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08/23/2011 FILE. COPY rITy. ° RANDTERR CE August 23',-2011 6:30 p.m. 22795 Barton Road GrandTerrace. California,92313=5295 Civic Center. 'C I TY O F GRAND TE,Rl:;M.C.E r (909)824-6621 Fa909 x( )783-7629 Fax(909)78372600 CRAMITY:COUNCIL Walt Stanckiewitz Mayor . REGULAR MEETINGS Lee Ann Garcia 2"D AND 4TH Tuesday. - 6:O O �p-M -= Mayor Pro Tem Bernardo Sandoval. Darcy McNaboe -Gene Hays Council Members. Betsy M.Adams o City Manager : Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA-923f -5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS August 9,20.11 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road 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- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS-None J 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. Approve Check Register No.08-09-2011 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 07-26-2011 Minutes Approve 1 COUNCIL AGENDA 08-09-2011 PAGE 2 OF 3 AGENDA)ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 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. Refinancing of Multi-family Housing Revenue Bonds Issued Approve in 1985 to Develop the Highland Apartments 7. UNFINISHED BUSINESS A. Barton Plaza Commercial Project Second Reading-An Ordinance of the City Council Adopting Adopt Zone Change 11-01 to Amend the Zoning Map by Re-Zoning 0.75 Acres located on the West Side of Mt.Vernon Avenue and Approximately 400 Feet North of Barton Road from Administrative Professional to BRSP-Village Commercial Second Reading-An Ordinance of the City Council Adopting Adopt Specific Plan Amendment 11-01 to Incorporate 0.75 Acres located on the West Side of Mt.Vernon Avenue and Approximately 400 Feet North of Barton Road into the Barton Road Specific Plan B. Second Reading-An Ordinance of the City Council Electing Adopt to Comply with and Participate in the Alternative Voluntary Redevelopment Program Contained in Part 1.9 of Division 24 of the California Health and Safety Code 8. NEW BUSINESS-None 9. CLOSED SESSION A. Conference with Real Property Negotiators Pursuant to GC 54956.8 Property-APN#0275-231-48 through 0275-231-66 Agency Negotiator-Betsy M.Adams Owner/Neizotiator-Douglas Jacobsen ADJOURN CITY COUNCIL 2 i COUNCIL AGENDA 08-09-2011 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 07-26-2011 Minutes Approve 2. Redevelopment Update-Cleanup Legislation,CRA Lawsuit and "Voluntary"Community Remittance Appeal ADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,AUGUST 23,2011 AT 6:00 P.M. ........................................................................................................................... AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. 3 L CALI'FORNIA AGENDA REPORT MEETING DATE: August 9, 2011 Council Item (X) CRA Item ( ) TITLE: Check Register No. 08-09-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for August 9, 2011 is presented in accordance with Government Code §37202. The attached index to the warrant register is a guideline account list only and is not intended to. replace the voluminous list of accounts used' by the City and CRA. Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account]. Expenditures may be made from trustlagency accounts (fund 23-xxx-). or temporary clearing accounts which do not have budgetary considerations. DISCUSSION: A total of $1,790,907.31 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. 8/9/2011 FY 10-11 Check Register $33,751.47 8/9/2011 FY 11-12 Check Register $1,757,155.84 Payroll costs for the period amounted to $95,955.18 and are summarized below. Some of the non-routine items include: 67032 Balloon Team GT Community Day Balloon Decor $217.50 Promotions COUNCIL AGENDA ITEM NO. 5 l 67042 Burrtec Waste Tax Roll Delinquent Trash Fees—remit $251.83 Industries Inc. collections received from County 67055 Omnitrans College Pass Pilot Program — funded by Air . $5,775.00 Quality Funds—contract approved 4/26/11 67057 Public Sector Embracing Change Workshop 7/7/11 $250.00 Excellence Some the larger items include: 67031 Albert A. Webb June Traffic Eng Services & June Town $22,154.34 Associates Square Construction Mgmt Services 67024 Progressive FY 2011-12 Annual Software Maintenance— $10,093.24 Solutions Central cashier, code, rental, dog, & bus. lic. 67043 City of Colton September 1999-2002 Colton Sewer $37,800.00 Connection Fees 67059 S.B. County FY 2011-12 Cal-Id Assessment Fee $13,352.85 Sheriff 67064 US Bank Trust Debt Service CRA TAB Series 2011A& $266,153.10 Nat'l Assoc. 2011 B— Semi-annual payment due 35272255 First Amer. Title Purchase APN 1167-151 22 (Wire Transfer) $1,397,444.00 Insurance Co. —14.22 Ac. -CRA 2011-36; 6/14/11 Payroll costs processed for period ending July 22, 2011: Date Period Payroll and payroll costs 06/30/11 Special $10,033.48—CALPERS refunds 06/30/11 Special $25,824.93—Termination checks 07/22/11 Biweekly $60,096.77 - Regular FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2010-11 and FY 2011-12. e Respectfully submitted, Bernie Simon Finance Director Manager Approval: etsy M. Adams City Manager ATTACHMENTS: Check Registers—August 9, 2011 vchlist Voucher List Page: 1 08/02/2011 12:14:18PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67017 7/21/2011 011199 KEENAN&ASSOCIATES, PRUDENTIAL MUNI,0000338643 June JUNE LIFE/AD&D/DEP LIFE&EAP INS 10-440-142-000-000 120.43 - 10-450-142-000-000 10.24 10-625-142-000-000 7.08 16-175-142-000-000 18.23 21-175-142-000-000 8.99 32-370-142-000-000 14.84 32-200-142-000-000 22.31 34-400-142-000-000 14.99 34-800-142-000-000 4.00 10-120-142-000-000 30.63 10-125-142-000-000 17.70 10-140-142-000-000 25.82 10-172-142-000-000 10.31 10-180-142-000-000. 8.33 10-175-142-000-000 14.35 10-185-142-000-006 5.02 10-370-142-000-000 23.24 10-380-142-000-000 6.82 Total: 363.33 67018 7/21/2011 011199 KEENAN&ASSOCIATES, PRUDENTIAL MUNI,0000338643 June JUNE SHORT AND LONG TERM DISABILITY INS 10-022-66-00 1,154.77 Total: 1,154.77 67019 7/21/2011 010664 SHELL FLEET MANAGEMENT 8000209687107 June Vehicle Fuel 10-175-272-000-000 457.56 Total: 457.56 67020 7/21/2011 001206 ARROWHEAD CREDIT UNION Jun-Jul 2011 June/July Visa Charges Page: 1 00 vchlist Voucher List Page: 2 08/02/2011 12:14:18PM CITY OF GRAND TERRACE Bank code: bofa I Voucher Date Vendor Invoice Description/Account Amount 67020 7/21/2011 001206 ARROWHEAD CREDIT UNION (Continued) 10-110-270-000-000 JPIA Risk Mgmt Educ Forum Lodging-Stanckiewitz 427.02 10-440-228-000-000 Father's Day Supplies/Games&Toy Supplies 268.09 10-440-220-000-000 Kitchen Supplies 266.00 10-440-223-000-000 Game&Toy Supplies 416.92 10-440-221-000-000 Tiny Tot Supplies 87.00 10-380-701-000-000 Broadcast-Laptop External Microphone 35.95 23-200-12-00 GT Community Day Supplies 247.04 10-808-221-000-000 CERT Supplies 381.59 10-120-210-000-000 Council Mtg/Workshop Refresh ment/Skype Credit 50.44 Total-: 2,180.05 67031 8/9/2011 011143 ALBERT A.WEBB ASSOCIATES 111681 JUNE TRAFFIC ENGINEERING SERVICES 32-200-250-000-000 601.00 111691 JUNE TOWN SQUARE CONSTRUCTION MGMT SRVS 32-600-323-003-000 21,553.34 Total: 22,154.34 67032 8/9/2011 001324 BALLOON TEAM PROMOTIONS 06302011 GT Community Day Balloon Decor 23-200-12-00 217.50 Total: 217.50 67033 8/9/2011 010403 CITY OF REDLANDS AR133596 June CNG Fuel 10-440-272-000-000 12.98 34-800-272-000-000 170.25 Total: 183.23 67034 8/9/2011 001950 DATA QUICK B1-1938542 June Subscription Services - 10-370-250-000-000 43.50 10-380-250-000-000 43.50 34-800-220-000-000 43.50 Total: 130.50 67035 8/9/2011 011200 GRUBB&ELLIS COMPANY 07052011 APPRAISAL REVIEW-21000 G.T. ROAD 32-600-325-000-000 750.00 Total: 750.00 67036 8/9/2011 003850 JANI-KING OF CA., INC. LAX06111059 CARPET CLEANING SERVICE-C.CARE Page: 2 �o vchlist Voucher List Page: 3 08/02/2011 12:14:18PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67036 8/9/2011 003850 JANI-KING OF CA., INC. (Continued) 10-440-244-000-000 100.00 LAX06111060 MAY CARPET CLEANING SERVICES 10-440-244-000-000 50.00 Total: 150.00 67037 8/9/2011 006510 S.B. COUNTY INFORMATION 11717 June Pager Access 10-175-240-000-000 9.00 Total: 9.00 67038 8/9/2011 007102 T.Y.LIN INTERNATIONAL 1107119 JUNE PRELIM ENGINEERING-BARTON RD BRIDGE 47-400-250-001-000 685.69 Total: 685.69 67039 8/9/2011 007854 WESTERN EXTERMINATORS CO 570593 JUNE PEST CONTROL SERVICES 10-805-245-000-000 33.00 10-195-245-000-000 125.00 Total: 158.00 67040 8/9/2011 007920 WILLDAN 002-11412 JUNE PLAN CHECK/INSPEC SRVS 10-172-250-000-000 2,720.00 002-11413 JUNE ENGINEERING SERVICES 10-175-255-000-000 2,060.00 002-11414 June Eng Srvs-Disable Access Barrier 22-425-301-000-000 377.50 Total: 5,157.50 14 Vouchers for bank code: bofa Bank total: 33,751.47 14 Vouchers in this report Total vouchers: 33,751.47 Page: 3 0 � l I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director. City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES 11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 STORM DRAIN FUND 125 CITY CLERK 140 RETIREMENT 13 PARK FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 1381141 MEDICARE/SUI 16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 TRAFFIC SAFETY FUND/TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS 22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 238-239 UTILITIES 26 LSCPG/LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS&LEASES 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES 47 BARTON RD.BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE&SURETY BONDS 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS&DUES 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING 802 CRIME PREVENTION UNIT 270 TRAVEUCONFERENCES/MTGS 804 HISTORICAL&CULTURAL COMM. 272 FUEL&VEHICLE MAINTENANCE 805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT 807 PARKS&REC COMMITTEE 33-300 DEBT SERVICE 808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT i 1 i�j vchlist Voucher List Page: 1 08/02/2011 3:50:39PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67021 7/26/2011 006459 S.B. COUNTY CLERK OF THE BOARD 07252011 NOTICE OF EXEMPTION 10-370-210-000-000 50.00 Total : 50.00 67022 7/26/2011 001907 COSTCO#478 047814031817 C. CARE SUPPLIES 10-440-220-000-000 256.68 Total : 256.68 67023 7/27/2011 011206 AUL 3121 TRUST PRend 0708201 APPLE CONTRIBUTIONS 10-022-68-00 163.80 Total : 163.80 67024 7/28/2011 010657 PROGRESSIVE SOLUTIONS 36259 FY2011-12 ANNUAL SOFTWARE MAINTENANCE 10-140-246-000-000 4,309.44 10-187-246-000-000 5,783.80 Total : 10,093.24 67025 7/28/2011 011110 TIME WARNER CABLE 84484...3817 & : JULY/AUGUST SR. CENTER INTERNET SERVICE! 