Tracey R. Martinez, Agency Secretary APPROVED AS TO FORM ______________________________ Successor Agency Counsel 8.B.a Packet Pg. 46 At t a c h m e n t : S A R e s o l u t i o n T r a n s f e r r i n g F o r m e r C R A A s s e t s t o H o u s i n g A u t h o r i t y ( 1 2 5 1 : R e s o T r a n s f e r r i n g H o u s i n g A s s e t s t o H A ) Former Redevelopment Agency: Community Redevelopment Agency of the City of Grand Terrace Successor Agency to the Former Redevelopment Agency: City of Grand Terrace Entity Assuming the Housing Functions of the former Redevelopment Agency: Grand Terrace Housing Authority Entity Assuming the Housing Functions Contact Name: Joyce Powers Title Community Development Diretor Phone 909-430-2225 jpowers@cityofgrandterrace.org Entity Assuming the Housing Functions Contact Name: Bernie Simon Title Finance Director Phone 909-430-2216 bsimon@cityofgrandterrace.org The following Exhibits noted with an X in the box are included as part of this inventory of housing assets: Exhibit A - Real Property X Exhibit B- Personal Property X Exhibit C - Low-Mod Encumbrances X Exhibit D - Loans/Grants Receivables X Exhibit E - Rents/Operations X Exhibit F- Rents X Exhibit G - Deferrals X Prepared By:Joyce Powers Date Prepared:25-Jul-12 E-Mail Address E-Mail Address All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list. DEPARTMENT OF FINANCE HOUSING ASSETS LIST ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484 (Health and Safety Code Section 34176) 8. B . b Pa c k e t P g . 4 7 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit A - Real Property Item # Carrying Value of Asset Total square footage Is the property encumbered by a low-mod housing covenant? Source of low- mod housing covenant b/ Date of transfer to Housing Successor Agency Construction or acquisition cost funded with Low-Mod Housing Fund monies Construction or acquisition costs funded with other RDA funds Construction or acquisition costs funded with non-RDA funds Date of construction or acquisition by the former RDA Interest in real property (option to purchase, easement, etc.) 1 $240,277 61,930 no N/A 30-Jan-12 $240,226 none none 23-May-01 own in fee 2 $222,939 62,290 no N/A 30-Jan-12 $222,939 none none 2/2/2002 own in fee 3 $177,000 34,848 no N/A 30-Jan-12 $177,000 none none 12-May-09 own in fee 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 * Assessor's parcel numbers in San Bernardino Countyo County City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Type of Asset a/ unimproved land Square footage reserved for low- mod housing 61,930 (land) Legal Title and Description 62,290 (land) 34,848 (land) b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. a/ Asset types may include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. ber in San Bernardin * APN 1167-231-01 * APN 1167-311-01 * APN 0275-251-04 unimproved land unimproved land 8. B . b Pa c k e t P g . 4 8 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit B - Personal Property Item # Carrying Value of Asset Date of transfer to Housing Successor Agency Acquisition cost funded with Low-Mod Housing Fund monies Acquisition costs funded with other RDA funds Acquisition costs funded with non-RDA funds Date of acquisition by the former RDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 None City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Type of Asset a/ Description a/ Asset types any personal property provided in residences, including furniture and appliances, all housing-related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low and moderate income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. 8. B . b Pa c k e t P g . 4 9 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit C - Low-Mod Encumbrances Item # Contractual counterparty Total amount currently owed for the Enforceable Obligation Is the property encumbered by a low-mod housing covenant? Source of low- mod housing covenant b/ Current owner of the property Construction or acquisition cost funded with Low-Mod Housing Fund monies Construction or acquisition costs funded with other RDA funds Construction or acquisition costs funded with non-RDA funds Date of construction or acquisition of the property 1 City of Grand 3,000,000 yes Low-Mod funds City * $9,588,381 none $9,644,000 complete 27 Oct 09 2 Terrace 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. a/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. * City of Grand Terrace is land owner and leases land to the Corporation for Better Housing (CBH). CBH owns the improvements. City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Date contract for Enforceable Obligation was executed Type of housing built or acquired with enforceably obligated funds a/ 108 affordable senior 24-Feb-09 units 8. B . b Pa c k e t P g . 