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08/23/2011
PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -AUGUST 23, 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 August 23, 2011 at 6:30 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 Tracey Martinez, Interim 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 Sheriff's Department Sgt. Ed Finneran, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. 1. APPROVAL OF 08-09-2011 MINUTES CRA-2011-43 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY MEMBER HAYS, CARRIED 5-0, to approve the August 9, 2011 Minutes. 2. REQUEST FOR OWNER PARTICIPATION STATEMENTS OF INTEREST CRA-2011-44 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY MEMBER HAYS, CARRIED 5-0, to direct staff to notify the affected parties of the proposed project area, which is the area directly east of the 1-215, generally between Commerce Way and Pico Street, of their opportunity to submit a Statement of Interest per the adopted Rules of Participation under the Redevelopment Plan. 3. ADOPTION OF AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes August 23, 2011 Page 2 CRA-2011-45 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER MCNABOE, CARRIED 5-0, to adopt a Resolution approving the Enforceable Obligation Payment Schedule required by the State and authorize the Executive Director to make any changes to the schedule necessary to ensure accuracy. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 7:50 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 The Complete Report for CRA Item: 2 is available under Item 8C. CRA AGENDA ITEM NO. MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER MCNABOE, CARRIED 5-0, to adopt a Resolution approving the Enforceable Obligation Payment Schedule required by the State and authorize the Executive Director to make any changes to the schedule necessary to ensure accuracy. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 7:50 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 The Blur\uuauin fit, Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: August 23, 2011 Council Item ( ) CRA Item (X ) TITLE: Adoption of an Enforceable Obligation Payment Schedule PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Adopt a Resolution approving the Enforceable Obligation Payment Schedule Required by the State and authorize the Executive Director to make any changes to the schedule necessary to ensure accuracy. BACKGROUND: On June 29, 2011, Governor Brown signed several budget trailer bills to implement the State Budget for Fiscal Year 2011/2012: ABx1 26 (the "Dissolution Act") immediately suspends all new redevelopment activities and incurrence of new debt, and dissolves redevelopment agencies effective October 1, 2011; and ABx1 27 (the "Continuation Act") allows redevelopment agencies to avoid dissolution if their host cities/counties elect to comply with the alternative redevelopment program. Under the Continuation Act, a redevelopment agency can continue to exist if its host community commits to making certain payments beginning in January of 2012. The legislation allows the Agency to transfer funding to the City for the purpose of making the payments to the State. The City Council has adopted an ordinance declaring the City's decision to comply with the Continuation Act to allow the Agency to resume its redevelopment activities. The ordinance was enacted on August 9th, 2011. Pursuant to the express language of the Continuation Act, the Agency's powers were restored as of the "enactment" of the ordinance, though legal counsel advised the Agency to wait the 30 day effectiveness period before entering into any new agreements or activities. In July, the California Redevelopment Association, the League of California Cities, and two cities filed a legal challenge to Dissolution Act and the Continuation Act directly in the California Supreme Court. On August 11th, the Court issued an order indicating that it would exercise jurisdiction over the lawsuit. The Court set an expedited briefing schedule to allow it to decide the case before the first payment is due on January 15, 2012. The Court also stayed the effectiveness of all of the Continuation Act, and some of the Dissolution Act. Unfortunately, the portion of the Dissolution Act that was not stayed creates uncertainties. Specifically, it left intact the following provision contained in Health & Safety Code section 34167: CRA AGENDA ITEM NO.3 "(h) After the enforceable obligation payment schedule is adopted pursuant to Section 34169, or after 60 days from the effective date of this part [June 29, 2011], whichever is sooner, the agency shall not make a payment unless it is listed in an adopted enforceable obligation payment schedule, other than payments required to meet obligations with respect to bonded indebtedness." Under the totality of the legislation, this provision would not have applied to the Agency since it had opted in. However, since the legislation under which it opted in is now on hold, the concern is that if no Schedule is adopted, one could argue that the Agency could make no payments after August 29, 2011. Agency staff and counsel do not wish to run the risk that payments made without such a list could be challenged at a later date. DISCUSSION: Due to the Supreme Court stay of portions of the new legislation, staff believes it is in the Agency's best interest to comply with the portion of ABx1 26 that requires the Enforceable Obligation Payment Schedule ("EOPS") be adopted within 60 days of the Governor's signing of the bills, or by August 28, 2011. The EOPS is required to list all of a redevelopment agency's monetary obligations that are "enforceable" within the meaning of the Dissolution Act. The list is to include: (A) The project name associated with the obligation. (B) The payee. (C) A short description of the nature of the work, product, service, facility, or other thing of value for which payment is to be made. (D) The amount of payments obligated to be made, by month, through December 2011. Certain types of payment schedules (e.g., schedules for bond payments and employee costs) may be aggregated, such as, one total for all employee costs. At this time, staff and consultants have assembled the EOPS in the manner and using a template recommended by the California Redevelopment Association. Generally speaking, the EOPS has been structured to include any entity the Agency is legally obligated to pay, through a contract or other agreement, between now and December 31, 2011. This includes costs necessary to maintain operations of the Agency. In certain cases, though no payment is anticipated prior to December 31, payees were nevertheless included in the EOPS for ease of amendment if needed. The EOPS may be amended at any public meeting of the Agency. The EOPS must be adopted at a public meeting and shall be posted on the Agency's or City's website. After adoption or amendment, the EOPS is to be provided to the county auditor-controller, the State Controller, and the Department of Finance electronically. A draft EOPS is attached for Agency review, which contains the best information available on August 16, 2011. Staff is continuing to review the document to ensure it is as complete and accurate as possible, and may have modifications available for the Agency's review on August 23, 2011. The Agency's approval is required to submit the EOPS to the State by the required due date of August 28, 2011. FISCAL IMPACT: RSG assisted staff in preparing this information due to the extremely short response time allowed by the State. Their cost for this work is included under an existing contract. Respectfully submitted, 47,0e.IA___. o9*2w y Community and Economic Development Director Manager Approval: >!(.G_ :(y. Bets . Adams City Manager ATTACHMENT: Resolution and Draft Enforceable Obligation Payment Schedule dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 AGENCY RESOLUTION NO. A RESOLUTION OF THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY APPROVING AND ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB 1X26 WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), the City Council of the City of Grand Terrace ("City") created the Community Redevelopment Agency of the City of Grand Terrace ("Agency"); and WHEREAS, the Agency has been responsible for implementing the Redevelopment Plan for the Grand Terrace Community Redevelopment Project covering certain properties within the City("Project Area"); and WHEREAS, as part of the 2011-2012 State budget bill, the California State Legislature recently enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, which eliminate every redevelopment agency unless the community that created it adopts an ordinance ("Continuation Ordinance") agreeing to participate in an Alternative Voluntary Redevelopment Program ("Alternate Redevelopment Program") which requires the payment of an annual "community remittance" payment; and WHEREAS, AB 1X 26 also requires redevelopment agencies to adopt, by August 27, 2011, an Enforceable Obligation Payment Schedule ("EOPS") which will serve as the basis for the payment of the Agency's outstanding financial obligations if the City does not adopt an ordinance electing to participate in the Alternate Redevelopment Program and the Agency is dissolved; and WHEREAS, the City held a first reading of the Continuation Ordinance on July 26, 2011 and a second reading on August 9, 2011; and WHEREAS, the California League of Cities and the California Redevelopment Association filed suit in the Supreme Court of the State of California challenging the constitutionality of AB 1X 26 and AB 1X 27; and WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and issued an immediate stay of AB 1X 27 in its entirety and a partial stay of AB 1X 26; and WHEREAS, because AB 1X 27, the statutory scheme which the City and Agency had opted into through the adoption of the Continuation Ordinance, has been stayed, it appears the Agency must adopt an EOPS at this time because although the Court order stayed enforcement of Health and Safety Code Section 34169, the Court order left in place Health and Safety Code Section 34167 which relies upon and makes reference to an adopted EOPS; and roller, the State Controller, and the Department of Finance electronically. A draft EOPS is attached for Agency review, which contains the best information available on August 16, 2011. Staff is continuing to review the document to ensure it is as complete and accurate as possible, and may have modifications available for the Agency's review on August 23, 2011. The Agency's approval is required to submit the EOPS to the State by the required due date of August 28, 2011. Page 2 Agency Resolution 2011- WHEREAS, adoption of the EOPS is important as the Agency may be limited to only making payments for debts and obligations listed on the EOPS during the time the stay is in place. NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Approval of EOPS. The Agency hereby approves and adopts the Enforceable Obligation Payment Schedule, in substantially the form attached hereto as Exhibit A, as required by the recently enacted legislation AB 1X 26. Section 3. Posting: Transmittal to Appropriate Agencies. The Executive Director is hereby authorized and directed to post a copy of the EOPS on the City's website. The Executive Director is further authorized and directed to transmit, by mail or electronic means, to the San Bernardino County Auditor-Controller, the State Controller and the Department of Finance, notification providing the website location of the posted EOPS and other information as required by AB 1X 26. PASSED AND ADOPTED by the Community Redevelopment Agency of the City of Grand Terrace, California at a regular meeting held on the 23rd day of August 2011 by the following vote: ATTEST: Interim Secretary of the Community Chairperson of the Community Redevelopment Agency of the City of Redevelopment Agency of the City of Grand Terrace Grand Terrace Resolution No. 2011- I, Tracey R. Martinez, Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 23rd day of August 2011, by the following vote: take the case and issued an immediate stay of AB 1X 27 in its entirety and a partial stay of AB 1X 26; and WHEREAS, because AB 1X 27, the statutory scheme which the City and Agency had opted into through the adoption of the Continuation Ordinance, has been stayed, it appears the Agency must adopt an EOPS at this time because although the Court order stayed enforcement of Health and Safety Code Section 34169, the Court order left in place Health and Safety Code Section 34167 which relies upon and makes reference to an adopted EOPS; and roller, the State Controller, and the Department of Finance electronically. A draft EOPS is attached for Agency review, which contains the best information available on August 16, 2011. Staff is continuing to review the document to ensure it is as complete and accurate as possible, and may have modifications available for the Agency's review on August 23, 2011. The Agency's approval is required to submit the EOPS to the State by the required due date of August 28, 2011. Page 3 Agency Resolution 2011- AYES: NOES: ABSENT: ABSTAIN: Tracey R. Martinez Interim Agency Secretary Approved as to form: Agency Counsel e.IA___. o9*2w y Community and Economic Development Director Manager Approval: >!(.G_ :(y. Bets . Adams City Manager ATTACHMENT: Resolution and Draft Enforceable Obligation Payment Schedule dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 EXHIBIT A ENFORCEABLE OBLIGATION PAYMENT SCHEDULE ABSENT: ABSTAIN: Tracey R. Martinez Interim Agency Secretary Approved as to form: Agency Counsel e.IA___. o9*2w y Community and Economic Development Director Manager Approval: >!(.G_ :(y. Bets . Adams City Manager ATTACHMENT: Resolution and Draft Enforceable Obligation Payment Schedule dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 N 4 Ol ^ ^ m N N g Y g N lh . N g O ^ . ^ N O g 4 g g O1 N (NV M N N. N N V) ' 19-1 $ § § 1Up HMI 8 § 8 i5O Y N O h N N O 4 t0 i h O ,A t0 Wa 1f�f 4 N 1 N N N $ g U E g U1 _N § ^ pp ffpp 8 8 C S N N 01 0) s So I N ^ ^ co a N N N in Ps 8 p. tR . 4 3 d N N N l i x01�3o � Y E. $ gFP. gEg o A.maR r of E - ^ - . n a chi ui a e u' W .+ ...IN N CI ... LU : S 2 t g o m it a ft VI N N All l Wa) a Ol7C � p E4E1FIF o + P � § I § § § § § Y §o gm a = I xN mNAg : gROgNR O p % ^ON! Ric) MO a. Zi $LL . O m ~ •5� 5� 5� 5� 5� a� Q Q 5� 5� 5� 5� C 0 N rN N j _¢ a chi ' m h � ilS o �S 0 .9 0 S m 25 25 ZS 1 25 ri ?5 25 25 z �5 1 K F iv • p� vS R'i41gMi � o ^'io ^ mggo E J $ fk N �^YY b n ao n N � N co C m r2 O U il! m N co o N Pi fV f� ^ N ONi J �i $l 2a1 ~ N N N g m � at n O a o n I ; E .- og �e i igi > f il ti ' LL c � .� n g a m .c r� n' g .G a �' CC IL C g E e -6 S o , iC b `o __ E s 1 a 3 g' a E $ E . ; i! c iS n c L 2 � d 222 sx gti S g c p a 8 U x G c e 4 28488 c e „ € I °kuoo� r &) d a tgfilqiiigelF - . -4 . . ktiagcn .. 38g1320-. F_ T_ __ . < 2. n.12 PIS! I ggcgau- ., ;,, ois „ -gn0E00goc002 ,-L < E Iiiii d i ' a Ea J,ji!1 - 1 L o ,E V a o e n y a m a _ kg 222 € < x x $ a 8 E � aiaiaiaiaiaiaiin ° m - �' g , o m £ LL ¢ i t.e < EE c a a 4 > > > > > > > > MAc s u4 5a5�� ^0 2 w o m 9 a 'm �' o ' E �d �d r6d� m 0 e ¢s re T ._ ,_ s F i - CM O) O in f0 g" co 0) O ^ N P) Y It) f0 h m 0) O N c7 ♦ 1!) f0 0 N N N N N N N mit the EOPS to the State by the required due date of August 28, 2011. N ' 8� 8 8 SO O § O § O C �' » N O N t § § §. l't i 1 : w =L 0 �/ flX i Cl) ; » 22 Zm ma § s sigtN § k. I "o . Q , 11 01 . 1:1 a O j1 E Z - I- » 0 I VI ak O m $ 4, Q ~ = a O il Q tli t . , _ a x i E 911 iiiN i M :1:1 p x� I. € 10 g .TE ~ = O _ i 6 ° / i iM.!, silt I ilul I iI:I! : E O 'IA 6101 • a a e f Iii F. Ar] Q a lig. ga � � Ynft d ciAM (y : z : N f7 ../N m p m W O - N f7 V N t0 p m O N N N N N N N N N V_ S 0 .9 0 S m 25 25 ZS 1 25 ri ?5 25 25 z �5 1 K F iv • p� vS R'i41gMi � o ^'io ^ mggo E J $ fk N �^YY b n ao n N � N co C m r2 O U il! m N co o N Pi fV f� ^ N ONi J �i $l 2a1 ~ N N N g m � at n O a o n I ; E .- og �e i igi > f il ti ' LL c � .� n g a m .c r� n' g .G a �' CC IL C g E e -6 S o , iC b `o __ E s 1 a 3 g' a E $ E . ; i! c iS n c L 2 � d 222 sx gti S g c p a 8 U x G c e 4 28488 c e „ € I °kuoo� r &) d a tgfilqiiigelF - . -4 . . ktiagcn .. 38g1320-. F_ T_ __ . < 2. n.12 PIS! I ggcgau- ., ;,, ois „ -gn0E00goc002 ,-L < E Iiiii d i ' a Ea J,ji!1 - 1 L o ,E V a o e n y a m a _ kg 222 € < x x $ a 8 E � aiaiaiaiaiaiaiin ° m - �' g , o m £ LL ¢ i t.e < EE c a a 4 > > > > > > > > MAc s u4 5a5�� ^0 2 w o m 9 a 'm �' o ' E �d �d r6d� m 0 e ¢s re T ._ ,_ s F i - CM O) O in f0 g" co 0) O ^ N P) Y It) f0 h m 0) O N c7 ♦ 1!) f0 0 N N N N N N N mit the EOPS to the State by the required due date of August 28, 2011. Woe awndxy Grand Terrace AGENDA REPORT CALH ORUTA MEETING DATE: August 23, 2011 Council Item (X) CRA Item ( ) TITLE: Check Register No. 08-23-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for August 23, 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 trust/agency accounts (fund 23-xxx-) or temporary clearing accounts which do not have budgetary considerations. DISCUSSION: A total of $555,683.45 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. 8/23/2011 FY 10-11 Check Register $348,090.09 8/23/2011 FY 11-12 Check Register $207,593.36 Payroll costs for the period amounted to $60,846.63 and are summarized below. Some of the non-routine items include: 67087 D & E Electrical Repair Main Electrical Panel at City Hall $2,625.27 Contractors COUNCIL AGENDA ITEM NO.3R N co C m r2 O U il! m N co o N Pi fV f� ^ N ONi J �i $l 2a1 ~ N N N g m � at n O a o n I ; E .- og �e i igi > f il ti ' LL c � .� n g a m .c r� n' g .G a �' CC IL C g E e -6 S o , iC b `o __ E s 1 a 3 g' a E $ E . ; i! c iS n c L 2 � d 222 sx gti S g c p a 8 U x G c e 4 28488 c e „ € I °kuoo� r &) d a tgfilqiiigelF - . -4 . . ktiagcn .. 38g1320-. F_ T_ __ . < 2. n.12 PIS! I ggcgau- ., ;,, ois „ -gn0E00goc002 ,-L < E Iiiii d i ' a Ea J,ji!1 - 1 L o ,E V a o e n y a m a _ kg 222 € < x x $ a 8 E � aiaiaiaiaiaiaiin ° m - �' g , o m £ LL ¢ i t.e < EE c a a 4 > > > > > > > > MAc s u4 5a5�� ^0 2 w o m 9 a 'm �' o ' E �d �d r6d� m 0 e ¢s re T ._ ,_ s F i - CM O) O in f0 g" co 0) O ^ N P) Y It) f0 h m 0) O N c7 ♦ 1!) f0 0 N N N N N N N mit the EOPS to the State by the required due date of August 28, 2011. 67091 Steel In The Air Cell Tower Assessment $2,000.00 Inc. 67094 Trophy House A plaque for the Women's Club for the City $246.62 Beautification Project at Barton/Palm 67082 California Joint FY 2011-12 All Risk Property Insurance $6,190.00 Powers 67098 Blue Shield of August COBRA Health Insurance for Katrina $436.13 California Granillo 67099 Blue Shield of August-September COBRA Health Insurance for $2,267.88 California Tracey Martinez & Family Some the larger items include: 67086 City of Colton June Wastewater Treatment Advance (including $98,486.75 May Actual Wastewater Treatment Credit) 67125 Lee & Stires June/July Street Improvements to Michigan/ $216,898.20 Inc. Barton/La Paix 67127 S.B. County "Click it or Ticket" Grant Overtime and $21,991.37 Sheriff FY 2010-11 4th Quarter Invoice 67124 Zions Bank Principal/Interest Refi of 1997 COP $127,423.78 Payroll costs processed for period ending August 8, 2011: Date Period Payroll and payroll costs 8/5/2011 Biweekly $60,846.63 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2010-11 and FY 2011-12. n Electrical Panel at City Hall $2,625.27 Contractors COUNCIL AGENDA ITEM NO.3R N co C m r2 O U il! m N co o N Pi fV f� ^ N ONi J �i $l 2a1 ~ N N N g m � at n O a o n I ; E .- og �e i igi > f il ti ' LL c � .� n g a m .c r� n' g .G a �' CC IL C g E e -6 S o , iC b `o __ E s 1 a 3 g' a E $ E . ; i! c iS n c L 2 � d 222 sx gti S g c p a 8 U x G c e 4 28488 c e „ € I °kuoo� r &) d a tgfilqiiigelF - . -4 . . ktiagcn .. 38g1320-. F_ T_ __ . < 2. n.12 PIS! I ggcgau- ., ;,, ois „ -gn0E00goc002 ,-L < E Iiiii d i ' a Ea J,ji!1 - 1 L o ,E V a o e n y a m a _ kg 222 € < x x $ a 8 E � aiaiaiaiaiaiaiin ° m - �' g , o m £ LL ¢ i t.e < EE c a a 4 > > > > > > > > MAc s u4 5a5�� ^0 2 w o m 9 a 'm �' o ' E �d �d r6d� m 0 e ¢s re T ._ ,_ s F i - CM O) O in f0 g" co 0) O ^ N P) Y It) f0 h m 0) O N c7 ♦ 1!) f0 0 N N N N N N N mit the EOPS to the State by the required due date of August 28, 2011. Respectfully submitted, S4;goi,, Bernie Simon Finance Director Manager Approval: Betsy . Adams City Manager ATTACHMENTS: Check Registers —August 23, 2011 el e.IA___. o9*2w y Community and Economic Development Director Manager Approval: >!(.G_ :(y. Bets . Adams City Manager ATTACHMENT: Resolution and Draft Enforceable Obligation Payment Schedule dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 e- C C) CO t• 0 Uo in I- P 0 o u) M CO N n 0 0 0 0 O N CO O 0 N I- N N 0 0 C) c0 10 t0 CO 0 0 0 0 O O U) O O M (If) co )l) O O co O) CO a 0 0 c'') !") E .- O C) CDCO CV 0 0 '7' O) c!') Y9 0 O co co ' N ' O to cO co e- N � O 0 Q) ' cc; c'. N N N CV- N ci CD a) a) O7 0) asasa a I IO- H I-- I0 0 O- I-- H I-- O— U w w w 0 ca. 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Adams City Manager ATTACHMENT: Resolution and Draft Enforceable Obligation Payment Schedule dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 co J O• a zw cn coco 2 _ 5 w � 50. wwm 2Z a E a z < 2I- DUU cn w U z 3 H Zcr C) ccoZ W ? > pW UZH Opw Z m w w Z 2 m o w w et o w 2 m > I a = 0w Z � � 0LLcc 0 W JU)i) co wJwwawO ia °D Ocnw g01- cnOZ < ,�ya WUwU22wwz _LLV -- Xa .cwz_ V @0c) � w = 02 < 5 — oro6 U) W w � � � W a p N Z to J � fn U V cn O () W < � W W V) m � } W2w < W < 4( arpwNas mWp5gWce zwa6WcnE � J � HYUUUV w � F- � H �yF. liopZ > JF- � JaU IQ2w OwLLOaoo � wQre0 � w4amDaw ¢ ow O cn W Ct 2 5- 2 O Z cn < U p C4 2 a ? 2 H F- u_ S p u. U > � O O N �O in O C) O N C�) .- O T. 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U U a' o a, au a E ci) b a U a) � a) a) O ,4 - cd U N a) .-., ¢ a) U • U 0 4i � •° o E Q ;_, o a) > -d w o a, `o a • • a. a� E dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 m J oaX z co z cnz 2 g III O < w - w w m � z w a. 