10-805-238-000-000 117.82 Total : 117.82 67026 7/28/2011 011206 AUL 3121 TRUST PRend 7-22-11 APPLE Contributions for PRend 7-22-10 10-022-68-00 198.04 Total : 198.04 67027 8/1/2011 001038 VERIZON WIRELESS-LA 0997729182 July/Aug Wirless Service-Public Works 10-175-240-000-000 98.97 Total : 98.97 67028 8/2/2011 001907 COSTCO#478 0478 12 0096 5 C. CARE SUPPLIES 10-440-220-000-000 143.38 Total : 143.38 67029 8/2/2011 001213 AT&T Aug 2011 Jul/Aug Phones& Internet Service Page: 1 w vchlist Voucher List Page: 2 08/02/2011 3:50:39PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67029 8/2/2011 001213 AT&T (Continued) 10-190-235-000-000 648.98 10-440-235-000-000 162.36 10-450-235-000-000 35.32 10-805-235-000-000 158.56 10-808-235-000-000 77.40 Total : 1,082.62 67030 8/2/2011 006720 SO.CA.EDISON COMPANY July 2011 July Energy Usage 10-190-238-000-000 4,907.65 10-450-238-000-000 773.42 10-440-238-000-000 1,755.33 16-510-238-000-000 460.66 10-172-238-000-000 144.10 10-175-238-000-000 144.09 Total : 8,185.25 67041 8/9/2011 001072 ADT SECURITY SERVICES 120623897 1st Qtr Sr Cntr Monitoring 10-805-245-000-000 160.83 Total : 160.83 67042 8/9/2011 011170 BURRTEC WASTE INDUSTRIES, INC. 08012011 7/21/11 Tax Roll Delinq. Trash-Fees 23-302-90-00 310.56 08012011a 7/21/11 Tax Roll Delinq. Trash Fees 10-200-01 -46.58 08012011b 7/21/11 Tax Roll Delinq. Trash Fees 10-200-09 -10.87 08012011 c 7/21/11 Tax Roll Delinq. Trash Fees 10-200-14 -0.32 08012011d 7/21/11 Tax Roll Delinq. Trash Fees 10-200-02 -0.96 Total : 251.83 67043 8/9/2011 001840 CITY OF COLTON 07202011 Sept 99-02 Colton Sewer Conn. Fees 21-022-00-00 37,800.00 Total : 37,800.00 Page: 2 a vchlist Voucher List Page: 3 08/02/2011 3:50:39PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67044 8/9/2011 001867 COMMERCIAL LANDSCAPE SUPPLY 173345 Landscape Supplies 10-450-245-000-000 538.40 173346 Freight 10-450-245-000-000 65.00 Total : 603.40 67045 8/9/2011 002740 FRUIT GROWERS SUPPLY 90821774 Maint Supplies-Rollins Park Valve Repair 10-450-245-000-000 27.59 90822447 Maint Supplies-City Hall Repair 10-195-245-000-000 18.43 90823490 Maint Supplies-Barton Road Parkway 10-450-245-000-000 17.21 90823575 Maint Supplies-Barton Road Parkway 10-450-245-000-000 1.21 Total : 64.44 67046 8/9/2011 002901 G.T. AREA CHAMBER OF COMMERCE 6559-RDA July Consultant Services 32-370-255-000-000 860.00 Total : 860.00 67047 8/9/2011 002795 GARCIA, LEE ANN August 2011 August Health Ins. Reimbursement 10-110-142-000-000 427.58 Total : 427.58 67048 8/9/2011 010164 GREAT-WEST PR End 7/22/20, CONTRIBUTIONS/LOANS FOR PR END 7/22/11 10-022-63-00 4,602.05 10-022-64-00 2,066.34 Total : 6,668.39 67049 8/9/2011 003213 HONEYWELL ACS SERVICE 994703 Internet Access Problem 10-195-257-000-000 407.54 Total : 407.54 67050 8/9/2011 003224 HYDRO-SCAPE PRODUCTS INC. 06695910-00 Landscape Maint Supplies-City Hall/Parks 10-450-245-000-000 130.69 10-195-245-000-000 19.36 Page: 3 vchlist Voucher List Page: 4 08/02/2011 3:50:39PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67050 8/9/2011 003224 HYDRO-SCAPE PRODUCTS INC. (Continued) 06713931-00 Maint Supplies-City hall/Parks 10-450-245-000-000 342.13 10-195-245-000-000 9.40 Total : 501.58 67051 8/9/2011 002727 J.R. FREEMAN COMPANY 466966-0 Telephone Headset-City Managers Office 10-120-210-000-000 321.10 Total : 321.10 67052 8/9/2011 003850 JANI-KING OF CA., INC. LAX07110945 July C.Care Janitorial Services - 10-440-244-000-000 975.00 Total : 975.00 67053 8/9/2011 004320 LAWNMOWER CENTER 12126 Landscape Supplies-Work Release Mower 10-450-246-000-000 40.92 12304 Maintenance Supplies 10-450-245-000-000 9.69 10-450-246-000-000 16.13 Total : 66.74 67054 8/9/2011 005400 OFFICE DEPOT 571855167001 Office Supplies 10-172-210-000-000 38.68 10-175-210-000-000 38.67 572294950001 Copy Paper/Office Supplies 10-140-210-000-000 92.84 10-190-212-000-000 150.07 Total : 320.26 67055 8/9/2011 011208 OMNITRANS 2-10005095 College Pass Pilot Program 15-500-255-000-000 5,775.00 Total : 5,775.00 67056 8/9/2011 005586 PETTY CASH 08012011 Replenish C.Care Petty Cash Page: 4 m vchlist Voucher List Page: 5 08/02/2011 3:50:39PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67056 8/9/2011 005586 PETTY CASH (Continued) 10-440-220-000-000 16.02 10-440-223-000-000 67.90 10-440-272-000-000 21.53 10-440-228-000-000 33.63 Total : 139.08 67057 8/9/2011 005713 PUBLIC SECTOR EXCELLENCE 2675 Embracing Change Workshop 7/7/11 10-190-220-000-000 250.00 Total : 250.00 67058 8/9/2011 010420 RDO EQUIPMENT CO, RDO TRUST#80 P25953 Parts for Riding Mower 10-450-246-000-000 117.15 Total : 117.15 67059 8/9/2011 006531 S.B. COUNTY SHERIFF 11082 FY 11-12 Cal-Id Assessment Fee 10-410-258-000-000 13,352.85 Total : 13,352.85 67060 8/9/2011 006556 S.B. COUNTY TREASURER 3825 FY 11-12 Budget Allocation-LAFCO 10-190-265-000-000 1,275.73 Total : 1,275.73 67061 8/9/2011 011071 STANCKIEWITZ, W. August 2011 August Health Ins Reimbursement 10-110-142-000-000 41'5.00 Total : 415.00 67062 8/9/2011 006898 SYSCO FOOD SERVICES OF L.A. 1070614142 C.Care Food &Supplies 10-440-220-000-000 512.65 1071324576 C.Care Food &Supplies 10-440-220-000-000 607.98 1072715194 C.Care Food &Supplies 10-440-220-000-000 575.41 Total : 1,696.04 67063 8/9/2011 010693 UNITED WAY PR End 7/22/11 PR End 7/22/11 Donations 10-022-65-00 47.50 Page: 5 V vchlist Voucher List Page: 6 08/02/2011 3:50:39PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67063 8/9/2011 010693 UNITED WAY (Continued) Total : 47.50 67064 8/9/2011 007399 US BANK TRUST NAT'L ASSOC. GTTAB2011A Debt Service CRA TAB Series 2011A 33-300-209-000-000 177,687.70 GTTAB2011 B Debt Service CRA TAB Series 2011 B 33-300-209-000-000 88,465.40 Total : 266,153.10 67065 8/9/2011 007987 XEROX CORPORATION 056461487 July Lease Xerox CC265H 10-190-700-000-000 291.63 056523980 July Lease Xerox Workcentre 5755 10-190-700-000-000 305.27 Total : 696.90 67066 8/9/2011 011207 YASIN, ALI 07212011 Refund Permit Fee 10-410-06 75.00 Total : 75.00 ,7#######4 7/29/2011 010241 FIRST AMER. TITLE INSURANCE CO 07272011 Purchase APN 1167-151-22 32-600-326-000-000 1,397,444.00 Total : 1,397,444.00 37 Vouchers for bank code: bofa Bank total : 1,757,155.84 37 Vouchers in this report Total vouchers : 1,757,155.84 Page: 6 m t' 1 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director 1 City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESMAGES 11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 STORM DRAIN FUND 125 CITY CLERK 140 RETIREMENT 13 PARK FUND 140 FINANCE -142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 TRAFFIC SAFETY FUND/TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 190 GENERAL GOVERNMENT(NON-DEPT) - 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS 22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 238-239 UTILITIES 26 LSCPG/LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS&LEASES 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES 47 BARTON RD.BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE&SURETY BONDS 33 CRA-DEBT SERVICE FUND 831 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS&DUES 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING 802 CRIME PREVENTION UNIT 270 TRAVEUCONFERENCES/MTGS 804 HISTORICAL&CULTURAL COMM. 272 FUEL&VEHICLE MAINTENANCE 805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT 807 PARKS&REC COMMITTEE 33-300 DEBT SERVICE 808 EMERGENCY OPERATIONS PROG. ' 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT N O CITY OF GRAND TERRACE CITY COUNCIL MINUTES PENW STY COUNCIL APPROVAL REGULAR MEETING -JULY 26,2011 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on July 26, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz,Mayor Lee Ann Garcia, Mayor Pro Tem Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Lt. Steve Dorsey, San Bernardino County Sheriff's Department ABSENT: Rick McClintock, San Bernardino County Fire Department The City Council meeting was opened at 6:00 p.m.with the Pledge of Allegiance led by Mayor Pro Tem Garcia, followed by the Pledge of Allegiance led by GTHS Principal, Angela Dischinger. ITEMS TO DELETE 2B. Special Presentation - Chamber of Commerce Business of the Month SPECIAL PRESENTATIONS 2A. GTHS Principal, Angela Dischinger- Presentation on New High School Angela Dischinger, GTHS Principal, gave a presentation with a general overview of facilities and activities planned for Grand Terrace High School. She reported that the school is scheduled to open in the Fall of 2012. CONSENT CALENDAR CC-2011-60 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of 3E and 3F: COUNCIL AGENDA ITEM NO. �(� 22 Council Minutes 07/26/2011 Page 2 3A. Approve Check Register No. 07-26-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 07-12-2011 Minutes 3D. Update on Implementation of Accumulation Program for Part-time and Limited-term Employees (APPLE) Plan ITEMS REMOVED FROM CONSENT CALENDAR 3E. Remote Deposit Service Amendment-Bank of America It was the consensus of Council to direct staff to bring this item back with written internal control procedures. 