5 0 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit D - Loans/Grants Receivables Item # Amount of the loan or grant Date the loan or grant was issued Purpose for which the funds were loaned or granted Are there contractual requirements specifying the purposes for which the funds may be used? Repayment date, if the funds are for a loan Interest rate of loan Current outstanding loan balance 1 $69,000 25-Nov-02 1st Time Homebuyer yes upon sale or refinance 0 $69,000 2 $44,000 8-Jul-03 FTHB yes upon sale or refi 0 $44,000 3 $39,000 3-Dec-09 FTHB yes upon sale or refi 0 $39,000 4 $62,000 31-May-03 FTHB yes upon sale or refi 0 $62,000 5 $29,000 13-Sep-02 FTHB yes upon sale or refi 0 $29,000 6 $33,000 19-Mar-01 FTHB/rehab yes upon sale or refi 0 $33,000 7 $28,000 23-Mar-00 FTHB yes upon sale or refi 0 $28,000 8 $190,000 27-Oct-04 FTHB yes upon sale or refi 0 $190,000 9 $20,000 2-Dec-98 FTHB yes upon sale or refi 0 $20,000 10 $35,915 18-Jul-94 Rehabilitation yes upon sale or refi 3% $20,903 11 $155,000 23-Jun-05 FTHB yes upon sale or refi 0 $155,000 12 $168,205 1994 incorrect passthrough no 1-Jul-13 0 $20,897 13 $448,636 2012 SERAF by Statute by 2015 None $448,636 14 15 16 17 18 19 20 City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Successor Agency of RDARDA loan Diane Kimble Charles Heilman City of Grand Terrace Alisa Flann David & Janice Farrar Julia Cook Dana Gardner Philip & Amy Biorkman Michael Morgan loan Daniel & Olivia Ybarra Person or entity to whom the loan or grant was issued loan Michelle Boustedt loan loan loan Was the Low-Mod Housing Fund amount issued for a loan or a grant? loan Amanda Raymer loan loan loan loan loan loan 8. B . b Pa c k e t P g . 5 1 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit E - Rents/Operations Item # Type of property with which they payments are associated b/ Property owner Entity that collects the payments Entity to which the collected payments are ultimately remitted Purpose for which the payments are used Is the property encumbered by a low-mod housing covenant? Source of low- mod housing covenant c/ Item # from Exhibit A the rent/operation is associated with (if applicable) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Type of payment a/ None c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. b/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. a/ May include revenues from rents, operation of properties, residual receipt payments from developers, conditional grant repayments, costs savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits. City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) 8. B . b Pa c k e t P g . 5 2 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit F - Rents Item # Type of property with which the payments are associated b/ Property owner Entity that collects the payments Entity to which the collected payments are ultimately remitted Purpose for which the payments are used Is the property encumbered by a low-mod housing covenant? Source of low- mod housing covenant c/ Item # from Exhibit A the rent is associated with (if applicable) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) b/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Type of payment a/ None a/ May include rents or home loan payments. 8. B . b Pa c k e t P g . 5 3 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) Exhibit G - Deferrals Item # Fiscal year in which funds were deferred Amount deferred Interest rate at which funds were to be repaid Current amount owed Date upon which funds were to be repaid 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 City of Grand Terrace Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Purpose for which funds were deferred None 8. B . b Pa c k e t P g . 