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W J 2 - w ce m tr Z O O cc dq� FF- z » owQo0ew = Q ° 5X - wa2 O D U U it U m a U cc C9 L_ U 2 A re U a cn a U x w a w dcl pp p pp Z• O N N o GO N N CO u, N OO) N Om O� M O U) M p�p NO p�p Li Ion cos M M Q d col- col- O OD 00 GD OD m G t- Z g 0 Y 0 K = ? j m -) U Z W m C w H_ z LL w 2 p a 0 0 p z m m Z LU 2 O a w LL Z a o w m a p a a 0 w w w w w own a Z > a } Wp0 > Q � > pctjt] fpmZ uj3 z Cr a w m pZ cn - ZLLwDa LU z Qm � mZ LL � owfyai0 LLOZO I- Nm - Q 2 H w C LL0 =ZUJx WwZJz - pam O 45 Z 2LNDQ 1- nwD g W Q w O t t• wwccYN01- L. 11m � 2aW Ws- 9 r1- a > 0s 0i � u_ imC) 00 . a. aQ 0 U)) 00 d _ Z O Cl M 1A CO 1� O 0 N N CO COV' Is CN7 Cr) N 0 LL. N LC) O 0 > u- 0 } C/) I- 0 Y U O 0_ _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 23, 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 August 23, 2011 at 6:30 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tem Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Tracey Martinez, Interim City Clerk Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriff's Department Lt. Steve Dorsey, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened at 6:30 p.m. with an Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Interim City Clerk Tracey Martinez. ITEMS TO DELETE None SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month Darwin Enterprises was recognized as the Grand Terrace Area Chamber of Commerce Business of the Month B. Certificate of Recognition - Burt's Jewelry and Repair Chosen as "Business of the Year" in the Inland Empire by Senator Robert Dutton and a Certificate of Recognition presented by Robbie Broedow, District Representative COUNCIL AGENDA ITEM NO.3G dcl pp p pp Z• O N N o GO N N CO u, N OO) N Om O� M O U) M p�p NO p�p Li Ion cos M M Q d col- col- O OD 00 GD OD m G t- Z g 0 Y 0 K = ? j m -) U Z W m C w H_ z LL w 2 p a 0 0 p z m m Z LU 2 O a w LL Z a o w m a p a a 0 w w w w w own a Z > a } Wp0 > Q � > pctjt] fpmZ uj3 z Cr a w m pZ cn - ZLLwDa LU z Qm � mZ LL � owfyai0 LLOZO I- Nm - Q 2 H w C LL0 =ZUJx WwZJz - pam O 45 Z 2LNDQ 1- nwD g W Q w O t t• wwccYN01- L. 11m � 2aW Ws- 9 r1- a > 0s 0i � u_ imC) 00 . a. aQ 0 U)) 00 d _ Z O Cl M 1A CO 1� O 0 N N CO COV' Is CN7 Cr) N 0 LL. N LC) O 0 > u- 0 } C/) I- 0 Y U O 0_ _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Council Minutes 08/23/2011 Page 2 The City Council presented Burt's Jewelry and Repair with a Certificate of Recognition for being chosen as one of six businesses that was named "Business of the Year" in the Inland Empire by Senator Robert Dutton. Robbie Broedow, District Representative of Senator Robert Dutton presented Burt's Jewelry and Repair with the Certificate naming them "Business of the Year" on his behalf. C. Sheriffs Department Crime-mapping and Notification Overview Sgt. Ed Finneran, San Bernardino County Sheriffs Department, gave an overview of the Crime-mapping and Notification system that residents can subscribe to in order to receive crime alert notifications and updates in an area that they choose. Information regarding the system is available on the Sheriff's Department website as well as the Grand Terrace City Website and Channel 3. CONSENT CALENDAR CC-2011-74 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to approve the following Consent Calendar Items: 3A. Approve Check Register No. 08-23-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 08-09-2011, 08-11-2011 and 08-15-2011 Minutes 3D. Acceptance of Right-of-way Dedication from Monte Vista Assets, Inc. a California Corporation for Property Located at 12559 Michigan Street, also known as 1167-271-10 3E. Memorandum of Understanding (MOU), C11223, by and Between San Bernardino Associated Governments(SANBAG)and the County of San Bernardino and Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland,Yucaipa and the State of California Department of Transportation for San Bernardino Valley Coordinated Traffic Signal Timing System Program Tiers 1, 2, 3, & 4 3F. Interim City Clerk Agreement PUBLIC COMMENT Deborah Seuylemezian, announced that as part of the Lion's Governor's Service Project, the Grand Terrace Lion's Club has been challenged to plant 100 trees in fpmZ uj3 z Cr a w m pZ cn - ZLLwDa LU z Qm � mZ LL � owfyai0 LLOZO I- Nm - Q 2 H w C LL0 =ZUJx WwZJz - pam O 45 Z 2LNDQ 1- nwD g W Q w O t t• wwccYN01- L. 11m � 2aW Ws- 9 r1- a > 0s 0i � u_ imC) 00 . a. aQ 0 U)) 00 d _ Z O Cl M 1A CO 1� O 0 N N CO COV' Is CN7 Cr) N 0 LL. N LC) O 0 > u- 0 } C/) I- 0 Y U O 0_ _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Council Minutes 08/23/2011 Page 3 the community prior to March 1, 2012. She encouraged the City provide a list of needs for trees that they may have. She will also be asking for a list of needs from the School District and the Senior Center. COUNCIL REPORTS Councilmember Bernardo Sandoval, expressed his excitement over the new Stater Bros. Market. He felt that it was important to acknowledge the people of the past that made this store happen. He thanked former City Manager, Tom Schwab, former Mayor, Maryetta Ferre and current Mayor Pro Tem Lee Ann Garcia for all of their efforts in facing the challenges that came up over the years with the building of the store. He thanked Staff for all of their solutions that they came up with to see that this project was completed. He expressed his disappointment with the recent theft at the construction site of the Grand Terrace High School. The School Board is holding the Security Company accountable. There will be a delay on the completion of the project but not the start date for students. Councilmember Gene Hays, stated that the City of Grand Terrace is clean and thanked the staff for their efforts on making it look nice. Councilmember Darcy McNaboe, stated that she is looking forward to the grand opening of the new Stater Bros. Market. It is going to be a wonderful store to shop in. They will have so many things that normally could not be found in town. She is also pleased that Chase Bank will be located in the store. She thanked staff for the efforts that were made in making the Council Agenda and Packet easily navigated and searchable. The complaints that she has received in the past have been satisfied. Mayor Pro Tem Lee Ann Garcia, appreciates the residents of Grand Terrace and their commitment to the Community. She announced that the Lion's Club Pot 0 Gold event will be held on November 12, 2011. $20,000.00 will be the grand prize. She encouraged everyone to support the local Lion's Club. She expressed her excitement with the opening of the new Stater Bros. Market. She announced that the Chase Bank is offering specials to those who open up a new account. She reported that she met Valerie, from the San Bernardino Symphony, who indicated that they have grant money for after school programs for children, etc. and those who are interested should contact her. She welcomed back Interim City Clerk, Tracey Martinez. She announced that the Sheriff's Department is always on the leading edge of doing things and there will be something new and exciting coming out. Stater Bros. Market will be giving the Grand Terrace Friends of the Library a donation at their grand opening celebration. Mayor Walt Stanckiewitz, also expressed his excitement with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Council Minutes 08/23/2011 Page 4 Market. He feels that it is a beautiful store and is proud that it is in Grand Terrace. He reported that he attended the Colton Joint Unified School District Board meeting last Thursday and Laura Morales, a Grand Terrace resident, was sworn in. Jamie Ayala did a presentation on the budget that the School District is dealing with. He stated that the District has three fiscal crisis that they are dealing with. They have a negative cash flow, the fund balance is being depleted and spiraling debt. They are spending more money than is coming in. Staff and the Board have a lot of work to do. He announced that Jack Brown's mother, Rose Brown, passed away and he will be adjourning the meeting in her memory. PUBLIC HEARINGS - None UNFINISHED BUSINESS 7A. Update on Law Enforcement Savings CC-2011-75 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 5-0, to restore the funding for the Patrol Deputy position, currently half funded in the Fiscal Year 2011/12 operating budget, bring back Schedule A for Council Approval, cancel the August 30, 2011 work shop that was scheduled to discuss Law Enforcement and place the cancellation on the website. NEW BUSINESS 8A. General Fund Budget Request for the Code Enforcement Program CC-2011-76 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 5-0, to approve the appropriation of$4,557.00 from the General Fund to an expenditure account identified by the Finance Director for FY 2011-12 non-personnel expenses for the Code Enforcement Program. 8B. Purchase of Property in the 21900 Block of Gand Terrace Road for$595,000 with State Grant Funds to Develop a New Park Rita Schwark, expressed her concern with the amount of money that is being proposed to pay for the property. She feels that the sign that was placed on the corner of Mt. Vernon was a waste of money. CC-2011-77 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to approve the following: e Bank is offering specials to those who open up a new account. She reported that she met Valerie, from the San Bernardino Symphony, who indicated that they have grant money for after school programs for children, etc. and those who are interested should contact her. She welcomed back Interim City Clerk, Tracey Martinez. She announced that the Sheriff's Department is always on the leading edge of doing things and there will be something new and exciting coming out. Stater Bros. Market will be giving the Grand Terrace Friends of the Library a donation at their grand opening celebration. Mayor Walt Stanckiewitz, also expressed his excitement with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Council Minutes 08/23/2011 Page 5 Approve a Purchase and Sale Agreement and Escrow Instructions for the acquisition of APN's 0275-231-48 through 66 for signature by the Mayor; Request an acquisition advance from the State Department of Parks and Recreation to fund the acquisition and associated costs and authorize the Finance Director to appropriate the funds necessary; Authorize the City Manager to execute all documents required to complete the City's due diligence and the acquisition; and Accept the donation of$15,000 for park maintenance from the seller of the property and authorize the Finance Director to establish an account reserving these finds for maintenance of the park after completion. 8C. Request for Owner Participation Statements of Interest CC-2011-78 MOTION BY MAYOR PRO TEM GARCIA, SECOND BYCOUNCILMEMBER SANDOVAL, CARRIED 5-0,to direct staff to notify the affected parties of the proposed project area, which is the area directly east of the 1-215, generally between Commerce Way and Pico Street, of their opportunity to submit a Statement of Interest per the adopted Rules of Participation under the Redevelopment Plan. CLOSED SESSION 9A. Public Employment - City Attorney - Pursuant to GC54957 9B. Conference with Legal Counsel - Potential Litigation Pursuant to GC54956.9(b) - One Case Mayor Stanckiewitz announced that the Council met in Closed Session to discuss Public Employment - City Attorney, pursuant to GC54957 and held a conference with Legal Counsel regarding potential litigation - one case, per GC54956.9 (b) and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 9:00 p.m. in memory of Rose Brown, Jack Brown's mother, until the next City Council Meeting which is scheduled to be held on Tuesday, September 13, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace , SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to approve the following: e Bank is offering specials to those who open up a new account. She reported that she met Valerie, from the San Bernardino Symphony, who indicated that they have grant money for after school programs for children, etc. and those who are interested should contact her. She welcomed back Interim City Clerk, Tracey Martinez. She announced that the Sheriff's Department is always on the leading edge of doing things and there will be something new and exciting coming out. Stater Bros. Market will be giving the Grand Terrace Friends of the Library a donation at their grand opening celebration. Mayor Walt Stanckiewitz, also expressed his excitement with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO The Blut Noantaio City GrCALandI TerraceFORNIA ., AGENDA REPORT MEETING DATE: August 23, 2011 Council Item (X) CRA Item ( ) TITLE: Acceptance of right-of-way dedication from Monte Vista Assets Inc., a California Corporation for property located at 12559 Michigan Street, also known as 1167-271-10. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: 1. Accept the attached Grant Deed dedicating land for public road improvements as shown in Exhibit "A" and "B", also known as APN 1167-271-10. 2. Direct the City Clerk to record the Grant Deed and Exhibits after the Mayor has signed the Grant Deed. BACKGROUND: The property located at 12559 Michigan Street has been purchased by Monte Vista Assets Inc. At the request of City Staff, the new property owner has agreed to dedicate eleven (11) feet of right-of-way to the City for future street improvements. DISCUSSION: A Grant Deed prepared by City Staff and dedication documents prepared by the City Engineer are attached and indentified as Exhibit "A" and "B". The attached Grant Deed has been signed by Monte Vista Assets Inc., a California Corporation granting the right- of-way to the City of Grand Terrace for the purpose of street improvements on Michigan Street. Staff recommends that the City Council accept the dedication of right-of-way to be used for future street improvements on Michigan Street. FISCAL IMPACT: Preparation of the right-of-way exhibits totals $1000, plus Staffs time to prepare the staff report for City Council approval and recordation of the documents with the San Bernardino County Recorder's Office. COUNCIL AGENDA ITEM NO.31) hich is scheduled to be held on Tuesday, September 13, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace , SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to approve the following: e Bank is offering specials to those who open up a new account. She reported that she met Valerie, from the San Bernardino Symphony, who indicated that they have grant money for after school programs for children, etc. and those who are interested should contact her. She welcomed back Interim City Clerk, Tracey Martinez. She announced that the Sheriff's Department is always on the leading edge of doing things and there will be something new and exciting coming out. Stater Bros. Market will be giving the Grand Terrace Friends of the Library a donation at their grand opening celebration. Mayor Walt Stanckiewitz, also expressed his excitement with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Respectfully submitted, t„:" 4/.. A Ri and hield Director of Building and Safety/Public Works Manager Approval: JOY Bets A dams City Manager ATTACHMENTS: Exhibit"A" and "B" Grant Deed Notarization forms 4i � •° o E Q ;_, o a) > -d w o a, `o a • • a. a� E dated August 16, 2011 (Exhibit A to the Resolution) il the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 13, 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 WHEN RECORDED MAIL TO: City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313 SPACE ABOVE Tills LINE FOR RECORDERS USE APN:1167-271-10 (No Recording fee per Sec.6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Monte Vista Assets Inc., a California Corporation, does hereby GRANT to the City of Grand Terrace, a Municipal Corporation for Public Streets and Public Utility Purposes the real property in the City of Grand Terrace County of San Bernardino, State of California,described as follows: Exhibits "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Signatu f Granto ,Monte Vista Assets,Inc. 7 - 13 - ► 1 St yen W. Landis,President Signature and Date DATED: CITY OF GRAND TERRACE *A 1-1'EST: By Brenda Mesa, City Clerk Mayor, City of Grand Terrace City of Grand Terrace State of California ) County of San Bernardino )ss. City of Grand Terrace ) On ,before me,Brenda Mesa,a Notary Public in and for said State,personally appeared , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of th State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal staff report for City Council approval and recordation of the documents with the San Bernardino County Recorder's Office. COUNCIL AGENDA ITEM NO.31) hich is scheduled to be held on Tuesday, September 13, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace , SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to approve the following: e Bank is offering specials to those who open up a new account. She reported that she met Valerie, from the San Bernardino Symphony, who indicated that they have grant money for after school programs for children, etc. and those who are interested should contact her. She welcomed back Interim City Clerk, Tracey Martinez. She announced that the Sheriff's Department is always on the leading edge of doing things and there will be something new and exciting coming out. Stater Bros. Market will be giving the Grand Terrace Friends of the Library a donation at their grand opening celebration. Mayor Walt Stanckiewitz, also expressed his excitement with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 (C State of California j I, County of 5S'Yl j2.e Gte,'-O , On 7 -/3 -// before me, 6 C•er\ �.-r)c) -SCc� I\1 Q4-a� eu. - C-d , Date Here Insert Name a Title of the Offi r • personally appeared - b`(---Y1 CJ . 1.—Q n d,•S Name(s)of Signer(s) ); who proved to me on the basis of satisfactory evidence to be the person($}-whose name(s)-is/aFe- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies , and that by - his/herftheir signatures} on the instrument the ��Y Can dM 11133121 `L elolrtt helve-CtM�reM person($ or the entity upon behalf of which the •• \= *./ $ Nrwisn cwegr persons)-acted, executed the instrument. 1/4 I certify under PENALTY OF PERJURY under the i laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. % Signature: eta--)idit >: Place Notary Seal Above Signature of Notary Public .` i OPTIONAL i, Though the information below is not required by law, it may prove valuable to persons relying on the document • and could prevent fraudulent removal and reattachment of this form to another document. • Description of Attached Document • Title or Type of Document: 6-(a= -A 2 • Document Date• '7-/3-// Number of Pages. .J i. Signer(s) Other Than Named Above. '` Capacity(ies) Claimed by Signer(s) i,. Signer's Name: SA.tr/ti--'-r J .01--ri06-o Signer's Name. ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): r. K.-Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT , OF SIGNER OF SIGNER ❑ Partner —❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here • ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee �: ❑Trustee s • ❑ Guardian or Conservator = ❑Guardian or Conservator n • ❑ Other: k< '1 `#> ❑Other• ,• Signer Is Representing --i-, - Signer Is Representing: = _ a _ - ._,S ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO EXHIBIT "A" Legal Description for Street Widening APN 1167-271-10 The Westerly 11.00 feet of The southerly 77.50 feet of the northerly 387.50 feet of Lot 36, East Riverside Land Company Subdivision, in the City of Grand Terrace, County of San Bernardino, State of California, as per plat recorded in Book 6 of Maps, Page 44, records of said county. Contains 852.5 square feet, more or less As shown on Exhibit "B"attached hereto and by this reference made a part hereof The intent of this legal description is to dedicate for street widening purposes the westerly 11.00 feet of the land described in that certain document recorded April 26, 2011 as Instrument No. 2011-0165621 of Official Records of San Bernardino County. Prepared under my supervision: ,y\p o• K,1, F -- Cr Ls.5301 C. sr> ' 29 -1 ► David O. Knell PLS 5301 Date % / $ Nrwisn cwegr persons)-acted, executed the instrument. 1/4 I certify under PENALTY OF PERJURY under the i laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. % Signature: eta--)idit >: Place Notary Seal Above Signature of Notary Public .` i OPTIONAL i, Though the information below is not required by law, it may prove valuable to persons relying on the document • and could prevent fraudulent removal and reattachment of this form to another document. • Description of Attached Document • Title or Type of Document: 6-(a= -A 2 • Document Date• '7-/3-// Number of Pages. .J i. Signer(s) Other Than Named Above. '` Capacity(ies) Claimed by Signer(s) i,. Signer's Name: SA.tr/ti--'-r J .01--ri06-o Signer's Name. ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): r. K.-Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT , OF SIGNER OF SIGNER ❑ Partner —❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here • ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee �: ❑Trustee s • ❑ Guardian or Conservator = ❑Guardian or Conservator n • ❑ Other: k< '1 `#> ❑Other• ,• Signer Is Representing --i-, - Signer Is Representing: = _ a _ - ._,S ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO EXHIBIT B � VAN BUREN STREET WUJ H ZI Q I = I C) I 33' 1167-271-10 2 ( 12559 MICHIGAN STREET 1 1' GRAND TERRACE, CA 92313 / 0 // I co oI H4' cD CD (21 z w I Q I 0 AREA TO BE 0 j DEDICATED CC 0 0 Z Q WI LLDAN I ,191 CROSSROADS PARKWAY NORTH,SUITE 405 INDUSTTy CA fSCALE. 1"=60' DATE. 06/28/2011 SKETCH TO ACCOMPANY (562)Engineeiing 13497 908-6247 DRAWN BY' SCB CHECKED BY DOK LEGAL DESCRIPTION uted the instrument. 1/4 I certify under PENALTY OF PERJURY under the i laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. % Signature: eta--)idit >: Place Notary Seal Above Signature of Notary Public .` i OPTIONAL i, Though the information below is not required by law, it may prove valuable to persons relying on the document • and could prevent fraudulent removal and reattachment of this form to another document. • Description of Attached Document • Title or Type of Document: 6-(a= -A 2 • Document Date• '7-/3-// Number of Pages. .J i. Signer(s) Other Than Named Above. '` Capacity(ies) Claimed by Signer(s) i,. Signer's Name: SA.tr/ti--'-r J .01--ri06-o Signer's Name. ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): r. K.-Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT , OF SIGNER OF SIGNER ❑ Partner —❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here • ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee �: ❑Trustee s • ❑ Guardian or Conservator = ❑Guardian or Conservator n • ❑ Other: k< '1 `#> ❑Other• ,• Signer Is Representing --i-, - Signer Is Representing: = _ a _ - ._,S ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO The hlue%Villain(ID GrandFORNIA Terrace AGENDA REPORT CALI MEETING DATE: August 23, 2011 Council Item (X) CRA Item ( ) TITLE: Memorandum of Understanding (MOU), C11223, by and between San Bernardino Associated Governments (SANBAG) and the County of San Bernardino and Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Yucaipa and the State of California Department of Transportation for San Bernardino Valley Coordinated Traffic Signal Timing System Program Tiers 1, 2, 3 &4. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: 1. Approve attached MOU between SANBAG, the State of California Department of Transportation and Grand Terrace for the Barton Road synchronized traffic signals known as Tier 2. 