3F. Direction to Staff to Sell Cellular Site Leases at Richard Rollins Park and Grand Terrace Fire Station#23 Council Member McNaboe,indicated that the decision by Council to accept the offer by Unison Site Management was based on the information presented at the Council meeting and felt that this item should be reconsidered. i Matt Wirz,Management Analyst,indicated that the discrepancy is due to transposition of numbers. CC-2011-61 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL,CARRIED 5-0,to move forward with the agreement with Unison Site Management as agreed to at the July 14, 2011 City Council meeting in the amount of$365,897;if anything in the agreement changes it shall be brought back to the City Council for a full review. PUBLIC COMMENT R.A. `Barney" Barnett, reported that yesterday the RCTC adopted the EIR to build a Metrolink station at Marlboro by doing so they will not use any existing trains that go through Grand Terrace or Highgrove. The construction date could be held up in the court system because of litigation. He felt that there is still hope for the station indicating that the SCAG Regional Transportation Plan is being discussed and the Highgrove station is still a part of that plan. Jeffrey McConnell, announced that the Lion's Club Free Eyesight Clinic is on Saturday at the Community Center from 8:00 a.m.to 3:00 p.m. It is first come first served and they are expecting over 500 people to participate. Eyeglasses will be provided to those in need. COUNCIL REPORTS 23 Council Minutes 07/26/2011 Page 3 Councilmember Bernardo Sandoval, stated that the football stadium and tennis courts at GTHS were not going to be built until the new CJUSD Board Members came on and Grand Terrace got involved. Expressed concern that the Senior Center is not able to put up a flag pole because CBH is not giving approval. Expressed his sadness at the passing of David Zamora, Mayor of Colton. He felt that Mayor Zamora was working to build a better relationship with Grand Terrace and the other Colton City Council members are also willing to work with Grand Terrace. He requested that the meeting be adjourned in memory of David Zamora. Councilmember Gene Hays, expressed appreciation for the top revenue producing small businesses in Grand Terrace. Councilmember Darcy McNaboe, CJUSD has announced the rehire of 72 employees that were laid off in May. Senator Bob Dutton recognizes small businesses in his district and this year Burt's Jewelry and Repair of Grand Terrace has made the list. She has received feedback from residents that everyone in the Council Chambers needs to be sure to speak into the microphones so they can be heard. Ma, o�yor Pro Tern Lee Ann Garcia; congratulated Burt's Jewelry and Repair for the award by Senator Dutton. She expressed her excitement about the High School opening in Grand Terrace next year. The new Stater Brothers will have expanded services. Mark your calendars for the opening on August 24". Staff is working on sustainability and hopefully we can get recognition for our work with the Stater Brothers project. Petta Park on Grand Terrace Road is beautiful, she thanked the staff for keeping the parks so well maintained. Little League opening is coming up. Pete Parsons does wonderful work on Radio am1640. It is our own radio station with public service announcements. The coverage on the passing of David Zamora was good. She thanked former Council Member Jim Miller for his work in recognizing David Zamora.She reported that the Sheriff's Department is doing a good j ob on their special projects in town. Assemblyman Mike Morrell is hosting,a business and economic meeting on August 4th in the City of Highland. Mayor Stanckiewitz,reported that there is anew business in Grand Terrace called Computer Clinic and encouraged everyone to use the local businesses.Wilden Pump is hosting a Blood Drive and bone marrow screening on Friday. He visited the Ronald Reagan memorial library and it is interesting to see how little political issues have changed. He encouraged everyone to pay attention and make changes in Washington. PUBLIC HEARINGS 6A. Resolution of the City Council of the City of Grand Terrace Adopting Residential and Commercial Solid Waste Recycling Rates 24 Council Minutes 07/26/2011 Page 4 Matt Wirz,Management Analyst,indicated that Burrtec Waste Industries is requesting an adjustment in the residential and commercial service component that is based on the percentage change in the annual Consumer Price Index. Additionally, Burrtec is requesting a pass through of the adjusted increases in disposal and processing fees. Mayor,Stanckiewitz opened the Public Hearing. Jeffrey McConnell, indicated that he has an issue with Burrtec forcing him to have two accounts because of a guest house. Mike Arreguin, Burrtec, indicated that he will work with staff and residents to resolve issues that need to be addressed:- - - Mayor Stanckiewitz closed the Public Hearing and brought discussion back to Council. Council Member Sandoval, requested a rate comparison study. CC-2011-62 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to adopt a Resolution setting forth residential and commercial solid waste and recycling rates. 6B. Barton Plaza Commercial Project An Ordinance of the City Council Adopting Zone Change 11-01 to Amend the Zoning Map by Re-Zoning 0.75 Acres located on the West Side of Mt. Vernon Avenue and Approximately 400 Feet North of Barton Road from Administrative Professional to BRSP -Village Commercial An Ordinance of the City Council Adopting Specific Plan Amendment 11-0 1 to Incorporate 0.75 Acres located on the West Side of Mt. Vernon Avenue and . Approximately 400 Feet North of Barton Road into the Barton Road Specific Plan Mayor Stanckiewitz opened the Public Hearing. Jeffrey McConnell, suggested using mixed use zoning throughout the community to prevent vacancies and promote development. Mayor Stanckiewitz closed the Public Hearing and returned discussion to the Council. CC-2011-63 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to approve Tentative Parcel Map 11-01 and General Plan Amendment 11-01,and move to second reading an ordinance to adopt Zone Change 25 Council Minutes 07/26/2011 Page 5 11-01 and Specific Plan Amendment 11-01. 6C. An Ordinance of the City Council Electing to Comply with and Participate in the Alternative Voluntary Redevelopment Program Contained in Part 1.9 of Division 24 of the California Health and Safety Code Ci , ManagerBetsy Adams, reported that changes have been made to the Ordinance originally presented to the City Council on July 12'and indicated that this is the first reading of this ordinance. She pointed out that the recommendation includes language that gives the City Manager authority to take action to implement this Ordinance. This is because the deadlines are tight.She would advise Council on any actions taken. Mark Huebsch,Special Counsel,indicated that the changes are being recommended to achieve more . protection for the City. Mayor Stanckiewitz opened the Public Hearing, there being none, he returned discussion to the Council. Council requested regular updates on CRA developments. CC-2011-64 MOTION BY COUNCILMEMBER MC NABOE, SECOND BY COUNCIL MEMBER SANDOVAL, CARRIED 5-0, to approve the first'reading of an Ordinance Electing to Comply with and Participate in the Alternative Voluntary Redevelopment Program Contained in Part 1.9 of Division 24 of the California Health and Safety Code. UNFINISHED BUSINESS 7A. Second Reading - An Ordinance of the City Council Amending Title 18, Chapter . 18.80 of the Grand Terrace Municipal Code by Amending in its Entirety Section 18.80.130 Political Signs and Adopting a New Section 18.80.130 Political Signs CC-2011-65 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER MC NABOE, CARRIED 5-0,to adopt an ordinance of the City Council Amending Title 18, Chapter 18.80 of the Grand Terrace Municipal Code by Amending in its entirety Section 18.80.130 Political Signs and Adopting a New Section 18.80.130 Political Signs NEW BUSINESS 8A. Community Redevelopment Agency 5-year Cash Flow Analysis 26 Council Minutes 07/26/2011 Page 6 Alexa Smittle, Rosenow Spevacek Group Inc. (RSG), presented a 5-year cash flow model for the Agency to illustrate the impacts of funding the remittance payments required by Assembly Bill X1 27 through tax increment. The model was created to identify year-end cash available to make the remittance payments after funding existing obligations,based on a conservative forecast of prof ected tax increment and other revenues. 8B. Professional Services Agreement with Rosenow Spevacek Group, Inc. For ' Community Redevelopment Agency Fiscal Services Required by the City of Grand Terrace City Managery Adams,indicated that this agreement includes preparing updated Agency cash flows and presentation,prepare amended 2008-09 State Controller's Report,CJUSD Pass Through Payments, Statutory Pass Through payments, analyzing and assembling the Appeal regarding the remittance payment and other services as directed by staff. CC-2011-66 MOTION BY MAYOR STANCKIEWITZ,SECOND BY COUNCILMEMBER MC NABOE,CARRIED 4-1 (COUNCILMEMBER HAYS VOTED NO),to approve the Professional Services Agreement,appropriate$14,560 from the General Fund for the services, and authorize the City Manager to execute the agreement and to seek reimbursement from the Agency for these services when Agency activities are no longer suspended. 8C. Protest Hearing for Placement of Special Assessment Liens for Delinquent Refuse ' Accounts Matt Wirz,Management Analyst,reported that a notice was mailed to all property owners who have delinquent refuse accounts and given an opportunity to pay their accounts. Mary Cozort, indicated that she no longer owns the property listed in the report. Marvene Zinni,requested that the Council forgive the amount due on her property due to personal difficulties. Jeffrey McConnell, asked if there is an appeal process. Ms. Laesser, stated that she is happy with the service by Burrtec but suggested that they improve their billing systems explaining a billing error that she had to deal with. Mike Arre uin, Burrtec, stated that he will work with the residents who have concerns. CC-2011-67 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER MC NABOE,CARRIED 4-1 (COUNCILMEMBER SANDOVAL VOTED NO),to 27 Council Minutes 07/26/2011 Page 7 adopt a Resolution confirming delinquent charges for solid waste collection and authorize special assessments against the parcels listed. 