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10/25/2011 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING — OCTOBER 25, 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 October 25, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Chairman Lee Ann Garcia, Vice-Chairman Darcy McNaboe, Agency Member Bernardo Sandoval, Agency Member Gene Hays, Agency Member Betsy M. Adams, City Manager Tracey Martinez, City Clerk Bernie 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 ABSENT: Lt. Steve Dorsey, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:50 P.M. 1. APPROVAL OF 10-11-2011 MINUTES CRA-2011-53 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY VICE- CHAIRMAN GARCIA, CARRIED 5-0, to approve the October 11, 2011 Minutes. 2. UPDATE ON THE APPEAL OF THE AGENCY'S ABX1 27 VOLUNTARY ANNUAL PAYMENT TO THE STATE Community and Economic Development Director Joyce Powers gave an overview of the appeal of the Agency's ABX1 27 Voluntary Annual Payment to the State and reviewed the State Department of Finance's final remittance amount for Fiscal Year 2011-12 in response to the Agency's appeal. This is an information item and there is no action required of the Agency. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 7:35 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, November 8, 2011 at 6:00 p.m. CRA AGENDA ITEM NO. 1 Community Redevelopment Agency Minutes October 25, 2011 Page 2 SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace II.I. um! III, Grand Terrace AG E N DA R E PORT CALIFORNIA MEETING DATE: October 25, 2011 Council Item ( ) CRA Item ( X ) TITLE: Update on the Appeal of the Agency's ABX1 27 Voluntary Annual Payment to the State PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Review the State Department of Finance's final remittance amount for Fiscal Year 2011-12 in response to the Agency's appeal. BACKGROUND: On June 29, 2011, AB1X 26 and AB1X 27 became effective, which dissolved Redevelopment Agencies throughout the State and established a Voluntary Alternative Redevelopment Program, which permitted continuation of a Redevelopment Agency if certain payments were made annually to the State. On July 29, 2011, the State Department of Finance (DOF) published each Agency's remittance amount for this fiscal year, with the first payment due by January 15, 2012. Grand Terrace's remittance amount provided by DOF was $2,829,060. Appeals to the remittance amounts were accepted for certain circumstances, including two that impacted Grand Terrace's Agency, miscalculation of the Agency's tax increment in 2008-09 by the County of San Bernardino, and a decrease in net tax increment as a result of debt service for tax allocation bonds issued in May 2011. Any appeals were due to DOF by August 15, 2011. DISCUSSION: City staff and RSG, the Agency's financial consultant, prepared an appeal based on the details supporting the facts described above. DOF's responses to the appeals were due to the agencies by September 15, 2011, which was extended to October 15, 2011. At the writing of this report, a response letter had not yet been received from DOF, but the re-calculations based on review of the appeals have been posted. As a result of the successful presentation of the Agency's appeal, the Agency's remittance for 2011-12 has been revised to a final amount of $2,052,005, which represents a reduction of CRA AGENDA ITEM NO. Z 1Ivo $776,005. This final amount is slightly over the staff estimate included in the appeal, which was $1,984,303. There will be also corresponding reductions in the following fiscal years if the Agency continues to conduct its business under AB1X 27. This information is not included in the DOF posting, but may be in the response letter. Staff will provide this information to the Agency Board on October 27, 2011, if available. The State Supreme Court's decision on the challenges to the Assembly Bills is expected by January 15, 2011. FISCAL IMPACT: Dependent upon the Supreme Court's decisions, the Agency's remittance to the State under the Continuation Act would be reduced from approximately $2.8 million to $2 million. However, the Court's determination may either find the payments unconstitutional or dissolve California Redevelopment Agencies. Respectfully submitted: ‘41--/e-e- Pel-Waft--- oyce Powers, Community and Economic Development Director )21 Manager Approval: Bets . Adams, City Manager ATTACHMENTS: None to the remittance amounts were accepted for certain circumstances, including two that impacted Grand Terrace's Agency, miscalculation of the Agency's tax increment in 2008-09 by the County of San Bernardino, and a decrease in net tax increment as a result of debt service for tax allocation bonds issued in May 2011. Any appeals were due to DOF by August 15, 2011. DISCUSSION: City staff and RSG, the Agency's financial consultant, prepared an appeal based on the details supporting the facts described above. DOF's responses to the appeals were due to the agencies by September 15, 2011, which was extended to October 15, 2011. At the writing of this report, a response letter had not yet been received from DOF, but the re-calculations