2. Direct Staff to sign the attached contract with Republic Intelligent Transportation Service for $390 per month to monitor the synchronized signals on Barton Road. BACKGROUND: On September 1, 1999 the SANBAG Board approved development of the San Bernardino Valley Coordinated Traffic Signal System Tiers 1, 2, 3 & 4 to be implemented over a 10-year period. SANBAG has implemented Tiers 1 and 2 and are currently in the process of completing Tiers 3 and 4. Once completed 1,330 signals will be upgraded throughout the Inland Empire cities. Staff has worked with the SANBAG consultants to install the synchronized signals that have been in operation for over a year in Grand Terrace. Tier 2, signal synchronization has been completed for Barton Road from the Michigan Street signal continuing east to the Honey Hill intersection. COUNCIL AGENDA ITEM NO. JG RIGHT THUMBPRINT , OF SIGNER OF SIGNER ❑ Partner —❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here • ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee �: ❑Trustee s • ❑ Guardian or Conservator = ❑Guardian or Conservator n • ❑ Other: k< '1 `#> ❑Other• ,• Signer Is Representing --i-, - Signer Is Representing: = _ a _ - ._,S ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 with the new Stater Bros. _i w U U U o _1 0 Z U) O C.) Li_ Q CC O � 0 0 CO 0) C.) Q FH- O w a U cc H cc Z 0 0_ ct U) Z 0 ct > W W 0 H CC W CL I- O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO The new traffic signal on Barton Road at the entrance to Town Square will also be included in the Tier 2 synchronization system. DISCUSSION: The design and construction of the traffic signals communications system and development and implementation of synchronization timing plans were the first steps in the continual operation of the system. To ensure that the system continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish this goal, an MOU has been established by SANBAG. Each City is being asked to sign the MOU. The MOU sets forth regulations and responsibilities for each agency to follow. SANBAG's consultant under the original MOU has been overseeing the signal monitoring, training and repairs for the Tier 1 and 2 systems. The proposed MOU transfers minor repairs, regular maintenance and monitoring to the City. SANBAG will retain the services of a consultant to provide more elaborate maintenance and timing services that the Cities cannot provide on their own. This service is to ensure the proper functioning of the system. The extra service requests above the City's expertise will be provided upon written request from the City. Republic Intelligent Transportation Services is the City's signal maintenance consultant and has provided a monthly quote for the new service. The additional cost associated with this service change is $390 per month for the six (6) signaled intersections totaling $4,680 for the year. Staff also obtained a quote from SANBAG's consulting firm Albert Grover and Associates. The quote was $600 per month or $7,200 for the year. See Exhibit "A" and "B". Staff is recommending the City Council approve the attached MOU, Exhibit "C" and direct the Mayor to sign the MOU. Staff also recommends that the City Council direct Staff to sign the attached agreement from Republic to monitor the signals on Barton Road. FISCAL IMPACT: Traffic Signal Account No.16-510-255 in the 2011-2012 budget appropriated $15,000 for signal maintenance. The City's traffic signal costs for fiscal year 2010-2011 totaled $8,512 with $6,488 remaining at the end of the fiscal year. The $8,512 includes $3,100 in emergency call outs on the signals. The costs to monitor the signals including the new signal at Barton Road at Town Square will increase to $8,500 for the year without emergency callouts. The reason for the increase is additional monitoring and testing of the existing signals that are required by JPIA and not a part of the proposed MOU. Staff is assuming there will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO assumed $11,600 signal maintenance costs may bring the total costs to $16,292 if standard emergency calls outs are charged. If necessary, Staff will request additional funds be transferred at mid-year budget or transfer unused funds in other accounts to pay the additional $1,292 costs over the appropriated budget of $15,000. The traffic signal account will be increased in fiscal year 2012-2013, for the appropriate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace { s---- Exhibit "A" Republic ITS Intelligent Transportation Services i June 8,2011 Mr.Richard Shields City of Grand Terrace 22795 Barton Road Grand Terrace,Ca.92313-5295 Job Name: Assist with Quicnet Maintenance and Repairs Job Location: (6)VARIOUS LOCATIONS AS DIRECTED BY CITY Dear Mr.Shields: We offer to perform the following work, on the terms and conditions stated below, at the prices shown, as follows: Perform a monthly maintenance check on the City's quicNet system to verify that all interconnected signals(6) are communicating properly. In addition we will provide on call services for the repairs,field trouble shooting and assistance when needed with your QuicNet traffic system. All Service calls would be billed port to port Any needed materials supplied by Republic ITS will be billed cost+ 15%. Any major repairs if found would be notified to the City for prior authorization. Monthly maintenance fee $390.00 per month(includes 6 Intersections)* Service Call Fee's Traffic Signal Tech Rate $ 74.81 per hr. Service Vehicle $ 25.98 per hr. Materials Cost +15% NOTE:*Additional Intersection would be billed$65.00 per Intersection for maintenance. ANY REQUIRED OVER TIME WORK WOULD BE BILLED AT OVER TIME RATES This offer shall expire 90 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms,conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided. The foregoing offer is hereby accepted this day of ,2011. CITY OF GRAND TERRACE REPUBLIC ITS direct the Mayor to sign the MOU. Staff also recommends that the City Council direct Staff to sign the attached agreement from Republic to monitor the signals on Barton Road. FISCAL IMPACT: Traffic Signal Account No.16-510-255 in the 2011-2012 budget appropriated $15,000 for signal maintenance. The City's traffic signal costs for fiscal year 2010-2011 totaled $8,512 with $6,488 remaining at the end of the fiscal year. The $8,512 includes $3,100 in emergency call outs on the signals. The costs to monitor the signals including the new signal at Barton Road at Town Square will increase to $8,500 for the year without emergency callouts. The reason for the increase is additional monitoring and testing of the existing signals that are required by JPIA and not a part of the proposed MOU. Staff is assuming there will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Jill Petrie By: Jill Petrie Title: Project Manager ROST(1N • DALLAS • LOS ANGELES • SACRAMENT() • SAN DIEGO • SAN FRANCISCO nal funds be transferred at mid-year budget or transfer unused funds in other accounts to pay the additional $1,292 costs over the appropriated budget of $15,000. The traffic signal account will be increased in fiscal year 2012-2013, for the appropriate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace Exhibit "B" ALBERT DROVER & A SOCIATES August 4,2011 Mr. Richard Shields Director of Building and Safety/Public Works City of Grand Terrace 22795 Barton Road, Suite B Grand Terrace, California 92313-5295 RE: Proposal for Traffic Signal System Monitoring Dear Richard: Pursuant to your request, Albert Grover& Associates (AGA) is pleased to present to you this letter proposal to provide traffic signal system monitoring services to the City of Grand Terrace. As you know, AGA had been under contract with SANBAG to monitor the coordination timing of all Tier 1 & Tier 2 signals. In the City of Grand Terrace, this includes signalized intersections along the Barton Road Corridor. This corridor currently includes six signalized intersections,as follow: • Grand Terrace Road • Preston Street • Mount Vernon Avenue • Canal Street • Town Square(recently constructed) • Michigan Avenue For a minimum monthly fee of$600 per month ($100 per intersection per month), AGA will monitor the Barton Road signal system via the City's new QuicNet Pro Central System and conduct field reviews as required. It is important to note that while traffic signal interconnect and integration with the City's QuicNet System allows for remote monitoring, it is also important to review signal operation via field visits. Minor signal timing adjustments,primarily related to existing signal coordination splits or offset changes,will be accomplished via remote login of the system. Additional signal timing related items, either identified by the City staff or AGA, or in response to complaints received by the City,that require a more detailed follow-up action by AGA will be conducted on a Time and Materials basis, in accordance with AGA's TRANSPORTATION CONSULTING ENGINEERS 211 E.Imperial Hwy.,Suite 208,Fullerton,CA 92835 (714)992-2990 FAX(714)992-2883 E-Mail: aga®albertgrover.com n Barton Road. FISCAL IMPACT: Traffic Signal Account No.16-510-255 in the 2011-2012 budget appropriated $15,000 for signal maintenance. The City's traffic signal costs for fiscal year 2010-2011 totaled $8,512 with $6,488 remaining at the end of the fiscal year. The $8,512 includes $3,100 in emergency call outs on the signals. The costs to monitor the signals including the new signal at Barton Road at Town Square will increase to $8,500 for the year without emergency callouts. The reason for the increase is additional monitoring and testing of the existing signals that are required by JPIA and not a part of the proposed MOU. Staff is assuming there will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Mr. Richard Shields August 4,2011 Page 2 current Schedule of Hourly Rates (attached). It is anticipated that most of these follow-up actions would be conducted by AGA's Signal System Specialists. AGA will respond to specific requests as quickly as possible, usually within two to three days. It is suggested that the City allocate a total of$15,000 per year for the signal timing related services: $7,200 for the regular monitoring described above, and $7,800 for additional services (or additional intersections added to the system) on an as-needed basis. This additional $7,800 would only be utilized pursuant to City requests for additional services outside of the regular monitoring. Please let me know if you have any questions or to further discuss our proposed scope of services. Thank you. Respectfully submitted, ALBERT GROVER& ASSOCIATES Rob Kuehn Director of Project Development Attachments: AGA's Schedule of Hourly Rates Proposals\Grand Terrace\Signal System Monitoring 2011 Shields Pro Ltr doc 0 per month ($100 per intersection per month), AGA will monitor the Barton Road signal system via the City's new QuicNet Pro Central System and conduct field reviews as required. It is important to note that while traffic signal interconnect and integration with the City's QuicNet System allows for remote monitoring, it is also important to review signal operation via field visits. Minor signal timing adjustments,primarily related to existing signal coordination splits or offset changes,will be accomplished via remote login of the system. Additional signal timing related items, either identified by the City staff or AGA, or in response to complaints received by the City,that require a more detailed follow-up action by AGA will be conducted on a Time and Materials basis, in accordance with AGA's TRANSPORTATION CONSULTING ENGINEERS 211 E.Imperial Hwy.,Suite 208,Fullerton,CA 92835 (714)992-2990 FAX(714)992-2883 E-Mail: aga®albertgrover.com n Barton Road. FISCAL IMPACT: Traffic Signal Account No.16-510-255 in the 2011-2012 budget appropriated $15,000 for signal maintenance. The City's traffic signal costs for fiscal year 2010-2011 totaled $8,512 with $6,488 remaining at the end of the fiscal year. The $8,512 includes $3,100 in emergency call outs on the signals. The costs to monitor the signals including the new signal at Barton Road at Town Square will increase to $8,500 for the year without emergency callouts. The reason for the increase is additional monitoring and testing of the existing signals that are required by JPIA and not a part of the proposed MOU. Staff is assuming there will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Exhibit "C" Governments SAN BAG Working Together SAN BERNARDINO ASSOCIATED GOVERNMENTS San Bernardino Valley Coordinated Traffic Signal System To Whom It May Concern: MEMORANDUM OF UNDERSTANDING This is a "Memorandum of Understanding" (MOU) between the San Bernardino Associated Governments (SANBAG) and the [Cities of /County of San Bernardino/Caltrans] covering the operation of coordinated traffic signals along certain key arterial routes in the San Bernardino Valley as shown on "Exhibit A." It constitutes solely a guide to the intentions and policies of the parties involved. It is not intended to authorize funding or project effort. SANBAG and its member agencies have concluded that the coordination of traffic signals across jurisdictional boundaries is one critical component of improving traffic operations and air quality in the San Bernardino Valley. Towards this end, SANBAG has prepared the San Bernardino Valley Coordinated Traffic Signal System Plan Final Report, a document which presents a blueprint for designing, constructing, and operating a Valley-wide coordinated signal system. The attached "Exhibit A" graphically depicts the proposed overall coordinated arterial network. Design and construction of the necessary traffic signal interconnect, and development and implementation of coordination signal timing plans, are the first steps in the eventual operation of the system. However, to ensure that the system, once designed and constructed, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals,the following have been identified: 1. Signal timing plans for those coordinated arterials identified in "Exhibit A" have been and/or will be developed and implemented by SANBAG(or their consultant) after review and approval by the respective agencies. Any subsequent changes to those signal timing plans proposed by any of the parties shall be agreed upon in writing by all parties, such as City Traffic Engineer or City Engineer, affected by the changes. 2. All parties shall maintain a common time source (either a WWV or GPS clock time, or other highly accurate time source) at the appropriate field master traffic signal controller or control center for its signals along arterials identified in "Exhibit A" and shall resynchronize the system clock time at 12:00 midnight each day. The time source either already exists or will be provided by SANBAG as part of the construction phase. re will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 3. Any party wishing to add existing signalized intersections or newly signalized intersections to the coordinated signal system, shall be responsible for providing compatible signal control equipment, including appropriate signal interconnect. Modifications and/or additions to the coordination signal timing plans for those additional intersections shall be agreed to in writing by all affected parties. 4. SANBAG has contracted with a traffic engineering consultant(s)to maintain and monitor the designated signal timing plans. The consultant is authorized to act in SANBAG's behalf(and above-mentioned San Bernardino Valley agencies) relative to any proposed signal timing modifications, additions, etc. Sincerely, Deborah Barmack Executive Director I CONCUR: City of Signature Printed Name Title Date Projects\SANBAG\Tier I&2 Memo of Understanding.doc has prepared the San Bernardino Valley Coordinated Traffic Signal System Plan Final Report, a document which presents a blueprint for designing, constructing, and operating a Valley-wide coordinated signal system. The attached "Exhibit A" graphically depicts the proposed overall coordinated arterial network. Design and construction of the necessary traffic signal interconnect, and development and implementation of coordination signal timing plans, are the first steps in the eventual operation of the system. However, to ensure that the system, once designed and constructed, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals,the following have been identified: 1. Signal timing plans for those coordinated arterials identified in "Exhibit A" have been and/or will be developed and implemented by SANBAG(or their consultant) after review and approval by the respective agencies. Any subsequent changes to those signal timing plans proposed by any of the parties shall be agreed upon in writing by all parties, such as City Traffic Engineer or City Engineer, affected by the changes. 2. All parties shall maintain a common time source (either a WWV or GPS clock time, or other highly accurate time source) at the appropriate field master traffic signal controller or control center for its signals along arterials identified in "Exhibit A" and shall resynchronize the system clock time at 12:00 midnight each day. The time source either already exists or will be provided by SANBAG as part of the construction phase. re will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO p I 1co . = o 1 4t ' 2 p ° IT z .I-It _ o L7 2 �� z*z i~ - '1:-1 I '' J �, t . i (42 I" ,,,,_.,. d'4414,14 ri,-.7 tiii, e , .., , 1 z 0 u j Jill Ci o ., o a ag �� .- L. N m Co :® i , 1 13 z C CD :: ~ } ujuj p 'tOMR J e- N Q °o 0 am m z 1- 1= = CI) W z H a re CO _ V s- t Ili 0 1 r _ p, AV � r-� , ,,,A _ �) _ 1 4 .w ----.A% 1/4/. .t,14. . to r.. -L, _ 1 ..„,...-„,.......„:„.4.74 y S) oc7 9 f.fit 4 Y H\ _,. ^� " To / r , ?J Z +" j2 ey-wide coordinated signal system. The attached "Exhibit A" graphically depicts the proposed overall coordinated arterial network. Design and construction of the necessary traffic signal interconnect, and development and implementation of coordination signal timing plans, are the first steps in the eventual operation of the system. However, to ensure that the system, once designed and constructed, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals,the following have been identified: 1. Signal timing plans for those coordinated arterials identified in "Exhibit A" have been and/or will be developed and implemented by SANBAG(or their consultant) after review and approval by the respective agencies. Any subsequent changes to those signal timing plans proposed by any of the parties shall be agreed upon in writing by all parties, such as City Traffic Engineer or City Engineer, affected by the changes. 2. All parties shall maintain a common time source (either a WWV or GPS clock time, or other highly accurate time source) at the appropriate field master traffic signal controller or control center for its signals along arterials identified in "Exhibit A" and shall resynchronize the system clock time at 12:00 midnight each day. The time source either already exists or will be provided by SANBAG as part of the construction phase. re will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO MEMORANDUM OF UNDERSTANDING C11223 BY AND BETWEEN SAN BERNARDINO ASSOCIATED GOVERNMENTS AND COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO,CHINO HILLS,COLTON,FONTANA,GRAND TERRACE, HIGHLAND,LOMA LINDA,MONTCLAIR, ONTARIO,RANCHO CUCAMONGA,REDLANDS,RIALTO,SAN BERNARDINO,UPLAND, YUCAIPA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR SAN BERNARDINO VALLEY COORDINATED TRAFFIC SIGNAL TIMING SYSTEM PROGRAM TIERS 1,2,3 & 4 This MEMORANDUM OF UNDERSTANDING (hereinafter, "MOU") is effective on the Effective Date as defined herein, by and between the San Bernardino Associated Governments (hereinafter referred to as "AUTHORITY"), the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Yucaipa, (hereinafter "CITIES"); the County of San Bernardino (hereinafter "COUNTY"); STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (hereinafter "CALTRANS"). CITIES, COUNTY, CALTRANS and Authority are hereinafter individually referred to as a "Party" and collectively referred to as the"Parties". RECITALS: WHEREAS, this MOU constitutes a conduct to the operation and maintenance of coordinated traffic signals along certain key arterial routes in the San Bernardino Valley Coordinated Traffic Signal Timing System Program Tiers 1, 2, 3 & 4, as shown on Table 1 and Figure 1, List of Corridors —Tiers 1 & 2; and Table 2 and Figure 2, List of Corridors-Tiers 3 & 4. It constitutes solely a conduct to the intentions,agreements and policies of the Parties involved and; C10198 [2] r those coordinated arterials identified in "Exhibit A" have been and/or will be developed and implemented by SANBAG(or their consultant) after review and approval by the respective agencies. Any subsequent changes to those signal timing plans proposed by any of the parties shall be agreed upon in writing by all parties, such as City Traffic Engineer or City Engineer, affected by the changes. 2. All parties shall maintain a common time source (either a WWV or GPS clock time, or other highly accurate time source) at the appropriate field master traffic signal controller or control center for its signals along arterials identified in "Exhibit A" and shall resynchronize the system clock time at 12:00 midnight each day. The time source either already exists or will be provided by SANBAG as part of the construction phase. re will be another $3,100 dollars for emergency callouts for fiscal year 2011-2012. The assumed signal maintenance for the entire fiscal year will total $11,600. With the additional monitoring required by the proposed MOU, the cost will be approximately $391 per month or $4,692 for the year. The addition of the $4,692 to the O Q � W I- Y O 0 -O Ct 0 Y 0 Q Q 0 0 rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO WHEREAS, on September 1, 1999, the SANBAG Board approved development of the San Bernardino Valley Coordinated Traffic Signal System Tiers 1, 2, 3 and 4 (hereinafter the "PROJECT') to be implemented over a 10-year period. As part of the PROJECT, AUTHORITY has worked with CITIES, COUNTY AND CALTRANS to implement a multijurisdictional plan for interconnecting and coordinating traffic signals in the San Bernardino Valley. The goal of the Signal Synchronization program is to decrease arterial travel times, congestion and pollution. Construction of the PROJECT required implementation of signal timing and coordination plans, hardware and communication upgrades, support monitoring and maintenance of signal operations. When fully implemented, the program will synchronize approximately 1,300 traffic signals throughout the San Bernardino Valley and; WHEREAS, the PROJECT is divided into four implementation tiers; Tiers 1 and 2, which cover approximately 650 traffic signals, and Tiers 3 and 4, with approximately 680 traffic signals. While Tiers 3 & 4 are currently under construction scheduled to be completed in December 2011, Tiers 1 and 2 were completed in June 2009. Traffic signals central system upgrade (part of Tier 2 scope of work) will be completed by June 2011 and; WHEREAS, a before and after study was conducted on Tiers 1 & 2 to evaluate the benefits of the signal synchronization system. Benefits monitored include change in travel time, number of stops, change in average speed and air quality benefits. Signal synchronization has resulted in improvements varied on an arterial-by arterial basis, but system-wide averages amounted to approximately 22% reduction in travel time, approximately 47% reduction in number of stops, and approximately 27% improvement in travel speed during the AM and PM peak periods. Similar improvements are expected for Tiers 3 and 4 portion of the PROJECT and; WHEREAS, AUTHORITY and CITIES, COUNTY, CALTRANS have agreed that the coordination of traffic signals across jurisdictional boundaries in an effort to reduce delays and improve travel times is one critical component for improving mobility, traffic operations, maximize system efficiency and air quality in the San Bernardino Valley and; WHEREAS, AUTHORITY has implemented a Valley-wide coordinated traffic signal system Tiers 1& 2 and is currently in the process of completing Tiers 3 & 4. Figures 1 and 2 graphically depict the arterials included in Tiers 1, 2, 3 & 4 coordinated arterial networks. Design and construction of the necessary traffic signal communications system, and development and implementation of synchronized traffic signal timing plans, are the first steps in the continual operation of the system. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Now, therefore, it is mutually understood and agreed by AUTHORITY, CITIES, COUNTY and CALTRANS to enter into the following MOU with respect to the matters as follows: ARTICLE 1. COMPLETE AGREEMENT This MOU, including all exhibits and attachments which are incorporated herein and made applicable by this reference, constitutes the complete and exclusive statement of the terms and conditions of the MOU between the AUTHORITY, CITIES, COUNTY and CALTRANS concerning this Project and supersedes all prior representations, understanding and communications between the Parties. The invalidity in whole or part of any term or condition of this MOU shall not affect the validity of other terms or conditions. ARTICLE 2. PARTIES RESPONSIBILITIES 2.1 Traffic signal timing plans for those coordinated arterials identified in Tables 1 and 2 have been and/or will be developed and implemented by AUTHORITY (or their consultant) after review and approval by the respective CITIES, COUNTY and CALTRANS. Any subsequent changes to those traffic signal timing plans proposed by any of the Parties shall be agreed upon in writing by all affected Parties . 