8D. Seventeenth Amendment to Law Enforcement Services Contract No.94-797 with the County of San Bernardino and Update on Local Government Vehicle License Fee Funds, SEBA membership Vote and Corresponding Impacts to Half Funded Patrol Deputy Position It was the consensus of Council to direct staff to bring this item back with more information on Sheriffs Deputy staffing levels and crime statistics. CLOSED SESSION 9A. Labor Negotiations Pursuant to GC 54957.6 Mayor Stanckiewitz announced that the Council met in Closed Session for Labor Negotiations Pursuant to GC 54957.6 and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting in memory of David Zamora, Mayor of the City of Colton,at 10:36 p.m.,until the next City Council Meeting which is scheduled to be held on Tuesday, August 9, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace 28 CALI'FORN,A AGENDA REPORT MEETING DATE: August 9, 2011 Council Item ( X ) CRA Item ( ) TITLE: Refinancing of Multi-family Housing Revenue Bonds issued in 1985 to Develop the Highland Apartments PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Adopt a resolution approving an Associate Membership Agreement between the California Enterprise Development Authority ("CEDA') and the City to facilitate the bond refinancing. 2. Conduct a Public Hearing with respect to issuance by CEDA of not to exceed $36,000,000 of CEDA Revenue Obligations for the benefit of North Waterford Apartments, L.P. (the "Borrower"). 3. Adopt a resolution approving the issuance by CEDA of the Obligations for the benefit of the Borrower. BACKGROUND: In 1985, the Agency acted as a conduit for $30 million tax-exempt financing to develop a 556-unit multi-family project by North Waterford Apartments, L.P. (the "Borrower"), known as the Highland Apartments. The Borrower pays the trustee directly, and the debt service on the bonds is not a responsibility of the Agency. The Borrower is a California limited partnership. The general partner of the Borrower is Sequoia Equities VII LLC, a California limited liability company. Sequoia Equities VII LLC is one of several affiliated partnerships and limited liability companies managed by Sequoia Equities, Inc., which manages a portfolio of over 10,000 apartment homes throughout California. The Borrower has recently contacted staff requesting the City's assistance with a new tax-exempt multi-family revenue bond financing, which would refund the 1985 Series A Agency Multifamily Housing Revenue Bonds, with- a current 'unpaid balance of approximately $24.5 million. In addition, the 'new financing contemplates an additional $11.5 million of taxable revenue bonds to refinance other obligations of the Borrower COUNCIL AGENDA ITEM NO. 30 and provide funds to make improvements to the property located at 11750 Mount Vernon Avenue. Approximately $3 million of the taxable proceeds would be used to make interior and exterior improvements to the property. DISCUSSION: As proposed, a Joint Powers Authority (JPA), the California Enterprise Development Authority (CEDA), would issue the bonds for the benefit of the Borrower. CEDA was established to issue tax-exempt and taxable conduit revenue bonds to fund projects that provide a public benefit and serve the needs of residents within the member jurisdictions. All cities and counties in California have the ability to act as an issuer of conduit revenue bonds, but many jurisdictions utilize joint powers authorities primarily for economies of scale, to access specialized transaction knowledge and resources, and to minimize the use of local staff time. There are more than 30 cities and counties who are associate members of CEDA, including the counties of Alameda, Contra Costa, Imperial, Marin, Riverside, Sacramento, San Bernardino, Santa Clara, San Diego, Stanislaus, and Sonoma, and many cities including Anaheim, City of Industry Duarte, Irwindale, Orange, Pasadena, Redlands and Riverside. The original JPA Agreement permits other local agencies in California to join CEDA as an Associate Member that does not participate in or vote on administrative matters of the JPA. In order for the Borrower and CEDA to complete the proposed Financing, the City must join CEDA as an Associate Member and approve the Financing because the project is within the City's jurisdiction. If the City Council does not approve the project, CEDA cannot issue the proposed bonds. Federal law requires a public hearing before the City Council prior to any bond issuance by CEDA for projects under the City's jurisdiction. A proposed Resolution approving the Associate Membership Agreement and the Agreement are attached to this report as Attachments 1 and 2. The Agreement between CEDA and the City of Grand Terrace, states in Section 4 that "the debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City." The buyer of the bonds would be Wells Fargo Bank. The Borrower will use the proceeds to: (a) Refund the outstanding $24,500,000 Community Redevelopment Agency of the City of Grand Terrace (California) Multifamily Housing Revenue Bonds (Mt. Vernon Villas Project) 1985 Series A; (b) Finance, refinance or reimburse the Borrower for the cost of certain improvements to the property; (c) Refinance certain other obligations of the Borrower related to the property; and, (d) Pay financing costs in connection with the issuance of the Bond Obligations. Approximately $3 million of the taxable proceeds would be used by the Borrower for certain interior and exterior improvements to the Property. Exterior improvements include the remediation of dry rot, roof repair and other deferred maintenance items. 31 i The expected interior improvements continue the Borrower's upgrade program at the Property and include new flooring, new kitchen countertops, cabinet resurfacing, and paint enhancements. While the Obligations are outstanding, at least 20% of the units will continue to be reserved for low and moderate income tenants.' The Borrower and CEDA will enter into a new Regulatory Agreement to provide for compliance with this covenant. The Borrower has also agreed to cancel their pending appeal and to not file future appeals to reduce the County Assessor's valuation of the property as long as the Obligations are outstanding. (Please see Attachment 4.) Staff recommends supporting this request because $3 million will be used to improve the property. Project construction was originally completed in 1986, so continuing diligence in maintaining and upgrading the property is important to the long-term quality of housing. A Resolution approving the issuance of the Bond Obligations by CEDA is also provided for the Council's review and approval as Attachment 3. All documents were reviewed by the City Attorney. FISCAL IMPACT: There is no fiscal impact to the City. The City does not bear any responsibility for the tax-exempt status of the Obligations, the debt service on the Obligations or any other matter related to the Obligations. Respectfully submitted: oyce owers Community and Economic Development Director Manager Approval: Betsy . Ada s, City Manager ATTACHMENTS: 1. Resolution of the City Council authorizing the execution and delivery of an Associate Membership Agreement between the City of Grand Terrace and the California Enterprise Development Authority; 2. Associate Membership Agreement between the City of Grand Terrace and the California Enterprise Development Authority ; and 3. Resolution of the City Council approving the issuance of the Obligations by the California Enterprise Development Authority, for the benefit of North Waterford Apartments, A California Limited Partnership. 4. Letter of confirmation concerning the assessed valuation. 32 ATTACHMENT 1 Resolution of the City Council authorizing the execution and delivery of an Associate Membership Agreement between the California Enterprise Development Authority and the City of Grand Terrace 4850-5585-5625.2 33 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF GRAND TERRACE IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING 'TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY RESOLVED, by the City Council (the "Council") of the City of Grand Terrace (the "City"), as follows: WHEREAS, in furtherance of the City's economic development efforts, the City desires to become an associate member of the California Enterprise Development Authority (the "Authority"); and WHEREAS, the form of associate membership agreement (the "Associate Membership Agreement") between the City and the Authority has been filed with the City, and the members of the Council, with the aid of the City's staff, have reviewed the Associate Membership Agreement; - NOW, THEREFORE, BE IT RESOLVED that the Council of the City hereby finds, determines and declares as follows: Section 1. Section 1. Associate Membership in the Authority. The City Council hereby approves associate membership by the City in the Authority. Section 2. Section 2. Approval of Associate Membership Agreement. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager or any designee of such officers, to execute the Associate Membership Agreement and authorizes the City Clerk to attest to such signature, in substantially the form on file with the City Clerk, . together with any changes therein deemed advisable by the official signing the Associate Membership Agreement. Section 3. Section 3. Official Action. The Mayor, the City Manger, the City Clerk and other officers and officials of the City, are hereby authorized and directed to take all actions and do .all things necessary or desirable hereunder with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates instruments and other documents which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this resolution. Section 4. Section 4. Effective Date. This Resolution shall take effect upon its adoption by the City Council. 