5 4 Attachment: DOF_HousingAssetsList_07252012 (1251 : ResoTransferring Housing Assets to HA) AGENDA REPORT MEETING DATE:April 23, 2013 Council Item TITLE:Election Advisory Services PRESENTED BY:Betsy Adams, City Manager RECOMMENDATION:1) Direct staff to request proposals for Election Advisory Services from two specified companies; 2) Form an Ad Hoc Committee comprised of two Council Members to review proposals, interview companies and recommend contract award to the City Council. BACKGROUND: On April 22, 2013, the City Council was presented with a Five-Year Financial Analysis and Budget Stabilization Plan (Plan). The Plan identified significant budgetary deficits and the expected depletion of General Fund balance during the upcoming fiscal year unless action is taken to reduce expenditures, increase revenues, or some combination of the two. The Plan identified three types of local taxes that could be considered to increase revenues at three different funding levels. The Plan was also provided to an Ad Hoc Budget Advisory Committee, which will be evaluating budget stabilization options and submitting its recommendations to the City Council. In order to assess the public’s support for a local revenue measure, it is critical to begin polling as soon as possible. Polling will provide vital information regarding the type of tax and funding level that is likely to be supported by the community. In order to expedite this process to meet the timeline for a November 2013 special election, it is recommended that a modified Request for Proposals (RFP) process be undertaken, requesting proposals for Election Advisory Services from two specified companies that are highly qualified and recognized throughout the State as experts in this field. The City’s purchasing ordinance allows for this type of process for the selection of professional services. Following receipt of the proposals, the recommended Ad Hoc City Council Committee (comprised of two Council Members) would review the proposals and make a recommendation to the full City Council regarding selection of the company and contract award. DISCUSSION: The two companies referenced above for their state-wide experience and expertise in Election Advisory Services are The Lew Edwards Group and Tramutola Advisors. Both companies provide a full range of Election Advisory Services including: · Assessing community support through surveying/polling analysis; · Preparing planning timeline and budget; 8.C Packet Pg. 55 · Developing overall outreach plan to build community awareness of fiscal/service needs; · Developing media/social networking communications strategy; · Preparing informational materials (direct mailings, presentations, handouts); · Assisting with preparation of ballot measure(s); and · Managing vendors to the campaign, including printers, mail houses, graphics. A brief overview the two specified companies is provided below. The Lew Edwards Group Through Catherine Lew (co-founder and President), Lloyd Edwards (co-founder and Managing Partner) and other consultants, the company has over 30 years of experience in California providing campaign management services, communications and political strategy and strategic advice to cities, counties, special districts, transportation, K-12 school and community college districts, and other public agencies. Based in Oakland, The Lew Edwards Group professionals have expertise in disciplines such as media, community organizing/coalition-building, political campaigns, government/legislative affairs and public relations. The firm has been instrumental in passing billions of dollars in California finance measures, with a success rate of 94% in its campaigns. Tramutola Advisors With offices in Oakland and Los Angeles, Tramutola Advisors has been providing election advice to clients throughout California for over 30 years. The company was founded by Larry Tramutola, who is recognized as one of California’s top political strategists. Tramutola’s team of consultants have extensive expertise in grassroots organizing, political strategy, and passing difficult tax measures. Tramutola has been instrumental in helping clients win over 500 local elections, including 270 tax elections producing over $35 billion in new revenue for local communities throughout the State. Willdan Financial Services, the company providing the City’s Finance Department services under contract, has experience working with both The Lew Edwards Group and Tramutola Advisors and is confident that both firms can fully meet the City Council’s expectations for Election Advisory Services. FISCAL IMPACT: Funding in the amount of $25,000 has been included in the FY 2012-13 General Fund Non-Departmental budget (10-190-250) for preliminary Election Advisory Services. Although full services leading up to a November 2013 election are expected to cost approximately $75,000, the available funding in the FY 2012-13 budget will enable the preliminary work to proceed. The remaining funding will be addressed through the FY 2013-14 budget process. APPROVALS: Steve Elam Completed 04/23/2013 4:08 PM 8.C Packet Pg. 56 Finance Completed 04/23/2013 4:09 PM City Attorney Completed 04/23/2013 4:14 PM City Manager Completed 04/23/2013 4:28 PM City Council Pending 8.C Packet Pg. 57