2.2 All Parties shall maintain a common time source (either a GPS time clock, or other highly accurate time source) at the appropriate field master traffic signal controller or control center for its signals along arterials identified in Tables 1 and 2 and shall resynchronize the system clock time at 12:00 midnight each day. The time source either already exists or has been provided by AUTHORITY as part of Tier 1 &2 or Tiers 3 &4. 2.3 Any Party wishing to add existing signalized intersections or newly signalized intersections to the coordinated signal system along the synchronization corridor as identified in Tables 1 and 2 shall be responsible for providing compatible traffic signal control equipment, and appropriate traffic signal communications between adjacent traffic signals and to the control center. Modifications and/or additions to accommodate the coordination signal timing plans for those additional intersections shall be agreed to in writing by all affected Parties. 2.4 AUTHORITY has contracted with traffic engineering consultant(s) to develop, maintain and monitor the designated signal timing plans for a specified period of time listed below (monitoring period). The consultant is authorized to act in AUTHORITY's behalf (and above-mentioned San Bernardino Valley agencies) relative to any proposed signal timing modifications,additions,etc. C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO a. The Monitoring Period for Tiers 1 &2 will end in June of 2011. b. The Monitoring Period for Tiers 3 & 4 will commence at the end of 2011 and will last 1 year from commencement date. 2.5 At the end of the monitoring periods, the Parties will be responsible for maintaining and monitoring the synchronized traffic signal timing within their respective jurisdictions. Any modifications to the base synchronized timing affecting other jurisdiction(s) shall be agreed upon in writing by all Parties. 2.6 Based on the cooperation of the Parties and at the end of the Monitoring Period, AUTHORITY will retain the services of a consultant to provide the more elaborate maintenance and timing services that the Parties cannot provide on their own. This service is to ensure the proper functioning of the system(s). These extra services will be provided upon written request from the agencies to AUTHORITY and will include specialized timing and maintenance requirements that the Parties cannot perform on their own. Upon written approval of the requested services by the AUTHORITY, The AUTHORITY will dispatch its consultant to work with the requesting party to provide the service. AUTHORITY is responsible for all costs related to the use of the consultant identified in this section 2.6. AUTHORITY must approve in advance any of the Parties request to use these consultant services. ARTICLE 3. MUTUAL AGREEMENTS The Parties agree to the following mutual agreements and responsibilities: 3.1 To cooperate and coordinate with all Parties, their staff, contractors, consultants and vendors, in providing the services and responsibilities required under this MOU to the extent practicable with respect to the performance hereunder. 3.2 To work together in good faith, using reasonable efforts to resolve any issues, changes or disputes arising out of this MOU. 3.3 This MOU can only be changed or amended upon mutual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 3.6 The date that this MOU is executed by all Parties shall be the Effective Date of the MOU. City of Chino Date City of Chino Hill Date City of Colton Date City of Fontana Date City of Grand Terrace Date City of Highland Date City of Loma Linda Date City of Montclair Date C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace City of Ontario Date City of Rancho Cucamonga Date City of Redlands Date City of Rialto Date City of San Bernardino Date City of Upland Date City of Yucaipa Date City of San Bernardino Date California Department of Transportation Date C10198 [7] Date C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace San Bernardino Associated Governments Date C10198 [8] Redlands Date City of Rialto Date City of San Bernardino Date City of Upland Date City of Yucaipa Date City of San Bernardino Date California Department of Transportation Date C10198 [7] Date C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace Table 1-List of Corridors —Tiers 1 & 2 TIERS 1 & 2 Synchronization Corridors +�X- :a y '5, -'.'' , 1 r x+;^,•�'' .: `fig+. ?a “ 7 .T' a 3 - k , 'jY.' :`'ai -u.., v..3f 'Sri..c.`.:.. �>> �L`R �i .v v 1 Ramona Ave Philadelphia St to Chino Riverside Dr 2 Monte Vista Ave Foothill Blvd to Holt Blvd Upland/Montclair 3 Central Ave Foothill Blvd to Butterfield Upland/Chino Hills Ranch Rd 4 Mountain Ave 1 8th St to 1-10 EB Ramps Upland/Ontario 5 Mountain Ave 2 Philadelphia St to Ontario/Chino Riverside Dr 6 Euclid Ave 19th St to Pine Ave Upland/Chino 7 Grove Ave 1 Arrow Hwy to 4th St Upland/Rancho Cucamonga/Ontario 8 Grove Ave 2 Philadelphia St to Ontario Riverside Dr 9 Vineyard Ave 1 4th St to Holt Blvd Ontario (Ontario North) 10 Vineyard Ave 2 Philadelphia St to Ontario (Ontario South) Riverside Dr 11 Archibald Ave 1 4th St to Airport Dr Ontario (Ontario North) 12 Archibald Ave 2 Mission Blvd to Riverside Ontario (Ontario South) Dr 13 Haven Ave Lemon Ave to Riverside Rancho Dr Cucamonga/Ontario 14 Milliken Ave 1 4th St to Airport Dr Ontario (Ontario North) 15 Milliken Ave 2 Philadelphia St to SR-60 Ontario (Ontario South) EB Ramps 16 Etiwanda Ave 4th St/San Bernardino Ontario Ave to Airport Dr 17 Cherry Ave Baseline Ave to Jurupa Fontana Ave 18 Citrus Ave Valley Blvd to Slover Ave Fontana 19 Sierra Ave Valley Blvd to Slover Ave Fontana 20 Cedar Ave San Bernardino Ave to Rialto/County Slover Ave (Bloomington) C10198 [91 solve any issues, changes or disputes arising out of this MOU. 3.3 This MOU can only be changed or amended upon mutual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 21 Riverside Ave Valley Blvd to Slover Ave Rialto 22 Pepper Ave Valley Blvd to 1-10 EB Colton Ramps 23 Rancho Ave Valley Blvd to 1-10 EB Colton Ramps 24 La Cadena Dr G St to Valley Blvd Colton 25 Waterman Ave 1 40th St to 5th St San Bernardino (City) (North) 26 Waterman Ave 2 Hospitality Ln to Barton San Bernardino (City) (South) Rd/Washington St 27 Tippecanoe Ave Baseline St to Redlands San Bernardino Blvd (City)/Loma Linda 28 Mountain View Ave 1-10 WB Ramps to Loma Linda Redlands Blvd 29 California Ave Orange Tree Ln to Redlands Redlands Blvd 30 Alabama St Lugonia Ave to Redlands County(North Blvd Redlands)/Redlands 31 Tennessee Ave Lugonia Ave to Redlands Redlands Blvd 32 Highland Ave Macy St to SR-330 NB San Bernardino Ramps (City)/Highland 33 Baseline 1 Etiwanda Ave to Mango Rancho Ave Cucamonga/Fontana 34 Baseline 2/Base Line Cedar Ave to Church St Rialto/Highland 35 Foothill Blvd Monte Vista Ave to H St Upland/San Bernardino (City) 36 Arrow Hwy/8th St Police Station to Euclid Montclair/Upland Ave 37 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 44 Redlands Blvd Hunts Ln to 1-10 EB On- Redlands Ramp/Ford St 45 Barton Rd 1-215 SB On-Ramp to Grand Terrace Grand Terrace Rd/Honey Hill Dr 46 Washington St/Barton Weir Rd to Citrus Ave San Bernardino Rd/ Brookside (City)/Redlands Ave/Citrus Ave C10198 [11] C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace 0 0 CO - M 3 F CO eD •• , • i l • n V. 1 • . 11 �rt.`n .ip: • �� Cl • • i '1 : • : : • ii • • M++ • C ` 0, •• • • • • •NN t co) coo R I • c) t • • . 0-3 • „ a • • • y .. _�. • - I noi r, - 1,; I z iv t..4a C 0 • • Z • R m m • aT (n• o? g m a g a 1 v N e; a • 3. • • 0 Ia . ID N a m • i T 0J ♦ J A N I A° r s> OM MO Lf = t(� a T • _ T .d3 • C a. a • 2 • n Z Yl • ghland 35 Foothill Blvd Monte Vista Ave to H St Upland/San Bernardino (City) 36 Arrow Hwy/8th St Police Station to Euclid Montclair/Upland Ave 37 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Table 2-List of Corridors-Tiers 3 & 4 TIERS 3 & 4 Synchronization Corridors ram.�rcee ,. yy� ., ' iK:. v .;4r'` - z_c. ,l., ,,";yy. itiy-,7% q.,.a:,,pyr 1 Chino Ave SR-71 to Fern Ave CALTRANS/Chino 2 Grand Ave/Edison Ave SR-71 to Euclid Ave CALTRANS/Chino 3 Chino Hills Pkwy Walnut Creek to Monte Caltrans/Chino/Chino Hills Vista Ave 4 Peyton Dr Rock Springs Dr to Glen Chino Hills Ridge r 5 Soquel Cyn Rd Pinehurst Dr to Butterfield Chino Hills Ranch Rd 6 Butterfield Ranch Rd Picasso Dr to Shady CALTRANS/Chino Hills View/SR-71 SB ramps 7 Benson Ave 16th St to 8th St Upland 8 Mountain Ave 21st St to Shaefer Ave CALTRANS/Chino/Ontario/U pland 9 Campus Ave (WB 1-210 to 16th St CALTRANS/Upland Ramps) 10 Grove Ave San Bernardino Rd to Ontario/Rancho Cucamonga Philadelphia St 11 Inland Empire Blvd Turner Ave to Ontario Mills Ontario Pkwy 12 Ontario Mills Pkwy Franklin Ave to Rochester Ontario Ave 13 Airport Dr Vineyard Ave to Milliken Ontario Ave C10198 [13] t Police Station to Euclid Montclair/Upland Ave 37 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 14 Slover Ave Jasmine Ave to Mulberry, Fontana/Rialto Sierra Ave to Riverside Ave 15 Jurupa St UPS Driveway to CALTRANS/Ontario/Fontana Etiwanda/Mulberry to Sierra /Rialto Ave 16 Milliken Ave Vintage to Mission Blvd CALTRANS/Ontario/Rancho Cucamonga 17 Chino Ave SR-71 to Fern Ave CALTRANS/Chino 18 Grand Ave/Edison Ave SR-71 to Euclid Ave CALTRANS/Chino 19 Chino Hills Pkwy Walnut Creek to Monte Caltrans/Chino/Chino Hills Vista Ave 20 Peyton Dr Rock Springs Dr to Glen Chino Hills Ridge r 21 Soquel Cyn Rd Pinehurst Dr to Butterfield Chino Hills Ranch Rd 22 Butterfield Ranch Rd Picasso Dr to Shady CALTRANS/Chino Hills View/SR-71 SB ramps 23 Benson Ave 17th St to 8th St Upland 24 Mountain Ave 22nd St to Shaefer Ave CALTRANS/Chino/Ontario/U pland 25 Campus Ave (WB 1-210 to 16th St CALTRANS/Upland Ramps) 26 Grove Ave San Bernardino Rd to Ontario/Rancho Cucamonga Philadelphia St 27 Inland Empire Blvd Turner Ave to Ontario Mills Ontario Pkwy 28 Ontario Mills Pkwy Franklin Ave to Rochester Ontario Ave C10198 [14] 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 29 Airport Dr Vineyard Ave to Milliken Ontario Ave 30 Slover Ave Jasmine Ave to Mulberry, Fontana/Rialto Sierra Ave to Riverside Ave 31 Jurupa St UPS Driveway to CALTRANS/Ontario/Fontana Etiwanda/Mulberry to Sierra /Rialto Ave 32 Milliken Ave Vintage to Mission Blvd CALTRANS/Ontario/Rancho Cucamonga 33 Chino Ave SR-71 to Fern Ave CALTRANS/Chino 34 Grand Ave/Edison Ave SR-71 to Euclid Ave CALTRANS/Chino 35 Chino Hills Pkwy Walnut Creek to Monte Caltrans/Chino/Chino Hills Vista Ave 36 Peyton Dr Rock Springs Dr to Glen Chino Hills Ridge r 37 Soquel Cyn Rd Pinehurst Dr to Butterfield Chino Hills Ranch Rd 38 Butterfield Ranch Rd Picasso Dr to Shady CALTRANS/Chino Hills View/SR-71 SB ramps 39 Benson Ave 18th St to 8th St Upland 40 Mountain Ave 23rd St to Shaefer Ave CALTRANS/Chino/Ontario/U pland 41 Campus Ave(WB 1-210 to 16th St CALTRANS/Upland Ramps) 42 Grove Ave San Bernardino Rd to Ontario/Rancho Cucamonga Philadelphia St • 43 Inland Empire Blvd Turner Ave to Ontario Mills Ontario Pkwy C10198 [15] [14] 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 44 Ontario Mills Pkwy Franklin Ave to Rochester Ontario Ave 45 Airport Dr Vineyard Ave to Milliken Ontario Ave 46 Slover Ave Jasmine Ave to Mulberry, Fontana/Rialto Sierra Ave to Riverside Ave 47 Jurupa St UPS Driveway to CALTRANS/Ontario/Fontana Etiwanda/Mulberry to Sierra /Rialto Ave 48 Milliken Ave Vintage to Mission Blvd CALTRANS/Ontario/Rancho Cucamonga 49 Chino Ave SR-71 to Fern Ave CALTRANS/Chino 50 Grand Ave/Edison Ave SR-71 to Euclid Ave CALTRANS/Chino 51 Chino Hills Pkwy Walnut Creek to Monte Caltrans/Chino/Chino Hills Vista Ave 52 Peyton Dr Rock Springs Dr to Glen Chino Hills Ridge r 53 Soquel Cyn Rd Pinehurst Dr to Butterfield Chino Hills Ranch Rd 54 Butterfield Ranch Rd Picasso Dr to Shady CALTRANS/Chino Hills View/SR-71 SB ramps C10198 [16] /U pland 41 Campus Ave(WB 1-210 to 16th St CALTRANS/Upland Ramps) 42 Grove Ave San Bernardino Rd to Ontario/Rancho Cucamonga Philadelphia St • 43 Inland Empire Blvd Turner Ave to Ontario Mills Ontario Pkwy C10198 [15] [14] 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO !n CO Ce t i v t : . ct w 4 CI Z m ' W 2 -, . F-. ��w co 2w � ri u IP Z ~ Ii frilint i 410 '• Nil: ,r►t ,,f+•_ p 0 c� , , _dim' E L g Y W �. re , Mew r - p �� ? a 001.-•,r3� Y 0 Z N Q � a3 co z a 1UJ 1— V) I— 0 r - ' I_ .• / CO < w 1,6 ik, ` i EL ,' p� no , r—r z Z —I H � u et ,, iI Q 4 r*I r it 1 . _ �. I IA Z Y - 1 Mw 4, .."I r k-5 , L^ Z h� (/1 (4 Y< 41 r r l 74-' I— L. I- -k- .I l,tii� '_' W 9FpCD 61 Z . . YE\ ' ' Pia • •i r CD W = a) ,• • Z 0 V 42 Grove Ave San Bernardino Rd to Ontario/Rancho Cucamonga Philadelphia St • 43 Inland Empire Blvd Turner Ave to Ontario Mills Ontario Pkwy C10198 [15] [14] 4th St/San Grove Ave to Cherry Ave Ontario/County Bernardino 38 Holt Blvd Amherst Ave to Montclair/Ontario Convention Center Way/Guasti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO • I h Ioi t in lit' GrandCALI TerraceFORNIA AGENDA REPORT MEETING DATE: August 23, 2011 Council Item ( X ) CRA Item ( ) TITLE: Interim City Clerk Agreement PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Ratify the agreement for the Interim City Clerk. BACKGROUND: The City Clerk recently resigned from employment with the City, with August 11, 2011 as her last day of work. The City Manager hired an Interim City Clerk who started work for the City on August 15, 2011. DISCUSSION: The City Manager is responsible for the hiring of all City employees with the exception of the City Attorney and City Manager who are hired by the City Council. When the vacancy was created by the City Clerk's recent resignation, the City Manager filled the position on an interim basis because there was not sufficient time to do recruitment. The agreement for the Interim City Clerk is for three months. The anticipated cost for the agreement is $18,375 which exceeds the City Manager's signature authority. It is for this reason that the City Council needs to ratify the agreement for the Interim City Clerk. FISCAL IMPACT: The cost for the three month Interim City Clerk agreement, based on a 36 hour work week, will be approximately $18,375 which includes the employer portion of the PERS retirement benefit expense. The funds included in the operating budget for the City Clerk position will more than cover this expense. Respectfully submitted: Betsy . Adams, City Manager COUNCIL AGENDA ITEM NO.5- sti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Interim City Clerk Agreement Page 2 ATTACHMENTS: Attachment A: City of Grand Terrace Interim Employment Agreement for Interim City Clerk Hill Dr 46 Washington St/Barton Weir Rd to Citrus Ave San Bernardino Rd/ Brookside (City)/Redlands Ave/Citrus Ave C10198 [11] C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace Attachment A City of Grand Terrace Interim Employment Agreement for Interim City Clerk tachment A: City of Grand Terrace Interim Employment Agreement for Interim City Clerk Hill Dr 46 Washington St/Barton Weir Rd to Citrus Ave San Bernardino Rd/ Brookside (City)/Redlands Ave/Citrus Ave C10198 [11] C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace `ITp CITY OF GRAND TERRACE INTERIM EMPLOYMENT AGREEMENT This Agreement is hereby made by and between the City of Grand Terrace (the "City") and Tracey Martinez(the"Employee"), as follows: A. The City desires to employ Employee as the Interim City Clerk from August 15, 2011 through November 15, 2011. This Interim Agreement may be extended by written mutual agreement of both parties. B. Employee shall work thirty-six hours per week. Due to Employee's required attendance at City Council Meetings, Employee shall be allowed to work 36 hours in a flexible manner, subject to prior approval of the City Manager. C. Employee's compensation shall be $32.52 per hour, with Employee contributing the employee portion of the PERS benefit,which is 8.0% of her gross wages. PERS shall be the only City-funded benefit to which Employee shall be entitled. Employee shall not accrue sick leave or vacation leave. D. During the term of this Agreement, Employee shall be "at will" and may be terminated without cause by the City Manager. F. Employee shall continue to receive the assistance with three months of health insurance premiums at the family rate, which was authorized by the City Council and Deputy City Clerk position defunded in the Fiscal year 2011-2012 budget. Dated: 4'/6.---// Dated: -/5 -,�0 �irGyG`'G D ,t CA A_ Betsy M Adams, City Manager Tracey Martihez, Employee City Clerk position will more than cover this expense. Respectfully submitted: Betsy . Adams, City Manager COUNCIL AGENDA ITEM NO.5- sti Rd 39 Mission Blvd Roswell Ave to Milliken Montclair/Ontario Ave 40 Philadelphia St Ramona Ave to Haven Chino/Ontario Ave 41 Riverside Dr Reservoir Dr to Milliken Chino/Ontario Ave 42 Valley Blvd Etiwanda Ave to 9th St Ontario/Colton 43 Hospitality Ln E St to Tippecanoe Ave San Bernardino (City) C10198 [10] utual consent of all Parties. All changes or amendments to this MOU must be in writing and executed by all Parties. Facsimile signatures will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO I h¢Nluc?tnnnfain l it, Grand Terrace AGENDA REPORT CFORNIA MEETING DATE: August 23, 2011 Council Item ( X ) CRA Item ( ) TITLE: Update on Law Enforcement Savings PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Provide direction on restoring funding for the Patrol Deputy position currently half funded in the Fiscal Year 2011-12 operating budget. BACKGROUND: On July 26, 2011, the City Council considered restoring a half funded Patrol Deputy position to a fully funded Patrol Deputy as part of the Seventeenth Amendment to the City's law enforcement services contract with the County of San Bernardino. The Council did not take action on the Patrol Deputy position or the contract amendment and instead requested additional information and that a Council Workshop meeting be scheduled for further discussion on law enforcement services. The Council was provided with budget information for law enforcement services at the July 26 Council Meeting which included the following: • State restored Citizens Option for Public Safety (COPS) grants and booking fees subventions by diverting the local government Vehicle License Fee (VLF) revenue (general fund per capita allocation) to fund these local government law enforcement programs, $120,000 gain and $44,510 loss respectively for the general fund budget. • San Bernardino County Safety Employee Benefit Association (SEBA) membership vote was split (approved only by management employees) on contract concessions resulting minimal savings. These savings plus savings from reallocating the expense for our Lieutenant's vehicle total $9,893. DISCUSSION: As requested at the July 26 Council Meeting, a Council Workshop for further discussion on law enforcement services has been scheduled for 6:00 pm on August 30, 2011. Since the July 26 Council Meeting, the Sheriff's Department has identified another $33,000 in savings which can be achieved by underfilling for 10 months an Office Specialist position at the Central Station which is partially allocated to Grand Terrace. COUNCIL AGENDA ITEM NO. --zll es will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Update on Law Enforcement Savings Page 2 The impact of this additional savings to the Patrol Deputy position and to the loss of the VLF per capita revenue is shown in the tables below: Patrol Deputy Position $ Add 1/2 Patrol Deputy Expense -118,404 Add Restored COPS Grant Revenue 100,000 Add SEBA Management& Lieutenant Vehicle Savings 9,893 Add Portion of Underfilling Savings 8,511 Net General Fund Impact 0 VLF Per Capita $ Delete VLF Per Capita Revenue -44,510 Add Booking Fee Subventions Savings 20,000 Add Portion of Underfilling Savings 24,489 Net General Fund Impact -21 Staff anticipates there will be law enforcement budget savings in either overtime or in fuel and maintenance costs available to cover the $21 unfavorable budget impact show in the VLF per capita table. With the additional $33,000 in savings identified by the Sheriff's Department since the July 26 Council Meeting, staff recommends that the half funded Patrol Deputy position be restored to full funding. If the Council accepts this recommendation then the Seventeenth Amendment to the City's law enforcement services contract with the County of San Bernardino will be brought forward for approval by the Council at the September 13 Council Meeting. Staff also recommends that the Council consider cancelling the Council Workshop scheduled for August 30, 2011. FISCAL IMPACT: The fiscal impacts of the update on law enforcement savings were addressed in the discussion portion of this staff report. Respectfully submitted: Bets . Ada)2(‘ City Manager ATTACHMENTS: None. g, a Council Workshop for further discussion on law enforcement services has been scheduled for 6:00 pm on August 30, 2011. Since the July 26 Council Meeting, the Sheriff's Department has identified another $33,000 in savings which can be achieved by underfilling for 10 months an Office Specialist position at the Central Station which is partially allocated to Grand Terrace. COUNCIL AGENDA ITEM NO. --zll es will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO The Blue 11nunt.iio fill CAL GrandI TerraceFORNIA AGENDA REPORT MEETING DATE: August 23, 2011 Council Item ( X ) CRA Item ( ) TITLE: General Fund Budget Request for the Code Enforcement Program PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the appropriation of $4,557.00 from the General Fund to an expenditure account identified by the Finance Director for FY 2011-12 non-personnel expenses for the Code Enforcement Program. BACKGROUND: Through the Fiscal Year 2011-12 General Fund budget process, the Code Enforcement and Rental Inspection Programs were consolidated and transferred to the Community and Economic Development Department. Inadvertently, the non-personnel costs required to maintain the program were not included in the final budget document. DISCUSSION: To conduct inspection and enforcement activities, funds are needed for annual software licenses in the amount of $3,557.00. In addition, staff estimates the annual costs for general supplies and materials, Notices of Violations and citation books to be approximately $1,000.00, based on prior years. Vehicle expenses are funded by the Redevelopment Agency's Housing Fund. The Finance Director has established General Fund account 10-187-246, Enforcement Programs, for this purpose, and staff requests that $4,557.00 be transferred from the General Fund reserves for these costs. FISCAL IMPACT: Funding for these program expenses are collected through the Rental Inspection Program fees and other fines, which are allocated to the General Fund. COUNCIL AGENDA ITEM NO.F3 None. g, a Council Workshop for further discussion on law enforcement services has been scheduled for 6:00 pm on August 30, 2011. Since the July 26 Council Meeting, the Sheriff's Department has identified another $33,000 in savings which can be achieved by underfilling for 10 months an Office Specialist position at the Central Station which is partially allocated to Grand Terrace. COUNCIL AGENDA ITEM NO. --zll es will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Respectfully submitted, J yce owers Community and Economic Development Director Manager Approval: Betsy . Adams City Manager City Clerk Hill Dr 46 Washington St/Barton Weir Rd to Citrus Ave San Bernardino Rd/ Brookside (City)/Redlands Ave/Citrus Ave C10198 [11] C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace lha Blur lluunlaia Cilu CALGranId TerraceFORNIA AGENDA REPORT MEETING DATE: August 23, 2011 Council Item ( X ) CRA Item ( ) TITLE: Purchase of Property in the 21900 Block of Grand Terrace Road for $595,000 with State Grant Funds to Develop a New Park PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Approve the attached Purchase and Sale Agreement and Escrow Instructions for the acquisition of APNs 0275-231-48 through 66 for signature by the Mayor. 