4849-3841-5113.1 34 PASSED,APPROVED AND ADOPTED this August 9, 2011,by the following vote: AYES: NOES: ABSTAIN: ABSENT: By: Walt Stanckiewitz, Mayor Attest: By: Brenda Mesa, City Clerk 4849-3841-5113.1 2 35 CERTIFICATE OF THE CITY CLERK I, Brenda Mesa, City Clerk of the City of Grand Terrace, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Grand Terrace duly and regularly held in Grand Terrace, California, on August 9, 2011, of which meeting all of the members of said City Council had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. IN WITNESS WHEREOF, I have executed this certificate this of August, 2011. Brenda Mesa, City Clerk J 4849-3841-5113.1 3 36 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF GRAND TERRACE THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership - Agreement"), dated as of August 9, 2011, by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, a public entity of the State of California(the"Authority"), and the CITY OF GRAND TERRACE, a municipal corporation, duly organized and existing under the laws of the State of California(the "City"); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and . collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the"Agreement"), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designated the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose,.among others, to assist for profit and nonprofit.corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member(an"Associate Member"); and WHEREAS, the City desires to become an Associate Member of the Authority; WHEREAS, City Council of the City has adopted a resolution approving this Associate Membership Agreement and the execution and delivery hereof; WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained,the Authority and the City do hereby agree as follows: Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and 4824-9457-7929.1 38 delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the'Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws of the Authority. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Associate Membership Agreement. The Authority represents that execution of this Associate Membership Agreement satisfies the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City, as an Associate Member, in all programs and other undertakings of the Authority in which an Associate Member may participate. 4824-9457-7929.1 2 39 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Wayne Schell, Chairman Attest: . By: Gurbax Sahota, Assistant Secretary CITY OF GRAND TERRACE By: Walt Stanckiewitz, Mayor Attest: By: Brenda Mesa, City Clerk 4824-9457-7929.1 3 40 ATTACHMENT 3 Resolution of the City Council approving the issuance of the Obligations by the California Enterprise Development Authority for the benefit of North Waterford Apartments, A California Limited Partnership 4850-5585-5625.2 41 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING THE ISSUANCE BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED $36,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE AUTHORITY'S REVENUE OBLIGATIONS FOR THE PURPOSE OF FINANCING AND REFINANCING THE COST OF CERTAIN FACILITIES FOR THE BENEFIT OF NORTH WATERFORD APARTMENTS,A CALIFORNIA LIMITED PARTNERSHIP,PROVIDING - . THE TERMS AND CONDITIONS FOR SUCH OBLIGATIONS AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED WHEREAS, North Waterford Apartment, A California Limited Partnership (the "Borrower"), has submitted and the California Enterprise Development Authority (the "Authority") has accepted, an application requesting the Authority to issue, from time to time, pursuant to a plan of finance, its tax-exempt and/or taxable revenue obligations in an aggregate principal amount not to exceed $36,000,000 (the "Obligations") for the benefit of the Borrower pursuant to Chapter 7 of Part 5 of Division 31 of the California Health & Safety Code, the proceeds of which will be used to (a) currently refund the outstanding $24,500,000 Community Redevelopment Agency of the City of Grand Terrace (California) Multifamily Housing Revenue Bonds (Mt. Vernon Villas Project) 1985 Series A (the "Prior Bonds"), the proceeds of which were used to finance the acquisition, construction, installation and equipping of a 556-unit residential complex located at 11750 Mount Vernon Avenue, Grand Terrace, California and commonly known as Highlands Apartments (the "Original Improvements"); (b) finance, refinance or reimburse the Borrower for the costs of additional improvements to such property (the "Additional Improvements" and, together with the Original Improvements, the "Facilities"); (c) refinance certain other obligations of the Borrower with respect to the Facilities; and (d) pay certain financing costs in connection with the issuance of the Obligations; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986,as amended(the"Code"); and WHEREAS, the Facilities are located within the territorial limits of City of Grand Terrace (the "City") and the City Council of the City (the "City Council") is' the elected legislative body of the City; and WHEREAS, the City has adopted a resolution approving the City joining the Authority as an Associate Member and is authorized to participate in the Authority's conduit financing programs; and WHEREAS,the Authority and the Borrower have requested that the City Council approve the issuance of the Obligations by the Authority and the financing of the Facilities with the proceeds of the Obligations pursuant to Section 147(f)of the Code; and 4827-2906-5737.1 42 r WHEREAS, the Authority's issuance of the Obligations will result in a more economical and efficient issuance process because of the Authority's expertise in the issuance of conduit revenue bonds; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose; and WHEREAS, a public hearing was held by the City Council on this August 9, 2011, at the meeting which commenced at the hour of 6:00 p.m., at the City of Grand Terrace, City Council - Chambers, located at 22795 Barton Road, Grand Terrace, California, following duly published notice thereof in a newspaper of general circulation in the City of Grand Terrace on July26, 2011, and all persons desiring to be heard have been heard. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City as follows: Section 1. The City Council hereby finds and determines that all of the recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Obligations by the Authority, which Obligations may be tax-exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $36,000,000 to currently refund the Prior Bonds, to finance, refinance or reimburse the Borrower for the cost of the Facilities and pay financing costs in connection with the issuance of the Obligations. This resolution shall constitute "host" approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purpose. The City shall not bear any responsibility for the tax-exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations. Section 3. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed,jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the Obligations and otherwise to effectuate the purposes of this Resolution. Section 4. This Resolution shall take effect from and after its adoption. 4827-2906-5737.1 2 43 PASSED,APPROVED AND ADOPTED this August 9, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: By: Walt Stanckiewitz, Mayor Attest: By: Brenda Mesa, City Clerk 4827-2906-5737.1 3 44 CERTIFICATE OF THE CITY CLERK I, Brenda Mesa, City Clerk of the City of Grand Terrace, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Grand Terrace duly and regularly held in Grand Terrace, California, on August 9, 2011, of which meeting all of the members of said Board had due notice. I further certify that I have carefully compared the foregoing copy with the original . minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution.has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. IN WITNESS WHEREOF, I have executed this certificate this of August, 2011. Brenda Mesa, City Clerk 4827-2906-5737.1 4 45 ATTACHMENT 4 Letter regarding the Assessed Valuation 46 SEQUOIA e q u i t i e s July 27,2011 Honorable City Council City of Grand Terrace 22795 Barton Road Grand Terrace,California 92313 Re: 11750 Mount Vernon Avenue,Grand Terrace,California(the"Property") Ladies and Gentlemen, As you are aware, North Waterford Apartments, a California Limited Partnership (the "Borrower") intends to -finance and refinance certain costs related to the above-referenced Property through the issuance of the California Enterprise Development Authority Tax-Exempt Multi-Family Housing Refunding Revenue Bonds (North Waterford Apartments, L.P. Project) Series 2011A and Taxable Multi-Family Housing Revenue Bonds(North Waterford Apartments, L.P. Project) Series 2011B (together, the "Bonds"). The Borrower hereby agrees with the City that it shall abandon any pending assessment appeals with respect to the Property,and agrees not challenge the current assessed valuation of the Property while such Bonds are outstanding. Please do not hesitate to contact Mark Carter at (925) 945-0900 with any questions regarding the provisions of this letter. Yours truly, NORTH WATERFORD APARTMENTS,A CALIFORNIA LIMITED PARTNERSHIP By: SEQUOIA EQUITIES VII LLC,a California limited liability-company Its: General Member r By. Mark S. r Member Manager 4834-2880-4618.1 1777 Botelho Drive,Suite 300 Walnut Creek,CA 94596 tel:925.945.0900 fax:925.256.3780 mAm ExperienceSequo ia.co m 47 CALI'FORNIA AGENDA REPORT MEETING DATE: August 9, 2011 Council Item (X) CRA Item ( ) TITLE: Barton?laza PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Adopt Ordinances adopting Zone Change 11-01 and Specific Plan Amendment 11-01. BACKGROUND/DISCUSSION: On July 26, 2011, the City Council conducting a public hearing on the Barton Plaza project and voted to approve Tentative Parcel Map 11-01 and General Plan Amendment 11-01; and moved Zone Change 11-01 and Specific Plan Amendment 11-01 to second reading. RECOMMENDATION Adopt the attached Ordinances adopting Zone Change 11-01 and Specific Plan Amendment 11-01. Respectfully submitted, l.L- G'22^�il/L- J ce owers Director of Community and Economic Development Manager Approval: Betsy . A- dafns City Manager COUNCIL AGENDA ITEM NO. / 4 49 Agenda Report Re: Barton Plaza Page 2of2 ATTACHMENTS: 1. Ordinance for Zone Change 11-01 2. Ordinance for Specific Plan 11-01 50 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING ZONE CHANGE 11-01 TO AMEND THE ZONING MAP BY RE-ZONING 0.75 ACRES LOCATED ON THE WEST SIDE OF MOUNT VERNON AVENUE AND APPROXIMATELY 400 FEET NORTH OF BARTON ROAD FROM ADMINISTRATIVE PROFESSIONAL TO BRSP- VILLAGE COMMERCIAL WHEREAS, Evergreen DevCo, Inc.