2. Request an acquisition advance from the State Department of Parks and Recreation to fund the acquisition and associated costs and authorize the Finance Director to appropriate the funds as necessary. 3. Authorize the City Manager to execute all documents required to complete the City's due diligence and the acquisition. 4. Accept the donation of $15,000 for park maintenance from the seller of the property and authorize the Finance Director to establish an account reserving these funds for maintenance of the park after completion. BACKGROUND: In February 2010, the City applied for a $1.8 million grant to develop a park through the Statewide Park Development and Community Revitalization Program, which was funded by Proposition 84. In October 2010, the City was informed that our community was selected to participate in the program from a field of over 600 applicants. Purchase of property for the park was included in the grant application, and the grant approval allows for the advance of grant funds for acquisition. Approximately $650,000 was requested for the cost of acquisition and due diligence of the subject property, which is located on the east side of Grand Terrace Road, between Barton Road and Vivienda Avenue as shown on the attached map (Attachment 1). COUNCIL AGENDA ITEM NO. ified another $33,000 in savings which can be achieved by underfilling for 10 months an Office Specialist position at the Central Station which is partially allocated to Grand Terrace. COUNCIL AGENDA ITEM NO. --zll es will be permitted. 3.4 This MOU shall be governed by all applicable federal, state and local laws. The Parties agree that in the performance under this MOU, each Party shall comply with all applicable federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO DISCUSSION: The Council has authorized staff to negotiate the purchase and prepare the Purchase and Sale Agreement and Escrow Instructions, which is attached to this report as Attachment 2. The current owner of the property is D & MJFH LLC, and its Managing Member, Douglas Jacobsen, has signed the Agreement. Upon approval of the Agreement by the City Council and signature by the Mayor, staff will forward the document to the State Department of Parks and Recreation requesting an advance of the needed funds. Our State project manager has advised City staff to allow four weeks to receive the funds. The Agreement provides for a 60-day escrow period. Staff has also issued a Request for Proposals for design of the park and project management, and anticipates scheduling the contract award for Council review during September. Two community members from the surrounding neighborhood serve on the selection committee, and additional community meetings would occur shortly after the award of the design contract to obtain comments about the park's design and amenities. The seller of the property has offered the community $15,000 to assist with maintenance of the park, which will be contributed upon close of escrow. Attachment 3 to this report is a letter confirming the donation. The park will be designed to minimize maintenance with input from the Public Works Department. For example, the use of solar-powered locking devices with timers on park gates eliminates both the cost of electrical power and the need for an individual to lock and unlock the park. The Public Works Director anticipates that the donated funds will cover up to two years of maintenance if properly designed. In addition, the contract for installation of the park landscaping will include the first year of maintenance. The donated funds would be used for maintenance in years two and three after completion. FISCAL IMPACT: The property acquisition, including closing costs and a Phase 1 environmental report are expected to cost approximately $605,000, which will be funded through the grant. Staff time can also be reimbursed by grant funds. Respectfully submitted: 16;7/fr-e.,t4_, yce owers Community and Economic Development Director Manager Approval: Betsy . Ada s, City Manager ATTACHMENTS: 1. Site Map 2. Purchase and Sale Agreement and Escrow Instructions 3. Letter of donation for park maintenance able federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Attachment No. 1 Site Map Community and Economic Development Director Manager Approval: Betsy . Adams City Manager City Clerk Hill Dr 46 Washington St/Barton Weir Rd to Citrus Ave San Bernardino Rd/ Brookside (City)/Redlands Ave/Citrus Ave C10198 [11] C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace 3 a, . ,. ' } 4 - f: .-.::. ' , ��" " 4 e to fit,,• 4114..' ,,. ti Ai- sit!r .� of , --,.. 4 .,5 '+# ' ;' •� *k£•_ 4 74�, '{ r -. : � I • �j•;#� "fit $.! !`, F*4�' ` I 1 iR � 4. ,. i. i. ,!,.-;' 411. - ' r‘ .4' '' "r c-. r G T erre - a . ='w na - J + = - _'^A ' , iRoaaa,- ' ' " �F. . ' i :\ . 1111 '1' ,, I-41:4.•_lf 71'. , '''':. ', 117::::- ' al'i L '''" - - . .., . voiv . - .4iiip . .4,,, ,1„., .... , , _,.. iiiiii.iir c. - * .. , ii.„ , ,',11 I at !t 24 I 1 a $ 'i •, mom . 401 t.� 'Mil �.. `rr ' "',- ...,,i,,:,,,,,..?;,,,,,., ,, : ;., ei 11ir Ns . vc:cie Air.i _,,a, . : , '1,4047'.:1".:,,:e. lANIT4 4 " At imn '`; �+ g , park will be designed to minimize maintenance with input from the Public Works Department. For example, the use of solar-powered locking devices with timers on park gates eliminates both the cost of electrical power and the need for an individual to lock and unlock the park. The Public Works Director anticipates that the donated funds will cover up to two years of maintenance if properly designed. In addition, the contract for installation of the park landscaping will include the first year of maintenance. The donated funds would be used for maintenance in years two and three after completion. FISCAL IMPACT: The property acquisition, including closing costs and a Phase 1 environmental report are expected to cost approximately $605,000, which will be funded through the grant. Staff time can also be reimbursed by grant funds. Respectfully submitted: 16;7/fr-e.,t4_, yce owers Community and Economic Development Director Manager Approval: Betsy . Ada s, City Manager ATTACHMENTS: 1. Site Map 2. Purchase and Sale Agreement and Escrow Instructions 3. Letter of donation for park maintenance able federal, state and local laws, statutes and ordinances as promulgated hereunder. 3.5 The term of this MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Attachment No. 2 Purchase and Sale Agreement and Escrow Instructions ector Manager Approval: Betsy . Adams City Manager City Clerk Hill Dr 46 Washington St/Barton Weir Rd to Citrus Ave San Bernardino Rd/ Brookside (City)/Redlands Ave/Citrus Ave C10198 [11] C10198 [6] priate yearly costs. Respectfully submitted, Rich rd Shields, Director of Building and Safety/Public Works Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Escrow Instructions ("Agreement"), dated this 23rd day of August, 2011, is entered into by and between the City of Grand Terrace, on one hand ("Buyer"), and D & MJFH 1 LLC, ("Seller"). RECITALS A. Seller is the owner of that certain real property ("Seller's Property" or"Property") consisting of approximately 2.5 acres, more particularly described as Assessor's Parcel Numbers 0275-231-48 thru 66 and attached hereto as Exhibit"A". B. Buyer is a public entity with the power to acquire real and personal property for public uses and purposes. Buyer is engaged in property acquisition that shall be deemed to be for a public purpose for purposes of this Agreement. C. As a consequence of the foregoing, Buyer has agreed to purchase Seller's Property and Seller has agreed to convey it to Buyer pursuant to the following terms and conditions: AGREEMENT ARTICLE I 1.1 Sale and Purchase. Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller. 1.2 Purchase Price. The total purchase price for the Property shall be Five Hundred Ninety-Five Thousand Dollars ($595,000.00), (the "Purchase Price"). 1.3 Payment by Buyer. The Purchase Price shall be paid at the Close of Escrow. 1.4 Condition of Title. At Closing, Seller shall convey to Buyer good and marketable title in fee simple to the Property subject only to all easements, restrictions, or covenants of record which do not interfere with the use of the Property for the purposes, including, without limitation,current, non-delinquent real property taxes (the "Permitted Exceptions"). ARTICLE II REPRESENTATIONS AND WARRANTIES 2.1 Representations and Warranties of Seller True and Correct. Seller hereby represents and warrants to Buyer that the following facts are true and correct as of the date hereof. The truth and accuracy of the following representations and warranties shall constitute a condition precedent to the Close of Escrow for the benefit of Buyer. These representations and warranties shall survive the Close of Escrow and the recording of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation. (a) Power and Authority. Seller has the legal power, right and authority to enter into this Agreement and the instruments, referenced herein, and to consummate the transactions contemplated hereby. 1 is MOU shall continue in full force and effect through (September 2016), unless terminated or extended by mutual consent of all Parties. C10198 [5] C10198 [4] stem. However, to ensure that the system, once implemented, continues to operate as planned in an efficient manner, it is important that communication and cooperation among all participating agencies be maintained. To accomplish these goals, the following items have been identified. C10198 [3] rX Z 0 2 CO W W CO W N Z CC 0 CO CC U) C i>-) Z 0 5 o o v Lr co CD CD v Lin co rn C co CCOO C00 N CO N CO 0 CO a) o 0 o O O CD 0 r E > o o O o 0 O O o 0 d !r r , r r r , r r r to r r r r r r r r r v o o CD 0 o CD 0 0 CV 0_0LO coam M M CO00M CO M CON N N N N N N N N CO OD OD CO 03 OD CO CO CO 0 -o O N N V L CO O N N 00 N N - CD Y C) r r r r r r r r r C 3 N- f- N N I,- N N r-- r- > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO The individuals executing this Agreement and the instruments referenced herein on behalf of the Seller have the legal power,right and actual authority to bind Seller to the terms and conditions hereof and thereof. Furthermore, Seller warrants that it has good and marketable title to the Property. (b) Requisite Action. All requisite action has been taken by Seller in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of the transactions contemplated hereby. (c) Validity. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms subject only to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles affecting or limiting the rights of contracting parties generally. Neither the execution and delivery of this Agreement and documents referenced herein, nor the consummation of the transactions contemplated herein, conflict with or result in the material breach of any terms or provisions of any contract, loan, or other agreement or instrument to which Seller is a party or affecting the Property. All consents, approvals and authorizations necessary for the execution of this Agreement and the consummation of the transactions contemplated herein by Seller have been or will be obtained. Seller has not sold, conveyed or entered into any contract for the sale of all or any portion of the Property or any rights incident thereto, nor do there exist any rights of first refusal or options to purchase the Property or any rights incident thereto. (d) Recitals. The information contained in the Recitals is true and correct. (e) Lawsuits and Claims. To Seller's actual knowledge, without any duty of inquiry or investigation, there are no pending actions, lawsuits, claims or judicial, municipal or administrative proceedings affecting all or any portion of the Property or in which Seller is a party by reason of Seller's ownership of the Property. To Seller's knowledge, there are no threatened or contemplated actions, lawsuits, claims or proceedings nor the existence of any facts which might give rise to such actions, lawsuits, claims or proceedings. During the Escrow period, Seller will not commence or defend any action with respect to the Property except upon such terms as are mutually acceptable to Seller and Buyer. (f) Condition of Property. Seller will deliver the property at Close of Escrow free of weeds and debris. The Seller has not received notice of any violation of applicable governmental regulations relating to the Property, any existing or contemplated plan to widen or modify any street or highway contiguous to the Property (other than the Grading and Improvements contemplated by this Agreement) or any other plan, study or effort of any applicable governmental authorities relating to the Property. (g) Taxes and Assessments. Seller has provided to Buyer all relevant information in its possession concerning real property taxes and any special assessments or bonds which may be levied against the Property as a result of any existing public improvements or work, activities or improvements done to the Property by Seller. (h) Hazardous Materials. To Seller's actual knowledge, without any duty of inquiry or investigation, all operations or activities upon, or use or occupancy of the Property by Seller or any current occupant or user thereof are in compliance with all state, federal and local laws and regulations governing or in any way relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO commonly defined or employed in accordance with applicable federal, state or local laws, codes, ordinances, rules and regulations). To the Seller's actual knowledge, without any duty of inquiry or investigation, there is not present upon the Property, or on any portion thereof, underground storage tanks, any hazardous material or any structures, fixtures, equipment or other objects or materials containing any hazardous material in violation of any applicable environmental law. (i) Leases and Contracts. To Seller's knowledge, there are no oral or written leases, subleases, licenses, occupancies, or tenancies in effect pertaining to the Property, and no persons or entities occupy or have the right to occupy or use all or any portion of the Property. To Seller's knowledge, except as disclosed by Seller to Buyer, there are no service or maintenance contracts, warranties, guarantees, bonds, insurance policies or other agreements (whether oral or written) which will affect or be obligations of Buyer or the Property after the Close of Escrow. At the Close of Escrow, Seller shall deliver possession of the Property to Buyer free of actual occupancy and any right of occupancy by the party. (j) Changes. Seller shall promptly notify Buyer of any material, adverse change in any condition with respect to the Property or of any event or circumstance which makes any representation of warranty of Seller under this Agreement untrue or any covenant of Buyer under this Agreement incapable or less likely of being performed, it being understood that Seller's obligation to provide notice to Buyer shall in no way relieve Seller of any liability for a breach by Seller of any of its representations, warranties or covenants under this Agreement. (k) General Representation. No representation, warranty or statement of Seller in this Agreement or in any document, certificate of schedule prepared by Seller and to be furnished to Buyer pursuant to the terms of this Agreement contains any untrue statement of material fact. Except for the representations and warrantees explicitly set forth above, Buyer hereby releases Seller, Seller's affiliates, officers, directors, partners, employees, and agents, and their respective heirs, successors, personal representatives and assigns, from and against any and all claims which Buyer may have and which arise out of or are in any way connected with this Agreement and the Property, including, without limitation, every physical and environmental condition of the Property. BUYER EXPRESSLY WANES ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND UNDER ANY PROVISION OF LAW THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT BUYER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS AGREEMENT TO RELEASE SELLER. BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN OR MAY HEREAFTER GIVE RISE TO CLAIMS WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CLAIMS, AND THAT SUCH WAIVERS AND RELEASES FORM A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE UNDER THIS AGREEMENT. BUYER HAS CONSULTED WITH LEGAL COUNSEL CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Initials: Buyer: Seller: 2.2 Representations of Buyer. Buyer is validly existing as a California municipality and has performed all acts and obtained all approvals and consents, in each case as necessary to offer to purchase and to purchase the Property. Buyer has the full authority and power to comply with all of its obligations set forth in this Agreement. ARTICLE III COVENANTS OF SELLER AND BUYER AND INSPECTION PERIOD 3.1 License to Enter. Seller hereby agrees that Buyer and/or its agents, representatives, contractors and subcontractors may, following the Opening Date and prior to the Closing Date, conduct its own reasonable engineering studies, environmental assessment, soil and compaction tests and other tests and studies on the Property provided that(i) such activities do not impair the drainage of the Property; and (ii) Buyer shall be responsible for any damage caused thereby to the Property. Buyer shall be responsible for any liability, cost, claim, damage or injury caused by such entry and shall keep the Property free of any and all liens arising therefrom. Buyer shall indemnify and hold Seller harmless and defend Seller from and against such liability, loss,judgment, cost, claim, damage or injury, including but not limited to attorneys' fees and costs, arising out of or in connection with entry or testing on the Property by Buyer or its agents, representatives, contractors or subcontractors. 3.2 Inspection Review Period. Buyer shall have a period of thirty (30) days from the opening of Escrow to approve at its sole discretion, the following, which shall be provided by Seller to Buyer within ten (10) days from opening of escrow, and include, but not be limited to: 1) Preliminary Title Report and related documents. 2) Plat Map 3) Hazardous Substance Condition report. 4) Size and description of the property. 5) ALTA Survey. 6) Geotechnical Report, if any. Additionally, any or all items requested above that are in the Seller's possession shall be submitted to Buyer for its review. Seller shall also deliver reliance letters to Buyer from each of the consultants who have produced the Third Party reports referenced above. 3.3 Property Condition. Buyer shall inspect the Property during the Inspection Review Period. Should Buyer determine that there are any defects; Seller shall provide a credit to the purchase price in an amount sufficient to repair the defects. This acquisition is subject to, and conditioned upon, acceptable soil conditions of the absence of toxic or hazardous substances or any other kind of soil or water contamination. Buyers are hereby grant a right-of-entry for the purpose of conducting any necessary soils, toxic and hazardous substances investigations of the property at the expense of the Buyer. 4 LLER. BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN OR MAY HEREAFTER GIVE RISE TO CLAIMS WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CLAIMS, AND THAT SUCH WAIVERS AND RELEASES FORM A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE UNDER THIS AGREEMENT. BUYER HAS CONSULTED WITH LEGAL COUNSEL CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Thereafter, the Property will be sold "As is" with Seller making no additional representations or warranties concerning the Property. ARTICLE IV ESCROW 4.1 Agreement to Constitute Escrow Instructions. This Agreement together with any General Provisions of Escrow Holder(the"General Provisions") collectively shall constitute escrow instructions and a copy hereof shall be deposited with Escrow Holder for this purpose. In the event of any inconsistency between the terms of the General Provisions and this Agreement, the provisions of this Agreement shall prevail to the extent of any such inconsistency. 4.2 Escrow Holder. The escrow (the "Escrow") shall be First American Title with or other escrow company upon mutual agreement of the Parties. 4.3 Opening of Escrow. Escrow shall open on the date on which a copy of this Agreement, properly executed by the parties hereto, has been deposited with Escrow Holder(the "Opening of Escrow"), which copy the parties hereto agree shall be delivered to Escrow Holder immediately following execution. Escrow Holder shall notify the parties immediately upon receipt of a copy of this Agreement as so executed as to the date of the Opening of Escrow. 4.4 Close of Escrow. The Closing shall occur not later than sixty(60) days after Opening of Escrow (the "Scheduled Closing Date"), unless extended by mutual written agreement of the parties. For purposes of this Agreement, the terms "Closing Date" and the "Close of Escrow"mean the date on which the Closing occurs and the term"Closing"means the recordation of the Grant Deed. 4.5 Certain Obligations of Buyer. (a) In addition to any other obligations contained in this Agreement, Buyer shall have deposited the Deposit into Escrow as required pursuant to Section 1.3 or before the time set forth in such Section. (b) Not later than one (1) business day prior to the Scheduled Closing Date, Buyer shall deposit into Escrow: (i) The total Purchase Price, less the Deposit, as provided in Section 1.3, in cash or by wire transfer. (ii) All other sums and documents required by Escrow Holder to be deposited by Buyer to carry out this Escrow. 4.6 Certain Obligations of Seller. In addition to any obligations contained in this Agreement, not later than one (1) business day prior to the Scheduled Closing Date, Seller shall deposit with Escrow Holder: (a) A grant deed in the Title Company's usual form, duly executed, acknowledged and in recordable form conveying Seller's interests in the Property to Buyer(the "Grant Deed"). 5 ter contamination. Buyers are hereby grant a right-of-entry for the purpose of conducting any necessary soils, toxic and hazardous substances investigations of the property at the expense of the Buyer. 4 LLER. BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN OR MAY HEREAFTER GIVE RISE TO CLAIMS WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CLAIMS, AND THAT SUCH WAIVERS AND RELEASES FORM A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE UNDER THIS AGREEMENT. BUYER HAS CONSULTED WITH LEGAL COUNSEL CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO (b) All other sums and documents required by Escrow Holder to be deposited by Seller to carry out this Escrow. 4.7 Conditions to Seller's Obligation to Sell. Seller's obligation to sell the Property is expressly conditioned upon each of the following: (a) Buyer shall have deposited with Escrow Holder all sums and documents required pursuant to Section 4.5. (b) Buyer shall have timely performed each obligation and covenant of Buyer required pursuant to this Agreement. (c) All representations and warranties of Buyer hereunder are materially true and correct. 4.8 Conditions to Buyer's Obligation to Buy. Buyer's obligation to buy the Property is expressly conditioned upon each of the following: (a) Seller shall have deposited with Escrow Holder all sums and documents required pursuant to Section 4.6. (b) Seller shall have timely performed each obligation and covenant of Seller required pursuant to this Agreement. (c) Escrow Holder holds for issuance the Title Policy (as hereinafter defined). (d) All representations and warranties of Seller hereunder are materially true and correct. (e) No material adverse change shall have occurred to the condition of the Property or the improvements thereon. (f) Buyer reserves the right to cancel escrow without penalty if the grant from the State Department of Parks and Recreation to fund this purchase is withdrawn by the State or not funded. 4.9 Title Policy. Escrow Holder is hereby instructed to deliver to Buyer through Escrow a Standard ALTA owner's policy of title insurance from Chicago Title Insurance Company with regional exceptions dated the date and time of Closing with liability in the amount of the Purchase Price (the "Title Policy"). The Title Policy shall insure Buyer(or its nominee) as owner of good, marketable and indefeasible fee title to the Property subject only to (i) the standard printed title company exceptions and(ii) the Permitted Exceptions and any other exceptions approved by or created by Buyer. 4.10 Recordation of the Grant Deed and Delivery of Funds. Upon receipt of the documents and sums described in this Article IV, Escrow Holder shall cause the Grant Deed to be recorded (with documentary transfer tax information to be affixed after recordation) in the office of the County Recorder of San Bernardino County, California, and shall deliver the proceeds of the Escrow less appropriate charges to Seller. A conformed copy of the recorded Grant Deed shall be delivered to Buyer immediately following the Closing. All sums to be disbursed to Seller by Escrow Holder shall be by certified or cashiers check of Escrow Holder or by wire transfer if Escrow Holder is so advised by Seller. 6 ons of the property at the expense of the Buyer. 4 LLER. BUYER HEREBY AGREES, REPRESENTS AND WARRANTS THAT BUYER REALIZES AND ACKNOWLEDGES THAT FACTUAL MATTERS NOW UNKNOWN TO BUYER MAY HAVE GIVEN OR MAY HEREAFTER GIVE RISE TO CLAIMS WHICH ARE PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND BUYER FURTHER AGREES, REPRESENTS AND WARRANTS THAT THE WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT REALIZATION, AND THAT BUYER NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE AND ACQUIT SELLER FROM ANY SUCH UNKNOWN CLAIMS, AND THAT SUCH WAIVERS AND RELEASES FORM A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY BUYER IN EXCHANGE FOR SELLER'S PERFORMANCE UNDER THIS AGREEMENT. BUYER HAS CONSULTED WITH LEGAL COUNSEL CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO (a) Prorations. Real property taxes and any other assessment payment, shall be prorated as of Close of Escrow. (b) Costs of Escrow. (i) Seller shall pay one-half(1/2) of the Escrow fee, and cost of a CLTA standard coverage title policy, together with all documentary transfer tax. (ii) Buyer shall pay all costs not described as Seller's costs in Section 4.10(b)(i). 4.11 Broker's Commission. Buyer represents that it was not represented by a broker and will indemnify Seller from any claims, damage, or expense for any and all commission fees. 4.12 Default. Time is of the essence in this Agreement and if Buyer or Seller(the"Defaulting Party") fails to deposit any of the amounts due pursuant to this Agreement, or to perform any other act when due, then the other party(the "Non-Defaulting Party")may initiate any of its rights under this Agreement, in law or in equity by notice in writing to the Defaulting Party and Escrow Holder. Should Buyer default, Seller shall be entitled to retain Buyer's deposit as liquidated damages. If the Defaulting Party has not fully cured the default within seven (7) calendar days after receipt of said notice by the Defaulting Party, Escrow Holder may be instructed by the Non-Defaulting Party to cancel this Escrow and the Non-Defaulting Party shall thereupon be released from its obligations under this Agreement. 4.13 Buyer's Remedies. Buyer and Seller agree that if the sale contemplated by this Agreement is not completed as herein provided solely by reason of any material default of Seller, Buyer shall have the right to pursue any remedy available at law or in equity for such default of Seller, including, without limitation, the specific performance of this Agreement. 4.14 Statement of Buyer and Seller Concerning Executory Terms. Buyer and Seller acknowledge that the consummation of the Escrow is contingent upon compliance with some or all of the executory terms and provisions this Agreement and that the parties hereto are the sole persons or entities entitled and authorized to determine whether all executory terms and provisions required to be performed prior to the close of Escrow have been satisfied or deemed satisfied prior to the close of Escrow. Accordingly, prior to the Scheduled Closing Date, Buyer and Seller shall each deposit with Escrow Holder a written statement acknowledging that all executory terms and provisions of this Agreement, insofar as the same relate to each party respectively and any obligation of Escrow Holder relating thereto, have been satisfied, deemed satisfied or waived. Deposit of such statement with Escrow Holder shall constitute each party's authorization to close Escrow. 4.15 Termination of Agreement. In the case of termination of this Agreement in accordance with its terms and cancellation of the Escrow, all documents and funds (together with any interest accrued thereon) previously deposited into the Escrow shall be promptly returned to the depositing party by the person or entity then holding such documents and funds, and all rights and obligations of the parties existing hereunder shall thereafter terminate and be of no further force and effect except for the indemnification of Buyer in Recital B, and in Sections 3.1, and 4.11, all of which shall survive the termination of this Agreement and except as provided in Section 4.6. 4.16 Escrow Cancellation Charges. In the event that this Escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO event that the Escrow shall fail to close for any other reason, each party shall be liable for one-half(1/2) of all Escrow cancellation charges. 4.17 Delay in Closing: Authority to Close. If Escrow Holder cannot close the Escrow on or before the Scheduled Closing Date, it will, nevertheless, close the same when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions has not been timely performed, unless after the Scheduled Closing Date and prior to the close of the Escrow, Escrow Holder receives a written notice to terminate the Escrow and this Agreement from a party who, at the time such notice is delivered, is not in default hereunder. The exercise of such right, and the return of moneys and documents, shall not affect the right of the permitted in this Agreement for the other party's breach of this Agreement. In addition, the giving of such notice, the failure to object to termination of the Escrow or the return of moneys and documents shall not affect the right of the other party to pursue other remedies permitted hereunder for the breach of the party who gives such notice. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 Incorporation of Exhibits. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 5.2 Attorneys' Fees. In any legal proceeding between Buyer and Seller seeking enforcement of or attempting to construe any of the terms and provisions of this Agreement, or in connection with any of the property described herein, including, without limitation, insolvency,bankruptcy, arbitration, declaratory relief or other litigation, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, without limitation, service of process, filing fees, court and court reporter costs, investigation costs, expert witness fees and the cost of any bonds, and reasonable attorneys' fee. 5.3 Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person (by hand delivery or professional messenger service) to either party or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier service guaranteeing overnight delivery, charges prepaid, addressed as follows: If to Buyer at: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Attn: City Clerk If to Seller at: Douglas Jacobsen D &MJFH 1 LLC 21800 Burbank Blvd.,# 330 Woodland Hills, CA 91367 8 ase of termination of this Agreement in accordance with its terms and cancellation of the Escrow, all documents and funds (together with any interest accrued thereon) previously deposited into the Escrow shall be promptly returned to the depositing party by the person or entity then holding such documents and funds, and all rights and obligations of the parties existing hereunder shall thereafter terminate and be of no further force and effect except for the indemnification of Buyer in Recital B, and in Sections 3.1, and 4.11, all of which shall survive the termination of this Agreement and except as provided in Section 4.6. 4.16 Escrow Cancellation Charges. In the event that this Escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed in Los Angeles, Orange, San Bernardino or Riverside Counties with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty-four(24) hours after delivery of the same, charges prepaid, to the U.S. Postal Service or private courier. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. Any party may change its address for purposes of this Section by giving notice to the other party and to Escrow Holder as herein provided. 5.4 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective successors and permitted assigns. 5.5 Assignment. This Agreement may not be assigned by either party without the express written consent of the other party first had and obtained. Except as provided in the preceding sentence, any assignment of delegation of rights, duties or obligations hereunder made without the prior written consent of the other party or parties hereto shall be void and of no effect. No such assignment shall be deemed to relieve the assigning party from any liability or responsibility hereunder. 5.6 Relationship of Parties. The relationship of the parties to this Agreement shall be solely that of Buyer and Seller, and nothing herein contained shall be construed otherwise. 5.7 Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws of the State of California. 5.8 Entire Agreement: Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except if in writing and signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 5.9 Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties may require. 5.10 Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 5.11 Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 5.12 Waiver. The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. 9 ault of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO 5.13 Further Assurances. Seller and Buyer each agree to do such further acts and things and to execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the sale or any other agreement contained herein in the manner contemplated hereby. 5.14 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. 5.15 Time of Essence. Time is of the essence in this Agreement as to all dates and time periods set forth herein. 5.16 Eminent Domain Proceedings. Seller shall promptly notify Buyer of any condemnation proceeding commenced prior to the Close of Escrow. If any such proceeding relates to or may result in the loss of any material portion of the Property, Seller or Buyer may, at its option, elect either to (i) terminate this Agreement, in which event all funds deposited into Escrow by Buyer or released to Seller shall be returned to Buyer, all instruments shall be returned to the respective parties who deposited the same, and neither party shall have any further rights or obligations hereunder except as provided in Section 4.15, or(ii) continue the Agreement in effect, in which event upon the Close of Escrow, Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding. 5.17 Recitals. The provisions of the recitals of this Agreement shall constitute operative and enforceable provisions of this Agreement. 10 verned by, interpreted under, and construed and enforced in accordance with the internal laws of the State of California. 5.8 Entire Agreement: Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except if in writing and signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 5.9 Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties may require. 5.10 Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 5.11 Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 5.12 Waiver. The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. 9 ault of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO IN WITNESS WHEREOF,this Agreement has been executed by the parties on the dates set forth under their respective signatures below,notwithstanding that this Agreement is dated for convenience and reference as of the date and year first written above. BUYER: SELLER: CITY OF GRAND TERRACE D&MJ If'f • • By: Mayor By: Dated: August ,2011 Dated: August ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace EXHIBIT "A" LEGAL DESCRIPTION 12 tes set forth under their respective signatures below,notwithstanding that this Agreement is dated for convenience and reference as of the date and year first written above. BUYER: SELLER: CITY OF GRAND TERRACE D&MJ If'f • • By: Mayor By: Dated: August ,2011 Dated: August ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace • LegAI DesGlptlOnt LOTS 1 THROUGH 19 OF TRACT 14816, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 248, PAGES 30 TO 32, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL URANIUM,THORIUM AND OTHER FISSIONABLE MATERIALS,OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER,WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR UNDERLYING, OR WHICH MAY BE PRODUCED FROM THE HEREINBEFORE DESCRIBED LAND, TOGETHER WITH THE RIGHT TO SUE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500.00 FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING, AND/OR EXTRACTING SAID URANIUM,THORIUM AND OTHER FISSIONABLE MATERIALS,OIL,GAS,PETROLEUM,ASPHALTUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT SAID GRANTOR,ITS SUCCESSORS AND ASSIGNS,SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND,OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF 500.00 FEET, FOR ANY PURPOSE WHATSOEVER, EXCEPT AS HEREINAFTER SPECIFICALLY RESERVED IN THE DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, RECORDED JUNE 5, 1973 IN BOOK 8197, PAGE 1083, OFFICIAL RECORDS. Assessor's Parcel No: 0275-231-48 thru 66 • • Description: San Bernardino,CA Dociaent-Year.DocID 2005.547214 Page: 5 of 5 Order: 725106817 Comment: t. 10 verned by, interpreted under, and construed and enforced in accordance with the internal laws of the State of California. 5.8 Entire Agreement: Amendment. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or added to except if in writing and signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 5.9 Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties may require. 5.10 Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 5.11 Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 5.12 Waiver. The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. 9 ault of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO EXHIBIT "B" SITE MAP 1 12 tes set forth under their respective signatures below,notwithstanding that this Agreement is dated for convenience and reference as of the date and year first written above. BUYER: SELLER: CITY OF GRAND TERRACE D&MJ If'f • • By: Mayor By: Dated: August ,2011 Dated: August ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace 1,40.,...,,,„;.,..,,,.. _ liti '''''' "-'!'.,,,-,2,,„ist' ,,.._/,..,,,, , i .-: /.40474 joilltosi' ,.• ifs +. f, ...j_ ,,;411.,:„ r* ,....,,,,:„.4,,,ti.„. t; ,...„-,„:,.-.. , . .,;-_:.:.!..,.-,,,Y.-,,,,,,..e.,••,),7,.,:;),..,....,....1. -,•-4,-*, ,,'.-g----...4.,-1';'; ./ - --, -:-.4,- .,4*-„_ ,,,_„ , . , i , „ ,.., „,.._ _.. . .... ,t. ,.. ,‘,..-4:q":1,... ` 4 ,>}''.. M'y.i s. <�. fi t, oire *11 ' ' - 4111)i44'4;A:k;4' ` P �� � �" i� : fir- ,� w # ' car, ge �: :A ' p . , • , :„ i��c ' . 'fit4_,' l-1::if-'..,i:,?::: - . ' ''''7-iti7-4C,:. ..-.'4.'"'" ' . . Hof�p "l, ,,., • � �' J t;, t 1W�� ,�,� :mot. � �,+eM � �j�R€ ,_ I ,� ..gym i ' tt� � •'-. ifilt '. ';::-' ...INIIIr'A?''_slitifi'Wfl • .1,5,,;„!: ,,:4'.1644-- ,*V 41*11111111%,:1,4,;'4.,,!, / ;'.*- , ,, . '• c - ihr /-- '';, . % .",.!: 11:1' .$ .R.,.r, .: „ .....-,k.„;,,•.„., :' illitir.1114mw '•' ''''•—•- .-- ..-:-.)4--„ *...,.-r-,* ,,, . „ .. ..-,rvit, 'eta �: sue.. - � �'�, O , t; ' ' .r •ilk I. -ti , A r �`y •� , .•'''''''''''''At''. ''-1 4.'..'.':;:41.,-,Aq''.'.-A'''14h. • - . ,'-'7',. .41W* ' _ ., .ifi. .: , • ter;';'''''.':'-C,‘:--./r"; '''''''.7 .4...,4,1."'''Vr4.-44,t..V.: •''''• ' Irt'• ii" ' •••14 + Y 3', /tit 4 ilk :, '"sue. �+' ;3. r 3;,.7- ,, 401, :I It,.4.A,141, Li , , . . ._ . . . : � ..... i .' 'life `" : r any purpose. No provision of this Agreement may be modified, waived, amended or added to except if in writing and signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 5.9 Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties may require. 5.10 Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 5.11 Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 5.12 Waiver. The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. 9 ault of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO Ilk Mountain i ih CALerand,eI "FORNa`eIA AG EN DA R E PO RT MEETING DATE: August 23, 2011 Council Item ( X ) CRA Item ( X ) TITLE: Request for Owner Participation Statements of Interest PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Review the adopted rules for Owner Participation and direct staff to notify affected parties of their opportunity to submit a Statement of Interest. BACKGROUND: On April 27, 2010, the Council and Agency jointly reviewed and adopted the Amended Redevelopment Plan, which included updated rules for Owner Participation for property owners, operators of business and business tenants. The adopted Rules are attached, (Attachment 1) which were written to implement requirements of the California Health and Safety Code, Section 33000 and the Redevelopment Plan. The purpose of the Owner Participation outreach is to extend reasonable preferences to and encourage participation by property owners, business owners and tenants in the development of a particular site before seeking development proposals from non- owners. Before the City or the Agency enters into an agreement with a non-owner or another owner who has submitted an unsolicited development proposal, those owners within the proposed project site area who may be affected must be notified of their opportunity to participate in the development of the area. The Rules define the process, beginning with an invitation to submit a Statement of Interest to develop the site or a participation proposal. A letter explaining the opportunity and a copy of the rules would be forwarded to the affected parties within the proposed project site area. The parties would be asked to return the Statement of Interest within 30 days. A Statement of Interest form is provided as Exhibit A of the attached rules. Any interested affected party need only complete and return this form to notify the City/Agency of their desire to submit a development proposal. DISCUSSION: As the City and Agency prepare to take steps to develop the area directly east of the I- 215, generally between Commerce Way and Pico Street, staff recommends that property owners, business owners and tenants within the proposed site area be notified COUNCIL AGENDA ITEM NO. BC, Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 5.11 Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 5.12 Waiver. The waiver of any breach of any provision hereunder by Buyer or Seller shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. 9 ault of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. In the 7 CONCERNING THE EFFECTS OF THIS WAIVER AND RELEASE ON BUYER'S RIGHTS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO of their opportunity to participate and requested to return Statements of Interest. A map of the proposed project area is attached to this report as Attachment 2. Within the proposed area, there are 22 parcels, nine of which are now owned by the City's Redevelopment Agency. The total proposed site area is approximately 95 acres, and the Agency-assembled parcels total approximately 58 acres. Of the privately-owned properties, two are occupied by businesses, A-American Storage and Essco Wholesale Electric, and four are occupied residential parcels. The owners of the 13 privately- owned parcels, the business owners, and the non-owner occupants of the residences will receive a notification letter and copy of the Owner Participation Rules. The draft mailing list is attached to this report as Attachment 3. In accordance with the Rules, after the 30-day response period, staff would acknowledge receipt of any Statements of Interest with a confirmation letter. The written acknowledgement does not obligate the City or the Agency to select, reach an agreement with, or to negotiate with any responding party. Any lack of response by a property owner or tenant is considered a waiver of their rights to be considered a Participant (Section 307). The letter of acknowledgement would also request that those who have submitted a Statement of Interest submit a more detailed Development Proposal within 45 days. Section 302 of the attached Owner Participation Rules describes the content of the Development Proposals, which shall include, but is not limited to, a construction, development and operating pro forma, a site plan, a business/operating plan, developer qualifications, a narrative description of the market support for the proposed project, and a summary of the economic benefits of the proposed project. In addition, the proposed uses must conform to the requirements, intent, goals, and objectives of the Redevelopment Plan, the City General Plan, and Zoning Code. Staff would be available to assist interested parties in meeting the proposal requirements. If the interested party does not submit a proposal within 45 days of the date of the request, or does not provide complete information, the process is then complete and considered terminated. Staff would provide a written summary of any Development Proposals received to assist the Council in evaluating them. Section 303 of the Rules describes the process and criteria for evaluation of any Development Proposals by the City and/or Agency. Through this process, the City and Agency reserve the right to accept, conditionally accept or reject any Development Proposal. Staff believes the Owner Participation notifications within the proposed site area may have been completed in the past, but due to the length of time that has elapsed and the possibility that ownerships may have changed, staff is recommending that the City/Agency offer a more current opportunity before seeking proposals from non- owners. If the Council is prepared to continue, staff will mail the packages within five working days of approval. The Owner Participation Rules that will be given to the parties also provide guidelines for any businesses displaced by a project to receive preferences in re-entering the project area (Section 400). At this time, it is not known whether businesses would actually be displaced by a future presently undefined project. TS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO FISCAL IMPACT: There is no fiscal impact other than staff time and certified mailing costs. Respectfully submitted: oyce Powers Community and Economic Development Director Manager Approval: . .47-r;• Bets . Adams, City Manager ATTACHMENT: 1. Owner Participation Rules 2. Map of the proposed project site area 3. Draft mailing list ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace Attachment No. 1 Owner Participation Rules time and certified mailing costs. Respectfully submitted: oyce Powers Community and Economic Development Director Manager Approval: . .47-r;• Bets . Adams, City Manager ATTACHMENT: 1. Owner Participation Rules 2. Map of the proposed project site area 3. Draft mailing list ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace GRAND TERRACE REDEVELOPMENT AGENCY 22795 Barton Rd, Grand Terrace, CA 92313 OWNER PARTICIPATION RULES FOR PROPERTY OWNERS, OPERATORS OF BUSINESS AND BUSINESS TENANTS Grand Terrace Community Redevelopment Project Area As Amended on January 12, 2010 ROSENOW SPEVACEK GROUP, INC. www.webrsg.com site area 3. Draft mailing list ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules TABLE OF CONTENTS I. (100) PURPOSE AND INTENT 1 II. (200) DEFINITIONS 1 III. (300) PROCEDURES FOR OWNER PARTICIPATION 3 (301) Solicitation of Participation by the Agency to Owners; Submission of Statement of Interest by Owners. 