-, represented by Katie Rounds, has applied for the approval of General.Plan Amendment (GPA) 11-01, Zone Change (ZC) 11-01, and Specific Plan Amendment (SPA) 11-01 to amend the designations on northerly 0.75 acres by amending the General Plan land use designation from' Office Commercial to General.Commercial, change the zoning classification from Administrative Professional, to BRSP-Village Commercial, and amend the boundaries of the Barton Road Specific Plan to include the northerly 0.75 acres of the site in the Specific Plan. WHEREAS, concurrent applications filed include Site and Architectural Review (SA) 11-02, Tentative Parcel Map 11-01 (Tentative Map No. 19131), Sign Program 11- 02, to re-subdivide approximately 3.6 acres into.four lots and develop, in two Phases, a 37,700 square foot commercial center with-1,800 square feet of outdoor seating. The Sign Program establishes the sign standards for the commercial center. WHEREAS, an environmental Initial Study was. prepared for the Project pursuant to the California Environmental Quality Act (CEQA), which was circulated for public review from June 13, 2011 to July 12, 2011. The Initial Study determined that the project would not have a .significant effect on the environment because mitigation measures have been incorporated into the project to reduce all potential impacts to insignificant. WHEREAS, -on July 14, 2011, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said- date by voting 4-0 approving Site and Architectural Review 11-02 and Sign Program 11-02, and recommending City Council approval of Zone Change 11-01. WHEREAS, on July 26, 2011, the City Council conducted a-duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and conducted second reading on August 9, 2011. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows Page 1 of 4 51 SECTION 1. The City Council hereby finds that, based on the Initial Study, the public hearing, and substantial evidence in the record, the Project will not have a significant effect on .the environment because all potential environmental impacts have been mitigated to a level of non-significance through the incorporation of mitigation measures in the Project approval. The Mitigated Negative Declaration has been reviewed and considered.and reflects the independent judgment of the City Council. SECTION 2. The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or be injurious to property or improvements in the neighborhood or within the city because the re-designation permits the same level of commercial development as the existing designation. The zone change will allow the development of a cohesive commercial center under one zoning classification, subject to one set of development standards, and subject to specific conditions of approval. SECTION 3. The proposed amendment will be consistent with the latest adopted General Plan. The Zone Change to BRSP-VC would permit a variety of village commercial uses such drug stores, markets, cafes, bakeries, gift shops, bookstores, food and restaurant uses, and.other similar,commercial retail uses. The proposed re- zoning will allow for the ultimate development of a village commercial center consistent with the intent of the proposed GC General Plan land use designation to provide for general commercial uses that would serve the retail and service needs of the community. SECTION 4. The Council hereby adopts the Mitigated Negative Declaration and adopts Zone Change 11-01 .to amend the Zoning Map by re-zoning the property shown - on Exhibit 1, attached hereto, from Administrative Professional (AP) to Barton Road Specific Plan-Village Commercial (BRSP-VC). SECTION 5. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid, or unconstitutional, then all other provisions shall remain valid and enforceable. SECTION 6. This ordinance shall take effect thirty days from the date- of adoption. SECTION 7. First read at a regular meeting of the City Council held on the 26tn day of July, 2011 and finally adopted and ordered posted at a regular meeting of said City Council on the 9th day of August, 2011. Page 2 of 4 52 ATTEST: City Clerk Mayor I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Grand Terrace held on the 26th day of July, '2011, and finally adopted a regular meeting of said City Council on the 9th day of August, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Approved as to form: City Attorney Page 3 of 4 53 V LWL T Me, q R.4. U 10 lax 2: 7 F `7 MS' t zJ UdE R-9 W'ilt IL OR ORDINANCE NO. l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING SPECIFIC PLAN AMENDMENT 11-01 TO INCORPORATE 0.75 ACRES LOCATED ON THE WEST SIDE OF MOUNT VERNON AVENUE AND APPROXIMATELY 400 FEET NORTH, OF BARTON ROAD INTO THE BARTON ROAD SPECIFIC PLAN WHEREAS, Evergreen DevCo, Inc., represented by Katie Rounds, has-applied for the approval of General Plan Amendment (GPA) 11-01, Zone Change (ZC) 11-01, and Specific Plan Amendment-(SPA) 11-01 .to amend the designations,on northerly 0.75 - acres by amending the General Plan land use designation from Office Commercial to. General Commercial, change the zoning classification from Administrative Professional, to BRSP-Village Commercial, and amend the boundaries of the Barton Road Specific Plan to include the northerly 0.75 acres of the site in the Specific Plan. WHEREAS, concurrent applications filed include.-Site and Architectural Review (SA) 11-02, Tentative Parcel. Map 11-01 (Tentative.Map No. 19131), Sign Program 11- 02, to re-subdivide approximately 3.6 acres into four lots and develop, in two Phases, a 37,700 square foot commercial center with 1,800 square feet of outdoor seating. The Sign Program establishes the sign standards for the.commercial center. WHEREAS, an environmental Initial Study was prepared for the Project pursuant to the California Environmental Quality Act (CEQA), which was circulated for public review from June 13, 2011 to July 12, 2011. The Initial Study determined that the project would not have a significant,effect on the environment because mitigation measures have been incorporated into the project to reduce all potential impacts to insignificant. WHEREAS, on July 14, 2011, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on. said date by voting 4-0 approving Site and Architectural Review 11-02 and Sign Program 11-02, and recommending City Council approval of Specific Plan Amendment 11-01. WHEREAS, on July 26, 2011, the City Council conducted a duly not public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road,. Grand Terrace, California 92313 and conducted second reading on August 9, 2011. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, it is hereby found, determined,-and resolved by the City Council of the City of Grand Terrace, as follows Page 1 of 11 55 SECTION 1. The City Council hereby finds that, based on the Initial Study, the public hearing, and substantial evidence in the record, the Project will not have a significant effect on the environment because all potential environmental impacts have been mitigated to a level of non-significance through the incorporation of mitigation measures in the Project approval. The Mitigated Negative Declaration has been reviewed,and considered and reflects the independent judgment of the City Council. SECTION 2. The proposed amendment to consistent with the adopted Barton Road Specific Plan. The proposed Amendment to incorporate the 0.75-acre site into the BRSP and zone it BRSP-VC is consistent with Land Use/Economic objectives of the BRSP to maximize the economic position of the BRSP by promoting sales tax- generating uses because commercial retail uses will be developed on the site; and the design promotes Land Use/Economic objectives to promote a distinctive commercial cluster rather than strip commercial. SECTION 3. The proposed amendment will be consistent with the latest adopted General Plan. The inclusion of the 0.75-acre site into the BRSP will allow for ,the ultimate development of a cohesive village commercial center consistent with the intent of the proposed GC General Plan land use designation to provide for general commercial uses that would serve the retail and service needs of the community, and is consistent with General Plan Amendment 110-1. SECTION 4. The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of.the persons residing or working within the neighborhood of the proposed amendment or be injurious to property or improvements in the neighborhood or within-the city because the incorporation of the 0.75 acres into the BRSP will allow the development of a cohesive commercial center under one zoning classification, subject to one set of development standards, and subject to specific conditions of approval. SECTION 5. The Council hereby adopts the Mitigated Negative Declaration and adopts Specific Plan Amendment 11-01 to amend the Barton Road Specific Plan!as shown on the Exhibits 1 a through 1 h, attached hereto. SECTION 6. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared 'invalid, or unconstitutional, then all other provisions shall remain valid and enforceable. SECTION 7. This ordinance shall take effect thirty days from the date of adoption. SECTION 8. First read at a regular meeting of the City Council held on the 26th day of July, 2011 and finally adopted and ordered posted at a regular meeting of said City Council on the 9th day of August, 2011. Page 2 of 11 56 ATTEST: City Clerk Mayor I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Grand Terrace held on the 26th day of July, 2011, and finally adopted a regular meeting of said City Council on the 9th day of August, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Approved as to form: City Attorney Page 3 of 11 57 Exhibit 1 a Specific Plan Area MapAN C40f Barton Bead Specific Plan Grand Terrace � Planning Area: Q 5pea6c Plan Area Cmn-ayoeadcpn-*Depar—nLAugaste,2011_ This nap"sforrem city.Far detAedirbn ficn.pleasecomultw&the C By Devak m dDepartrteeL Page 4 of 11 58 Exhibit 1 b ",. Existing Lana Use Map Ali c yaf . .Barton Road Specific Plan Gland Terrace i BARTON Planning Area. Specific Plan Area ®. Low Density Residential Medium Density Residential PutAiid Institutional Vacant Land Office Co nmenial CwmwayDewwopnertDepmkrentAuWstg.2011. GeneialCorrenercial Thismapisnrretwmo*.FadeWedirt`amudm.proseansL twimeheCenvnmiyDEvdoperettDepacraet- Page 5 of 11 59 Exhibit 1 c ctrr Plan n in A rea -Alfa N Owot Barton Road Specific Flan Grand Terrace yhsk�zc ' gg "J" - --- i:' +Pc PZA1IVIVIN'G Om• S� � � AREA3 PLANNING PLANNING AREA 1 AREA 2 Planning Area: Specific Plan Area ® Planning Areal c«,:„�nxyoe�ap�entoe n�, te.z�+n. Planning Am2 This map a ftu reWene,%.For det37e kftu atbn.Please ow&A with the Community Oenk print Mpmtrm% 0 Planning Area 3 (2) Master Plan Area Exhibit 3 Page 6 of 11 60 Exhibit 1 d Zo n in Map Ciwof Barton Road Specific Plan Grand Terrace Li_' ;_', .e Y`" ®� (AP)"AH TTSTRATIVE ET. ' PROFESSIOXAL PL-iiNMVGARE4 3 (GC)GEIVERAL (IC)YILL4GE COMWERML CO.t UERCM Planning Area: PL4A A7?VGARE91(PA1) Mn,?VGAREA Z(P-t2) Specific Plan Area ® (GC)General Cormnercial(PAI) C---tyDe-ftipn DePutmit,hugest9,2011. This uW is forrefere>re ady.Fw deWed idamatan.pleme crosA vrlh ft Cmi nmiV Derdopnent Depart<mt (VC}Wage Cortrnercial(PA2} 0 (AP)Adminisfrafive Professional(PA3) Page 7 of 11 61 Exhibit 1 e Existing Transportation Map City of Barton Road Specific Pan A Grand Terrace, flag 3«er _ A :•. _ Y i yr, i;�: ". HAP CT:3= i Road Ways a Specific Plan Area ®� ■ Mgjor Highway ..... Modified Major Highway Cmnm mly Development DepmWwnt Aug=9.202 t. Secondary Highway ih.mip is TornefaEme only.Fa dwm`Ied infariMm,pose caia3 wM Ile Cam mty DevcdapMAM Depzmmm —-— Collector Local Street RikP f anp Page 8 of 11 6,1 Exhibit 1 f `. Existing Water Line Map City of Barton Road Specific Plan AN , Grand Terrace 'a Q i 0 24 24 — — — — �. I •t I" "}',' ;Fit'. LP�u�� 11i�11W zWater Line Diagram =3 Specific Plan Area g ,` Water Line Caramn4 Devda{srcer9 Depwftmt,August 9.2911. This map isft rekrvmeady,Far @dated mrv,*wbw%pease=s&read rte Ce"n,Ety Devdopn*d Departmeri Page 9 of 11 63 Exhibit 1 g Existing Sewer Line Map c►ri of Balton Road Si i ecs Plan N Grand Terrace t" ir .•Rt d.�� .'C. � tt I.r., `1— _ — — — _— ——.— — — —,I — _ — — —� — - — _J— — — — 1 1 I F- 1 LLLLLL CT�C� Sewer Line Diagram E 2 � SPECIk PIS Area Sewer LRte Ca monity QeadcpmT Depwtnmt,Aug=9,:.dSt 1. This rm*a?areferenm aty.FadeWed intmamm pkme ccmu t Tft the Camnmdy Dereiapnsit Depubrstt Page 10 of 11 64 Exhibit 1 h c+ft Existing Storm Drain Ma CW of Barton Road Specific Plan Grand Terrace 2r SM4• :;a :< mars IW 8s Storm Drain Diagram Specific Plan Area Storm Drain C.M.P. f Stour►Drain R.C.P. �T+�lf t�P�L August 9,2(It1. 'This mV is Af refaw E a*•For detdW ifow giro,please W®$vvRh lice CmTwm n2y{)Qy M Exhibit 10 Page 11 of 11 65 ORDINANCE NO. AN ORDINANCE' OF THE CITY OF GRAND TERRACE ELECTING TO- COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace, ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City.Council("City Council")of the City of Grand Terrace("City");and WHEREAS, the City Council approved a redevelopment plan for a redevelopment project and project area(the "Original Plan" and"Original Project Area", respectively, by Ordinance No. 25 adopted September 27, 1979, which has subsequently been amended by an amendment ("Amendment No. I"), as approved by Ordinance No. 31 adopted on January 17, 1980, an additional amendment("Amendment No. 2") as approved by Ordinance No. 52 on July 15, 1981, an additional amendment("Amendment No. 3") as approved by Ordinance No. 187 on July 22, 1999, an additional amendment ("Amendment No. 4") as approved by Ordinance No. 202 on September 12, 2002, an additional amendment ("Amendment No. 5") as approved by Ordinance No. 212 on July 22, 2004, and an additional amendment ("Amendment No. 6") as approved by Ordinance No. 250 on May 11, 2010 approving an amended and restated redevelopment plan (herein,the "Amended Redevelopment Plan") for the project area as established by Ordinance No. 25 and thereafter amended as set forth above under the Amended Redevelopment Plan(the"Amended Project Area");and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the CRL .by ABX1 26 and ABX1 27, which,measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were COUNCIL AGENDA ITEM NO. pu 67 approved by both houses of the Legislature on June 15,2611 and signed by the Governor on June 28, 2011; and WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the Agency, as of October 1,2011, and provides that,thereafter, a successor agency to administer the enforceable obligations of the Agency and otherwise wind up the Agency's affairs,all subject to the review and approval by an oversight committee;and WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and WHEREAS, the dissolution of the Agency would be detrimental to the health, safety, and economic well-being of the residents of the City and cause irreparable harm to the community, - because, among other reasons, the redevelopment activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and the City, and are a critical component of its future;and WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ("Program");and WHEREAS, as a condition of the Agency's continued existence and operation of its redevelopment agency, the City is required to make certain annual remittances to the county auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for 2 68 the 2011-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15, 2012 and May 15,2012; and WHEREAS, the City will have sufficient moneys and revenues to fund an amount equal to the City's payment of the First Remittance and expects to have sufficient moneys and revenues to fund the subsequent annual remittances required by Part 1.9; and WHEREAS, the City's needs are such that it can commit to spend the funds received from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance activities within the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project, including without limitation: the promotion of public improvement facilities; -the provision of .adequate roadways to correct street alignment problems, to provide adequate circulation and access to highways; the provision of needed improvements to the community's recreational, cultural.and other community facilities to better serve the Amended.Project Area; to - eliminate and prevent the spread of blight and deterioration; the enhancement and renovation of businesses within the Amended Project Area; and expanding the resource of developable land I by making underutilized-land available for development; and WHEREAS, the City and Agency intend to execute an agreement pursuant to CRL,.Section 34194.2, whereby the Agency shall make an initial transfer of a portion of its tax increment to the City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment equal to any subsequent remittance which the City is required to make to the county auditor- controller pursuant to the City's participation in the Program ("Agreement to Transfer Tax Increment");and WHEREAS, the City is aware that the validity, passage, and applicability of ABX.1 26 and ABX1 27 may become the subject of a judicial challenge; and 3 69 WHEREAS, the City, by the adoption of this Ordinance, does not represent, disclaim, or take any position whatsoever on the issue of the validity of ABX 126 or ABX 127,but rather the City seeks to comply with the.Constitution and laws of the State of California, including Part 1.9, in order to preserve the ability of the Agency to continue to operate and thereby benefit the community; and WHEREAS, it is hereby acknowledged by the City Council that the League of California Cities and the California Redevelopment Association have respectively expressed the view that certain or all provisions of ABX1 26 and ABX1 27 including, but not limited to the effectiveness date,violate the State Constitution and other laws(collectively, "Laws"); and WHEREAS,the City Council does not intend, by enactment of this Ordinance,to waive any constitutional and/or legal rights by virtue of the enactment of this Ordinance and,therefore, reserves all of its rights under Laws regarding challenges, by the City or others, to the validity of any or all provisions of ABX1 26 and ABX1 27 in any administrative or judicial proceeding and/or repeal this Ordinance,without prejudice to the City's right to recover any amounts remitted under Part 1.9;and WHEREAS,the City Council does not intend, by enactment of this Ordinance to waive any rights of appeal regarding the amount of any remittance established by the Department of Finance, as provided in Part 1.9;and WHEREAS,the City is the lead agency concerning this Ordinance pursuant to the California Environmental Quality Act (codified as Public Resources Code Sections 21000 et seq) ("CEQA") and the State CEQA Guidelines; and WHEREAS, City staff has determined that this Ordinance is exempt from CEQA, pursuant to CEQA Guidelines Section 15378 (b)(4), because such authorizations are not considered a project subject to CEQA review. The community remittance is a government funding mechanism and fiscal 4 70 activity, which does not involve any commitment to any specific project which may result in a potentially significant environmental impact; and WHEREAS, the City has.duly considered all other related matters and has determined that the'City's participation in the Program is in the best interests of the City, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE _CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: 1. The.foregoing recitals are true and correct. 