3 (302) Submission and Form of Development Proposals 3 (303) Agency Board Evaluation of Development Proposals Submitted by Owners 4 (304) Unsolicited Submittal of Statements of Interest and Development Proposals by Owners 6 (305) Concurrent Consideration of Development Proposal(s)Submitted by Non-Owners 6 (306) Negotiations Toward Execution of Owner Participation Agreement or Other Agreement 6 (307) Failure to Respond Waives and Relinquishes Owner Participation Rights 7 (308) Agency Action on Agreement for Development with Non-Owner; Limitations on Re-Opening Owner Participation Process 7 (309) Additional Regulations Pertaining to Owner Participation and Non-Owner Participation 8 (310) Solicitation of Owner Participation Not Required in Development of Owner's Property by an Owner and Certain Other Instances 8 IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES 8 (401) Notice to Displaced Businesses 8 (402) Agency Extension of Preferences 9 V. (500) PROCEDURE FOR AMENDING OWNER PARTICIPATION RULES 9 EXHIBIT A 10 EXHIBIT B 12 EXHIBIT C-Project Area Map 14 QRSG i qualifications, a narrative description of the market support for the proposed project, and a summary of the economic benefits of the proposed project. In addition, the proposed uses must conform to the requirements, intent, goals, and objectives of the Redevelopment Plan, the City General Plan, and Zoning Code. Staff would be available to assist interested parties in meeting the proposal requirements. If the interested party does not submit a proposal within 45 days of the date of the request, or does not provide complete information, the process is then complete and considered terminated. Staff would provide a written summary of any Development Proposals received to assist the Council in evaluating them. Section 303 of the Rules describes the process and criteria for evaluation of any Development Proposals by the City and/or Agency. Through this process, the City and Agency reserve the right to accept, conditionally accept or reject any Development Proposal. Staff believes the Owner Participation notifications within the proposed site area may have been completed in the past, but due to the length of time that has elapsed and the possibility that ownerships may have changed, staff is recommending that the City/Agency offer a more current opportunity before seeking proposals from non- owners. If the Council is prepared to continue, staff will mail the packages within five working days of approval. The Owner Participation Rules that will be given to the parties also provide guidelines for any businesses displaced by a project to receive preferences in re-entering the project area (Section 400). At this time, it is not known whether businesses would actually be displaced by a future presently undefined project. TS AND REMEDIES RELATED TO THE PROPERTY. 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules I. (100) PURPOSE AND INTENT These Owner Participation Rules have been promulgated to implement the requirements of the Community Redevelopment Law, California Health and Safety Code Section 33000, et. seq., and to implement the provisions of the Amended and Restated Redevelopment Plan ("Amended Plan") for the Grand Terrace Community Redevelopment Project Area, particularly with respect to participation by property owners ("Owner") and extension of reentry preferences to businesses in the Grand Terrace Community Redevelopment Project Area. The Grand Terrace Community Redevelopment Project Area ("Project Area") incorporates all the territory within the boundaries of the original Grand Terrace Community Project Area ("Original Area") as adopted on September 27, 1979, and the area added to the Original Area on July 15, 1981. These Owner Participation Rules shall be applicable to the Project Area, as it is currently proposed and as may be amended in the future. These rules have been formulated to provide a consistent and uniform procedure and process for owner participation and business reentry for the Project Area. The objectives of these Owner Participation Rules are: (i) to implement the owner participation process in connection with the Project Area by encouraging, soliciting, and, as to participants selected by the City of Grand Terrace Redevelopment Agency("Agency'), carrying out by Agreement, participation in redevelopment of the Project Area, and (ii) to extend and establish reasonable preference to persons who are engaged in business in the Project Area, if they are displaced by the Agency, to reenter in business within the Project Area should they be required to move as a result of a redevelopment project undertaken by the Agency. These Owner Participation Rules provide to Owners a reasonable opportunity to identify their interest in owner participation, to submit Development Proposals, to receive good faith consideration by the Agency of complete Development Proposals, and, as selected by the Agency, to participate in the redevelopment of the Project Area. These Owner Participation Rules also allow for negotiations for the redevelopment and participation in the Project Area by persons and entities other than Owners. II. (200) DEFINITIONS For the purposes of these Owner Participation Rules, the following terms shall have the following definitions: A. "Agency" means the City of Grand Terrace Redevelopment Agency, a public body, corporate and politic. B. "Agency Activities" means the acquisition of real property by the Agency or by a private party pursuant to an Agreement with the Agency. C. "Agreement" means and includes any Owner Participation Agreement, Disposition and Development Agreement, Affordable Housing Agreement, or any other agreement approved by the Agency Board of Directors under which the Agency commits to participate and/or provide financial assistance to a proposed redevelopment project. D. "Amended Plan" means the Amended and Restated Redevelopment Plan for the Grand Terrace Community Redevelopment Project Area. E. "Business" or"Businesses" mean any person, persons, corporation, association, partnership, limited liability company, or other entity lawfully engaged in business within the Project Area. F. "City" means the City of Grand Terrace, California, a municipal corporation. QRSG 1 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules G. "City Council" means the legislative body of the City of Grand Terrace. H. "Development Proposal" means a complete and detailed proposal for a development or redevelopment project or other participant proposal which is timely submitted to the Agency, in accordance with, and meeting the requirements of, Section 302 hereof. I. "Displaced Business" means a Business, which has been displaced by Agency notice and action in implementation of a public program or project in conformance with applicable laws. J. "Executive Director" means the Executive Director of the Agency, or his/her designee. K. "Implementation Plan" means the effective Five-Year Implementation Plan adopted by the City of Grand Terrace Redevelopment Agency, as may be further amended from time to time. L. "Non-Owner" means any person or entity who is not an Owner in the Project Area, but is interested in the submittal and consideration of a Development Proposal by the Agency. M. "Owner" or "Owners" mean any person, persons, corporation, association, partnership, limited liability company or other entity (a) holding fee title of record to real property in the Project Area, or (b) holding a proprietary interest in a cooperative housing project within the Project Area which includes the right to occupy a dwelling unit within the cooperative housing project. N. "Owner Participation Agreement" means a type of Agreement, which is entered into between the Agency and an Owner in accordance with the provisions of the Amended Plan and the Owner Participation Rules as set forth herein. O. "Owner Participation Rules" means these rules governing owner participation and reentry preferences in the Project Area. P. "Participant" means an Owner, which has entered into an Owner Participation Agreement with the Agency. Q. "Project Area" means the territory within the boundaries of the Grand Terrace Community Redevelopment Project Area including the original Grand Terrace Community Redevelopment Project Area adopted September 27, 1979, and the area added to the original Grand Terrace Community Redevelopment Project Area on July 15, 1981. R. "Statement of Interest" means a statement by an Owner that such Owner is interested in participating in the development or redevelopment of property or other form of participation within the Project Area. A Statement of Interest, whether solicited by the Agency or submitted by an Owner on its own initiative, must be in writing, and substantially in the form of the Owner's Statement of Interest to Participate which is attached and incorporated as Exhibit "A" to these Owner Participation Rules, and which may be updated from time to time by the Executive Director. S. "Statement of Interest in Business Reentry" means a statement by a displaced or potentially displaced Business that such Business is interested in reentry into the Project Area. A Statement of Interest in Business Reentry, whether solicited by the Agency or submitted by a Business on its own initiative, must be in writing, substantially in the form of the Statement of Interest in Business Reentry which is attached and incorporated as Exhibit "B" to these Owner Participation Rules, and which may be updated from time to time by the Executive Director. QRSG 2 rea. F. "City" means the City of Grand Terrace, California, a municipal corporation. QRSG 1 3 ge, use, transportation, spillage, leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules III. (300) PROCEDURES FOR OWNER PARTICIPATION Owners within the Project Area who desire to exercise their participation rights shall follow the procedures which are set forth in this Section III. (301) Solicitation of Participation by the Agency to Owners; Submission of Statement of Interest by Owners. A. Prior to entering into an Agreement with a Non-Owner, or with another Owner who has submitted an unsolicited proposal, for the development or redevelopment of a particular site within the Project Area, the Agency, through its staff, shall notify those Owners within the Project Area on whose property the project site is proposed, of the opportunity to submit a Statement of Interest for the development of the site, or other participation proposal. The Agency shall send written notice via certified or registered United States mail to those Owners whose property, within the Project Area, is the subject of the proposed development. Owners so notified by mail shall be given thirty(30) days, or any longer period as the Agency may specify in the notice, from the date the notice is mailed by the Agency to submit a Statement of Interest to the Agency. B. Not later than thirty (30) days after the end of the period set forth above in Section 301 for timely submittal of Statements of Interest, the Agency staff shall acknowledge receipt of the Statements of Interest by sending confirming letters to the Owners who have submitted such Statements of Interest. Such written acknowledgment does not and shall not obligate the Agency to select an Owner/applicant, or to ultimately reach agreement with any Owner/applicant, or to exclusively negotiate with any Owner/applicant. (302) Submission and Form of Development Proposals A. Owners who have timely submitted a Statement of Interest may submit a more detailed Development Proposal subject to the following time periods and procedures: i. Within forty-five (45) days after the date of mailing of the Agency confirmation letter acknowledging receipt of the Statement of Interest, any Owner who has timely submitted a Statement of Interest must submit to the Agency a Development Proposal if such Owner wishes to continue with the process. B. Development Proposals shall include the following: i. Construction and development pro forma, a site plan, a business/operating plan, developer qualifications, a narrative description of the market support for the proposed project, an operating pro forma, as applicable, and an explanation of the economic benefits of the proposed project to the Agency, the City, and the community. ii. The proposed uses must conform with the requirements, intent, goals, and objectives of the Amended Plan, the Implementation Plan, the City General Plan, any applicable redevelopment criteria specified by the Agency in the notice sent to Owners as provided in Section 301, zoning, other applicable development standards, and other applicable federal, state and local laws, codes and regulations. C. The Development Proposal submitted by an Owner may provide for an Owner to participate in substantially the same location as the Owner's present use, may provide for expansion of the Owner's present use by retaining all or portions of Owner's property and acquiring adjacent property, may provide for the Owner's participation in a location within the Project Area different from the location in which the Owner's property is currently located, or may QRSG 3 ng, discharge or disposal (whether accidental or intentional) of any toxic or hazardous substances, materials or wastes, including, without limitation, any hazardous material (as such terms are 2 > 0 m > CO CO CO CO Cfl CO 0 CO CO O CO CO CO CO CO CO CO CO CO GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules propose some other form of participation by the Owner in the redevelopment of the proposed development site. D. Owners shall provide such additional information as may be reasonably requested by the Executive Director and Agency staff. E. The Agency's staff will be available prior to the end of the 45 day deadline for submissions of Development Proposals to discuss owner participation, respond to questions, and assist Owners in the preparation of Development Proposals; provided that the Owner in all instances (and not the Agency staff) shall be responsible for the content, form, and preparation of any Development Proposal. F. The Agency, through its staff, will review Development Proposals upon receipt thereof, and shall notify Owners whether the Development Proposals submitted comply with the requirements of these Owner Participation Rules and have been determined to be complete or incomplete. In the event the Agency staff notifies an applicant submitting a Development Proposal that the Development Proposal is incomplete or that additional information is required, such applicant may be allowed fifteen (15) days from such Agency staff notification to complete and resubmit its Development Proposal. The failure to provide such additional information and resubmit the revised Development Proposal in a timely manner shall automatically disqualify such Development Proposal from any further consideration and shall be deemed a rejection by the Agency of such proposal. Notwithstanding the foregoing, initial Development Proposal submissions which do not include or address all of the required items may, in the discretion of the Agency Staff, be rejected without an opportunity for resubmission. (303) Agency Board Evaluation of Development Proposals Submitted by Owners A. The Agency Board shall consider in good faith and without discrimination all Development Proposals timely submitted by Owners (who previously also timely submitted a Statement of Interest), and determined by Agency staff to be complete, at a regular or special Agency meeting held at the earliest feasible time but not later than sixty (60) days after the conclusion of the Development Proposal submission period described in Section (302)(A) above and as may be extended pursuant to Section 302 (F). After consideration of the Development Proposals, the Agency Board may, in the exercise of its discretion, accept, conditionally accept, continue the item for additional review, or reject any or all Development Proposals submitted by Owners, and/or may select, if at all, a Development Proposal in accordance with this Section 303 and these Owner Participation Rules. B. In the exercise of its discretion, the Agency acknowledges that its primary purpose, objective, and duty is to carry out and implement the Amended Plan and to eliminate blight in the interest of the health, safety and welfare of the community. The Agency's decision to accept, conditionally accept, or reject any Development Proposal will be made in consideration of such purpose, objective, and duty. C. Development Proposals shall be evaluated by the Agency with consideration of factors determined by the Agency to be relevant in carrying out its duties to implement the Amended Plan and the Implementation Plan, which may include, but are not limited to, some or all of the following factors (the following factors are not listed in any particular order of ranking): i. Conformity of the Development Proposal, including proposed uses, with the requirements, intent, goals, and objectives of the Amended Plan, the Implementation Plan, the City General Plan, the Specific Plans, applicable QRSG 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules redevelopment criteria specified by the Agency in the notice sent to Owners as provided in Section 301, zoning, other development standards, and other applicable federal, state and local laws, codes and regulations; ii. Quality of design and project concept; iii. Whether the Owner has proposed participation in the same location as the proposed development site or in a different location; iv. The employment opportunities and economic benefits to the Agency and to the City which can be reasonably expected to result from the implementation of the Development Proposal; v. The qualifications of the Owner/applicant or its developer entity team proposed to develop the project described in the Development Proposal, including financial capacity to undertake the project, prior experience with similar development, quality of prior development projects, degree of site control, ability to obtain financing, ability to abide by Agency design standards and development controls, and readiness to proceed; vi. The estimated cost, if any, of City and/or Agency financial involvement, including the provision of City and/or Agency public services, subsidies, or public improvements required if the Development Proposal is accepted, and the availability of sufficient Agency and/or City funds to pay such costs; vii. The economic benefits to the Agency, the City, and the community, as determined by a cost/benefit analysis, if the Development Proposal were to be approved and the proposed project is implemented; viii. The effect of the Development Proposal on elimination of blighting conditions within the Project Area and the upgrading of uses; ix. The probability of successful implementation of the Development Proposal; x. The time schedule for completion of the proposed project; xi. The potential for displacement of persons and/or businesses and the need for relocation of Project Area residents, tenants, owners, or business operators in the implementation of the Development Proposal, and the need to create replacement housing for destroyed or removed housing units or projects; xii. The need for acquisition of interests in real property for the implementation of the Development Proposal, and the willingness of existing owners and holders of other property interests to sell such property; xiii. The environmental benefits or impacts of the proposed development, and evaluation of the cost and method of mitigation of such impacts, if any; xiv. The impact of the Development Proposal on existing buildings and improvements; and xv. The merits of the Development Proposal relative to the merits of other Development Proposals for the same proposed development site or for other sites in the Grand Terrace Community Redevelopment Project Area. QRSG 5 blight in the interest of the health, safety and welfare of the community. The Agency's decision to accept, conditionally accept, or reject any Development Proposal will be made in consideration of such purpose, objective, and duty. C. Development Proposals shall be evaluated by the Agency with consideration of factors determined by the Agency to be relevant in carrying out its duties to implement the Amended Plan and the Implementation Plan, which may include, but are not limited to, some or all of the following factors (the following factors are not listed in any particular order of ranking): i. Conformity of the Development Proposal, including proposed uses, with the requirements, intent, goals, and objectives of the Amended Plan, the Implementation Plan, the City General Plan, the Specific Plans, applicable QRSG 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules D. Nothing in the Owner Participation Rules shall obligate the Agency to select any Development Proposal. All costs associated with submitting a Statement of Interest and any subsequent Development Proposal shall be borne solely by the Owner or Non- Owner submitting such document(s). (304) Unsolicited Submittal of Statements of Interest and Development Proposals by Owners A. Under these Owner Participation Rules, Owners may submit Statements of Interest to the Agency on their own initiative, rather than through the solicitation of interest by the Agency as described in Section 302 above, even if the Agency has not notified Owners of a development opportunity on a proposed development site. B. Owners who have submitted a Statement of Interest under Section 304 (A) above will be notified by Agency staff within thirty (30) days of submittal of the Statement of Interest that such Owner may submit a Development Proposal to the Agency also at their own initiative, even if the Agency has not notified Owners of a development opportunity for a proposed development site. Except as otherwise provided in this Section 304, Development Proposals submitted pursuant to an unsolicited Statement of Interest shall be processed and evaluated in accordance with and subject to Sections 302 and 303. C. The Agency will not accept or consider untimely or unsolicited Statements of Interest and/or Development Proposals concerning real property in the Project Area for which the Agency has already selected an Owner or a Non-Owner for development or redevelopment of such particular site in conformity with these Owner Participation Rules. D. Submission of an unsolicited Statement of Interest or follow-up