2. The City hereby finds that(i)the dissolution of the Agency would be detrimental and cause irreparable harm to the community and to the health, safety, and economic well-being of the citizens of the City, and (ii) the types of activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and-the City, and are a critical component of its future; and 3. The City hereby ordains that the City shall comply with the Constitution and the laws of the State of California, subject to the provisions hereof, including Part 1.9, including the determination of remittance amounts, appeal rights in relation thereto, and the making of the remittances referred to in CRL Section 34194(b) and(c) at the times and in the manner described in Part 1.9. This ordinance is that ordinance referred to in CRL Section 34193 and shall be interpreted and applied in all respects so as to comply with Part 1.9,to the fullest extent permitted by law. 5 71 4. . On or before November 1, 2011, the City Manager is hereby authorized and directed to notify the county auditor-controller, the Controller of the State, and the State Department of Finance that the City agrees to comply with the provisions of Part 1.9 as provided hereunder, such notice to be in accordance with CRL Section 34193.1. The City Manager is hereby authorized to take any actions necessary to implement this Ordinance and comply with Part 1.9, including without limitation, providing required notices to the Auditor Controller, the State Controller, and the Department of Finance; entering into any agreements with the Agency to make the remittance payments; or making any remittance payments. 5. The City's remittances to the county auditor-controller made pursuant to Part 1.9 may be paid from any legally available funds of the City not otherwise obligated for other uses in accordance with Section 34194.1. Nothing herein is intended or shall be interpreted to require any payments or impose any financial or other obligation of the City other than in accordance with the Constitution and laws of the State of California, including Part 1.9. 6. Neither the adoption of this Ordinance, nor the acknowledgment of or references to any provisions of ABX1 26 and ABX1 27, nor the City's payment of any remittances contemplated by ABX1 27 shall be deemed to be, nor are they intended as, an acknowledgment of the validity of ABX1 26 and ABX1 27, and the City reserves all right in its sole discretion to challenge the validity of any or all provisions of ABX1 26 and ABX1 27 in any administrative or judicial proceeding and/or repeal this Ordinance, without prejudice to the City's right to recover any amounts remitted under Part 1.9. 7. The City Council determines that approval of this Ordinance exempt from CEQA, pursuant to CEQA Guidelines Section 15378 (b)(4), because such approval not considered a project subject to CEQA review. The payment is a government funding mechanism and fiscal activity which 6 72 does not involve any commitment to.any specific project which may result in a potentially significant environmental impact. 8. The City Council hereby authorizes and directs that a Notice of Exemption shall be filed with the Clerk of the Board of Supervisors of the County of San Bernardino, California, within five(5)working days following the date of adoption of this Ordinance. 9. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it,to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Grand Terrace, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. 10. The City Clerk shall certify to the passage and adoption of this Resolution and the same shall thereupon take effect and be in force immediately upon its adoption. 11. .This Ordinance shall become effective thirty (30) days after the date of the final passage and adoption hereof. 7 73 PASSED APPROVED AND ADOPTED this_day of ,2011. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 74 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss CITY OF GRAND TERRACE ) I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance No. was duly passed and adopted at a meeting of the City Council of the City of Grand Terrace held on the day of 92011. Upon motion of City Council Member , seconded by City Council Member the foregoing Ordinance No. was duly passed and adopted. Vote on the motion: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF,I have hereunto set my hand and the Official Seal of the City of this day of ,2011. Brenda Mesa,City Clerk 9 75 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-JULY 26,2011 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace,was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on July 26, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Chairman Lee Ann Garcia, Vice-Chairman Darcy McNaboe, Agency Member Bernardo Sandoval, Agency Member Gene Hays, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Lt. Steve Dorsey, San Bernardino County Sheriffs Department ABSENT: Rick McClintock, San Bernardino County Fire Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. 1. APPROVAL OF 07-12-2011 MINUTES CRA-2011-41 MOTION BY AGENCY MEMBER MC NABOE, SECOND BY VICE- CHAIRMAN GARCIA, CARRIED 5-0,to approve the July 12,2011 Minutes. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting in memory of David Zamora,Mayor of the City of Colton,at 9:55 p.m.,until the next CRA/City Council Meeting . that is scheduled to be held on Tuesday, August 9, 2011 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CRA AGENDA ITEM NO. J 77 CALI,FORNIA AGENDA REPORT MEETING DATE: August 9, 2011 Council Item ( ) CRA Item ( X ) TITLE: Redevelopment Update — Cleanup.Legislation, CRA Lawsuit & "Voluntary" Community Remittance Appeal PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Receive information on the most recent developments related to the new redevelopment law. BACKGROUND: On June 28, 2011, the Governor signed 2011=12 budget trailer,bills ABX1 26 and 27 which created new redevelopment law. On July. 12, the City. Council adopted a resolution of intent to continue the Community Redevelopment Agency of the City of Grand Terrace, as required by ABX1 27. Only'July 26, the Council had the first reading of the related ordinance required by ABX1 to Agency, with the second reading -- scheduled for the August 9 Council Meeting with the ordinance being enacted 30 days thereafter. September 13 will be the first.Board Meeting at which the Agency Board will take action on new business for the Agency. DISCUSSION: The focus of this.redevelopment update is to,provide the Agency Board with the most current information on proposed cleanup legislation for ABX1 26 and 27, the. lawsuit filed by the California-Redevelopment Association (CRA) challenging ABX1 26 and 27, and the City's appeal of the amount of the "voluntary" community .remittance allowed under ABX1 27. .The information in this staff report is current as of August 1, 2011. On behalf of.the City Manager, the Community & Economic Development Director will provide an oral update on developments in any of the areas-subsequent to August 1. Cleanup Legislation On July 27, 2011, the CRA advised its members of efforts by the Legislature to draft legislation to "fix" ABX1 26 and 27.. Three bills are being considered to address issues in the following areas: ■ Correct technical inconsistencies in ABX1 26 and 27. ® Correct specific problems indentified by individual agencies and their legislators. ■ Significant policy changes such as requiring - use of low and moderate income housing funds for the community remittance payments to be treated as a loan. CRA AGENDA ITEM NO. 79 Redevelopment Update — Cleanup Legislation, CRA Lawsuit & "Voluntary" Community Remittance Appeal Page 2 The Legislature reconvenes from its summer recess on August 15 and then has four weeks to consider new bills in current the legislative year. Key dates during this four week period are noted in the table below: Date(s) Actions August 26 Last day for fiscal committees to meet and report bills to the Floor. August 29,— September 9 Floor Session . only; no committees, other than conference :committees and Rules Committee, may meet for any purpose. September 2 Last day to amend bills on the Floor. September 9 Last day for each house to pass bills. CRA Lawsuit On July 18, 2011, the League of California Cities (League) and the California Redevelopment Association (CRA) filed a law suit with the California Supreme Court challenging the constitutionality of ABX1 26 and ABX1 27. The cities of San Jose and Union City are also plaintiffs in the lawsuit which includes_ the request that the Court issue a stay to prevent the legislation from going into effect until the Court can decide the lawsuit. Only July 19, the Court set a,briefing schedule for the case with August 15 being the earliest opportunity to issue the stay requested by the League and the CRA. The State filed its opposition to.the lawsuit on July 27 and the CRA filed its response to the State's response on July29. "Voluntary" Community Remittance Appeal On August 1, 2011, the Director of Finance notified each city or county of its payment amount for the 2011-12 budget year. Grand Terrace's payment will be $2,828,060 which differs slightly from the $2,850,665 and for subsequent fiscal years the payment to be $670,745 estimated by the California Redevelopment Association. The City may file an appeal on these numbers with the Director of Finance on or before August 15, 2011 and intends to do so. The City has hired Rosenow Spevacek Group Inc. (RSG) to prepare its appeal. The Director of Finance is required to make a decision on the appeal by September 15,but has the discretion to extend the decision deadline until October 15. One-half of the required payment is due on or before January 15 and the remaining on-half is due May.15 of each year. FISCAL IMPACT: There is no fiscal impact for this update on the new redevelopment law. Information on the fiscal impact of ABX1 27 was provided in the discussion section of this staff report. 80 Redevelopment Update — Cleanup Legislation, CRA Lawsuit & "Voluntary" Community Remittance Appeal Page 3 Respectfully submitted: etsy M. Adams, City Manager ATTACHMENTS: None 81