Development Proposal shall not obligate the Agency to select or approve any development plan, proposal or application. (305) Concurrent Consideration of Development Proposal(s)Submitted by Non-Owners A. Any Non-Owner may submit to the Agency a Development Proposal for the proposed development of property within the Project Area at the same time that Owners are submitting Development Proposals solicited by the Agency pursuant to these Owner Participation Rules. B. The Agency may, but is not required to, evaluate, consider, and take action on such Development Proposal(s) from one or more Non-Owners concurrently with its evaluation, consideration, and action on the Development Proposals solicited by the Agency and submitted by Owners under these Owner Participation Rules. (306) Negotiations Toward Execution of Owner Participation Agreement or Other Agreement The Agency shall use good faith efforts to negotiate toward and enter into a mutually acceptable Owner Participation Agreement (or other Agreement, as applicable) with the selected Owner or Non-Owner, as the case may be, whose Development Proposal has been selected or conditionally selected by the Agency Board, if any. Each Agreement shall contain provisions necessary to ensure that the Development Proposal will be carried out with such covenants, conditions and restrictions as the Agency reasonably requires. Each Agreement will require the selected Owner or Non-Owner, as applicable, to execute and record such further documents as the Agency may require in order to ensure conformance with the Community Redevelopment Law and other applicable laws, to provide record notice of covenants, conditions and restrictions which are imposed by the Agreement, and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules not lead to an Agreement within a reasonable time, the Agency may, in its discretion, select a different Development Proposal from among the prior submissions, may solicit new Development Proposals from those previously submitting Development Proposals, or may start the process anew. (307) Failure to Respond Waives and Relinquishes Owner Participation Rights Subject to the notice requirements of these Owner Participation Rules, an Owner who does not submit a Statement of Interest or a Development Proposal meeting the requirements of Section 302 and Section 303 above within the required time periods shall be deemed to have conclusively waived and relinquished any right of the Owner to be considered as an Owner or Participant with respect to a proposed development site pursuant to the Amended Plan and these Owner Participation Rules. (308) Agency Action on Agreement for Development with Non-Owner; Limitations on Re- Opening Owner Participation Process A. The Agency may enter into an Agreement with any Non-Owner for the development or rehabilitation of property implementing a Development Proposal submitted by a Non- Owner, after one of the following has occurred: i. The Agency has given notice of a development opportunity as set forth in Section 301 hereof and has received no Statements of Interest from Owners during the time period set forth in Section 301 for submission of Statements of Interest; or ii. The Agency has given notice of a development opportunity as set forth in Section 301 hereof and has received one or more Statements of Interest from Owners during the time period set forth in Section 301 for submission of Statements of Interest, but has received no Development Proposals during the time period set forth in Section 301 for submission of Development Proposals; or iii. The Agency has given notice of a development opportunity as set forth in Section 301 hereof and has received one or more Development Proposals from Owners for the specified site, and the Agency has considered and rejected all such Owner-submitted Development Proposals pursuant to Section 303 hereof. B. Any substantial changes in a Development Proposal from an Owner or a Non-Owner selected by the Agency subsequent to the selection of such Development Proposal shall not require or be construed to require the Agency to re-notify any Owners of property within the Project Area of the opportunity to submit or re-submit a Statement of Interest or a Development Proposal for the development of the site. Once the Agency has selected a Development Proposal from and entered into an Agreement with an Owner or a Non- Owner, or if negotiations with such Owner or Non-Owner do not lead to an Agreement, the Agency shall not be under any obligation or continuing obligation to re-offer the development opportunity to any Owner not selected by the Agency or to any other Owners or Non-Owners. The Agency advises and acknowledges that Development Proposals commonly are revised during the process of negotiating and implementing an Agreement, as further analysis is performed of the legal, economic, design, and other aspects of the proposed project. Such revisions do not re-open the Owner participation process under these Owner Participation Rules and do not entitle any other Owner or Non-Owner to receive an additional opportunity to participate in the development. QRSG 7 d restrictions which are imposed by the Agreement, and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules (309) Additional Regulations Pertaining to Owner Participation and Non-Owner Participation A. An Owner's or Non-Owner's opportunity to participate under these Owner Participation Rules is not and shall not be construed to constitute a right of first refusal or a right of first negotiation of any proposal or agreement. B. Time is of the essence in the submission of Statements of Interest and Development Proposals by Owners, and the Agency may enter into Agreements for the development and/or redevelopment of property without the need to consider Statements of Interest and Development Proposals which have not been timely submitted in accordance with the time periods set forth above and/or which do not meet the requirements for a complete Development Proposal as set forth herein. C. Nothing herein shall prevent or preclude the Agency from entering into an Exclusive Negotiation Agreement ("ENA") or similar agreement with any Owner and Non-Owner with respect to a development site, whether prior to or during the Owner Participation process. The entering into an ENA or similar agreement by the Agency shall not be, or construed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. (310) Solicitation of Owner Participation Not Required in Development of Owner's Property by an Owner and Certain Other Instances A. If an Owner desires to develop or rehabilitate its own property, no solicitation of Statements of Interest or Development Proposals from other Owners shall be required prior to the Agency entering into an Owner Participation Agreement (or other Agreement) with such Owner for the development or rehabilitation of the Owner's own property. B. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an agreement for the development of Agency- owned property. C. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an Agreement for the development or rehabilitation of real property outside of the Project Area. D. No solicitation of Statements of Interest or Development Proposals from Owners or Non- Owners shall be required prior to the Agency entering into a non-exclusive negotiation agreement or similar agreement with an Owner or Non-Owner. The entering into a non- exclusive negotiation agreement or similar agreement by the Agency shall not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules the Statement of Interest in Business Reentry in the Project Area which is attached and incorporated as Exhibit "B" to these Owner Participation Rules. Businesses so notified shall be given thirty (30) days from the date the notice is given by the Agency to submit a Statement of Interest to the Agency. (402) Agency Extension of Preferences The Agency shall exercise reasonable efforts to secure preferential rights for Displaced Businesses in Owner Participation Agreements or Disposition and Development Agreements which provide for the development of structures in which a Displaced Business might re-enter. Displaced Businesses which desire to pursue such reentry opportunities may negotiate directly with the owner of the property in which the reentry opportunity is located. The ability of a Displaced Business to re-enter will depend, in part, upon the ability of the Displaced Business to participate on the basis proposed by the owner of the property, including such factors as the ability to pay the requisite rent, the suitability of the proposed use of the Displaced Business for the development under consideration, the Displaced Business's readiness to proceed, and other factors. The Displaced Business also must conform to all applicable requirements of the Amended Plan. The preferences established by this Section IV shall not be construed to require the Agency to provide a subsidy or other financial assistance to such Displaced Businesses to enable them to reenter business in the Project Area. V. (500) PROCEDURE FOR AMENDING OWNER PARTICIPATION RULES The Agency may amend these Owner Participation Rules at a regular or special meeting. QRSG s (or other Agreement) with such Owner for the development or rehabilitation of the Owner's own property. B. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an agreement for the development of Agency- owned property. C. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an Agreement for the development or rehabilitation of real property outside of the Project Area. D. No solicitation of Statements of Interest or Development Proposals from Owners or Non- Owners shall be required prior to the Agency entering into a non-exclusive negotiation agreement or similar agreement with an Owner or Non-Owner. The entering into a non- exclusive negotiation agreement or similar agreement by the Agency shall not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules EXHIBIT A CITY OF GRAND TERRACE REDEVELOPMENT AGENCY OWNER'S STATEMENT OF INTEREST TO PARTICIPATE I hereby express my interest in participating in development or redevelopment of the following site (the "Site") within the Grand Terrace Community Redevelopment Project Area (the "Project Area") (See attached map) Please print or type information below: 1. Name: Telephone: 2. Fax: Email: 3. Address: 4. I am the record fee owner of the following property within the Site (Please provide street address of property): 5. I wish to participate in the proposed project on the Site as follows: ❑ I wish to construct a new building or other improvements on my present property. ❑ I wish to acquire property within the Project Area and construct a new building or other improvements on the property I acquire. (Identify proposed property below) ❑ I wish to acquire property within the Project Area for expansion of my current business or other use. (Identify proposed property and existing business/use below) ❑ I wish to rehabilitate/remodel my present property. ❑ I wish to acquire property within the Project Area and rehabilitate/remodel an existing building or other improvements on the property I acquire. (Identify proposed property below) ❑ I wish to sell my present property. ❑ Other- Please Describe: Location and description of property proposed to be acquired (If applicable): 6. Background, experience, and information concerning you and your proposal (you may include further information, including a site plan, construction and operating pro formas, business plan and other information relevant to your proposed activity, on additional sheets if you desire to do so, but such additional information is not required at this time): Q RSG io rty. B. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an agreement for the development of Agency- owned property. C. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an Agreement for the development or rehabilitation of real property outside of the Project Area. D. No solicitation of Statements of Interest or Development Proposals from Owners or Non- Owners shall be required prior to the Agency entering into a non-exclusive negotiation agreement or similar agreement with an Owner or Non-Owner. The entering into a non- exclusive negotiation agreement or similar agreement by the Agency shall not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules a) Generally describe your background and experience, particularly with respect to development of real property: b) Describe the development and redevelopment activities you propose and indicate your experience relevant to your proposal: Other remarks: 7. By my signature below: I acknowledge receipt of a copy of the Owner Participation Rules. The Owner Participation Rules and Reentry Preferences describe in detail when and how I may participate in the Project and the Agency's obligations with respect to my proposal. I understand that after I timely submit this Statement of Interest I will be required to submit a detailed "Development Proposal" within the time period specified in and conforming to the requirements of the Owner Participation Rules in order for my Development Proposal to be considered by the City of Grand Terrace Redevelopment Agency. I understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project, or obligate the City of Grand Terrace Redevelopment Agency to approve my proposal. I understand that I have no absolute right to participate in development or redevelopment of the Project Area. This Statement of Interest is presented to the Agency pursuant to the Owner Participation Rules and Reentry Preferences on the day of , 2 Signed: Print Name: Title (if applicable): Q RSG 11 cable): 6. Background, experience, and information concerning you and your proposal (you may include further information, including a site plan, construction and operating pro formas, business plan and other information relevant to your proposed activity, on additional sheets if you desire to do so, but such additional information is not required at this time): Q RSG io rty. B. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an agreement for the development of Agency- owned property. C. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an Agreement for the development or rehabilitation of real property outside of the Project Area. D. No solicitation of Statements of Interest or Development Proposals from Owners or Non- Owners shall be required prior to the Agency entering into a non-exclusive negotiation agreement or similar agreement with an Owner or Non-Owner. The entering into a non- exclusive negotiation agreement or similar agreement by the Agency shall not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules EXHIBIT B CITY OF GRAND TERRACE REDEVELOPMENT AGENCY STATEMENT OF INTEREST IN BUSINESS REENTRY IN THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AREA I hereby express my interest in reentering business within the Grand Terrace Community Redevelopment Project Area (the "Project Area") 1. Name: Telephone: 2. Fax: Email: 3. Address: 4. I am the owner of the following Business which may be or was displaced from the following site within the Project Area (the "Site") by notice and action of the City of Grand Terrace Redevelopment Agency (Identify name and address of displaced Business and location of the Site; attach map of the Site): 5. I wish to reenter business in the Project checked below as follows: ❑ I wish to be notified by the Agency of opportunities to lease finished rental space within the Project Area. ❑ I wish to be notified by the Agency of opportunities to purchase property within the Project Area. ❑ Other. Please Describe: 6. Background, experience, and information concerning you and your interest in reentering business within the Project Area. a) Generally describe business background and experience: 0 RSG 12 s and Reentry Preferences on the day of , 2 Signed: Print Name: Title (if applicable): Q RSG 11 cable): 6. Background, experience, and information concerning you and your proposal (you may include further information, including a site plan, construction and operating pro formas, business plan and other information relevant to your proposed activity, on additional sheets if you desire to do so, but such additional information is not required at this time): Q RSG io rty. B. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an agreement for the development of Agency- owned property. C. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an Agreement for the development or rehabilitation of real property outside of the Project Area. D. No solicitation of Statements of Interest or Development Proposals from Owners or Non- Owners shall be required prior to the Agency entering into a non-exclusive negotiation agreement or similar agreement with an Owner or Non-Owner. The entering into a non- exclusive negotiation agreement or similar agreement by the Agency shall not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 GRAND TERRACE REDEVELOPMENT AGENCY Owner Participation Rules b) Describe the business activities you propose and indicate your experience relevant to your proposal: c) Other remarks: 7. By my signature below: I acknowledge receipt of a copy of the Owner Participation Rules. My reentry in business in the Project Area, and the Agency's obligations with respect to my reentry, are subject to the requirements of and set forth in detail in the Owner Participation Rules. I understand that submission of this Statement of Interest in Business Reentry does not in any way obligate me to reenter business within the Site or the Grand Terrace Community Redevelopment Project Area, or obligate the City of Grand Terrace Redevelopment Agency to obtain a business opportunity for me. I understand that I have no absolute right to reenter business within the Project Area. Signed: Print Name: Title (if applicable): Date: CI RSG 13 se property within the Project Area. ❑ Other. Please Describe: 6. Background, experience, and information concerning you and your interest in reentering business within the Project Area. a) Generally describe business background and experience: 0 RSG 12 s and Reentry Preferences on the day of , 2 Signed: Print Name: Title (if applicable): Q RSG 11 cable): 6. Background, experience, and information concerning you and your proposal (you may include further information, including a site plan, construction and operating pro formas, business plan and other information relevant to your proposed activity, on additional sheets if you desire to do so, but such additional information is not required at this time): Q RSG io rty. B. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an agreement for the development of Agency- owned property. C. No solicitation of Statements of Interest or Development Proposals from Owners shall be required prior to the Agency entering into an Agreement for the development or rehabilitation of real property outside of the Project Area. D. No solicitation of Statements of Interest or Development Proposals from Owners or Non- Owners shall be required prior to the Agency entering into a non-exclusive negotiation agreement or similar agreement with an Owner or Non-Owner. The entering into a non- exclusive negotiation agreement or similar agreement by the Agency shall not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Attachment No. 2 Map of the proposed area 5 Barton Rd, Grand Terrace, CA 92313 OWNER PARTICIPATION RULES FOR PROPERTY OWNERS, OPERATORS OF BUSINESS AND BUSINESS TENANTS Grand Terrace Community Redevelopment Project Area As Amended on January 12, 2010 ROSENOW SPEVACEK GROUP, INC. www.webrsg.com site area 3. Draft mailing list ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace 0 �111 a S..)Nat . 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(400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4 Attachment No. 3 Draft Mailing List rea 5 Barton Rd, Grand Terrace, CA 92313 OWNER PARTICIPATION RULES FOR PROPERTY OWNERS, OPERATORS OF BUSINESS AND BUSINESS TENANTS Grand Terrace Community Redevelopment Project Area As Amended on January 12, 2010 ROSENOW SPEVACEK GROUP, INC. www.webrsg.com site area 3. Draft mailing list ,2011 Approved as to Form: John R. Harper, City Attorney 11 1 i Manager Approval: , '! l Bets dams City Manager ATTACHMENTS: Exhibit "A" and "B" Proposed MOU, Exhibit "C" of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace 1167-141-12-0000 1167-141-12-0000 1167-151-01-0000 TMS PROPERTIES LLC ESSCO WHOLESALE ELECTRIC GEOSUN LLC 4350 E. CAMELBACK RD, E250 22075 COMMERCE CENTER WAY 9475 BRIAR VILLAGE PT #300 PHOENIX,AZ 85018 GRAND TERRACE, CA 92313 COLORADO SPRINGS, CO 80920 1167-151-10-0000 1167-151-12-0000 1167-151-12-0000 JUDITH K HUBBS WILLIAM N JOHANSEN TRUST CURRENT RESIDENT 21875 DE BERRY STREET 1912 TURFWOOD DRIVE 21877 DE BERRY STREET GRAND TERRACE, CA 92313 PFAFFTOWN, NC 27040 GRAND TERRACE, CA 92313 1167-151-13-0000 1167-151-13-0000 1167-161-01-0000 WILLIAM N JOHANSEN TRUST CURRENT RESIDENT GEOSUN LLC 1912 TURFWOOD DRIVE 28199 DE BERRY STREET 9475 BRIAR VILLAGE PT.#300 PFAFFTOWN, NC 27040 GRAND TERRACE, CA 92313 COLORADO SPRINGS, CO 80920 1167-161-02-0000 1167-161-03-0000 1167-161-04-0000 GEOSUN LLC CURRENT RESIDENT CURRENT RESIDENT 9475 BRIAR VILLAGE PT #300 21992 DE BERRY STREET 21974 DE BERRY STREET COLORADO SPRINGS, CO 80920 GRAND TERRACE, CA 92313 GRAND TERRACE, CA 92313 1167-171-11-0000 1167-171-11-0000 1167-171-12-0000 ANTHONY&ANGELINE PETTA TR CURRENT RESIDENT GRAND TERRACE STORAGE PARTNER 11875 ETON DRIVE 21911 DE BERRY STREET 11560 TENNESSEE AVENUE GRAND TERRACE, CA 92313 GRAND TERRACE, CA 92313 LOS ANGELES, CA 90064 1167-171-12-0000 1167-181-01-0000 1167-181-07-0000 A-AMERICAN SELF STORAGE LAURENCE E HALVIN LEON S OLSZEWSKI TRUST 21971 DE BERRY STREET 21996 VAN BUREN STREET 12458 MICHIGAN STREET GRAND TERRACE, CA 92313 GRAND TERRACE, CA 92313 GRAND TERRACE, CA 92313 1167-181-12-0000 1167-181-13-0000 JAMES B HARBER JAMES B HARBER 1880 RIVERVIEW DRIVE 1880 RIVERVIEW DRIVE SAN BERNARDINO, CA 92408 SAN BERNARDINO, CA 92408 1 I-• I-• I-• I- I--t N NJ NJ NJ N v V V V V V v V V V V Q1 Q1 lin lin 1V' D AI O it W NJ F" I--1 1--� VI F" Fm Fil F" cn NO NJ NJ NJ 2 -w cn N W 01 01 In In I- In In A v O r F ' 1-+ F� t-► F-� F� 11 F� I ' F1 N N N F� N N N I" CP W W I" 00 N Fes+ 00 O A A O I" D C V C (gy(pp 73 70 70 70 73 70 73 73 73 70 70 70 73 70 73 70 5 '0 Q. Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E CD -0 W 0 D ToD To ToD D ToD To To To To ToD To -1 0 N CD j D a el fa) I--3 F+ I-4 O N O ? A 00 l0 O p p O 0 O o fD N Owl cow Lnn Ln V W N A W 01 w - A cro N (0 i l not be, or constructed to be, a prejudgment or pre-commitment concerning any Development Proposal or the selection of any Owner or Non-Owner for a development site. IV. (400) REENTRY PREFERENCES FOR DISPLACED BUSINESSES Persons who are engaged in businesses in the Project Area which have been displaced by Agency Activities and who have not otherwise been relocated pursuant to the Agency's Method of Relocation who desire to exercise their reentry preferences shall follow the procedures which are set forth in this Section IV. (401) Notice to Displaced Businesses The Agency shall notify any Businesses which are to be displaced by Agency Activities ("Displaced Businesses") of their right of reasonable preference to reenter in business within the Project Area. Such written request from the Business to re-enter shall be in writing and, substantially in the form of QRSG 8 and to provide security for the obligations of the selected Owner or Non-Owner. All Agreements with an Owner shall become effective only when executed by the Owner/Participant and duly approved by the Agency Board. If negotiations with the selected Owner or Non-Owner does QRSG 6 4