based on review of the appeals have been posted. As a result of the successful presentation of the Agency's appeal, the Agency's remittance for 2011-12 has been revised to a final amount of $2,052,005, which represents a reduction of CRA AGENDA ITEM NO. Z • The 61ue Nuunlain(tits • CALIGrand TerraceFORNIA AGENDA REPORT MEETING DATE: October 25, 2011 Council Item (X) CRA Item ( ) TITLE: Check Register No. 10-25-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for October 25, 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-)ox-) or temporary clearing accounts which do not have budgetary considerations. DISCUSSION: A total of $547,784.45 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. Payroll costs for the period amounted to $64,542.13 and are summarized below. Some of the non-routine items include: 67295 Northwest Child Care Pumpkin Patch Event $311.66 Distributors (Trust Account) 67302 Blue Shield of COBRA Health Insurance-Martinez Family $1,133.94 California 67308 Scholastic Book Child Care Book Fair Fundraiser $794.76 Fairs (Trust Account) COUNCIL AGENDA ITEM NO.3 p1 DISCUSSION: City staff and RSG, the Agency's financial consultant, prepared an appeal based on the details supporting the facts described above. DOF's responses to the appeals were due to the agencies by September 15, 2011, which was extended to October 15, 2011. At the writing of this report, a response letter had not yet been received from DOF, but the re-calculations based on review of the appeals have been posted. As a result of the successful presentation of the Agency's appeal, the Agency's remittance for 2011-12 has been revised to a final amount of $2,052,005, which represents a reduction of CRA AGENDA ITEM NO. Z 67318 Black&Veatch Sewer Study Services $1,706.65 Corp 67335 Johnson Power EOC Generator Repair $911.14 System 67338 Municipal Code Municipal Code Supplement $595.59 Corp Some the larger items include: 67307 Smothers Grand Crossings Appraisals/Reports $6,500.00 Appraisal 67314 Albert Webb September Town Square Construction $4,241.21 &Assoc. Management Services 67329 Harper& September Legal Services $7,112.50 Bums LLC 67344 S.B. Co. August, September, and October Law $462,675.00 Sheriff Dept Enforcement Services (3 invoices) Payroll costs processed for period ending September 30, 2011: Date Period Payroll and payroll costs 9/30/2011 Biweekly $64,542.13 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2011-12. Respectfully submitted, ,iki , Bernie Simon Finance Director he attached Check Register sections. Payroll costs for the period amounted to $64,542.13 and are summarized below. Some of the non-routine items include: 67295 Northwest Child Care Pumpkin Patch Event $311.66 Distributors (Trust Account) 67302 Blue Shield of COBRA Health Insurance-Martinez Family $1,133.94 California 67308 Scholastic Book Child Care Book Fair Fundraiser $794.76 Fairs (Trust Account) COUNCIL AGENDA ITEM NO.3 p1 DISCUSSION: City staff and RSG, the Agency's financial consultant, prepared an appeal based on the details supporting the facts described above. DOF's responses to the appeals were due to the agencies by September 15, 2011, which was extended to October 15, 2011. At the writing of this report, a response letter had not yet been received from DOF, but the re-calculations based on review of the appeals have been posted. As a result of the successful presentation of the Agency's appeal, the Agency's remittance for 2011-12 has been revised to a final amount of $2,052,005, which represents a reduction of CRA AGENDA ITEM NO. Z Manager Approval: Betsy . Adams City Manager ATTACHMENTS: Check Register—October 25, 2011 Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace e- C 0) V CO CO CO O N Ln O N V' CO Ln CO0 (n N O CO CO CO 0 CD CD h CO a- O a- N N CO CO N- CD (n a- CO CO CO LC) CO a- N V O co co CD co Cn a0 CO CO CO CO O CO N- (.6 CD CO a- At CO 6) CC) CO CO 0) r CO N c- ms CO co N- N N N. E O N Cn V - O N (n N ) CA Cn co (n () N a- CO CO a.". 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O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r PENDING CRY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING — OCTOBER 25, 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 October 25, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Tracey Martinez, 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 ABSENT: Lt. Steve Dorsey, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department The City Council meeting was opened at 6:00 p.m. with an Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilman Gene Hays. ITEMS TO ADD City Attorney Richard Adams, advised the City Council that the City received a letter from the City of Colton today that contains language indicating that there is a significant exposure to litigation and that it meets the legal criteria required per Government Code 54954.2(b) (2)to add an item to the Agenda and it would be appropriate to add the item to the Closed Session Agenda as an anticipated litigation matter pursuant to Government Code Section 54956.9(b)(1). The Council would have to make a motion and pass it by a two-thirds vote to add this one item of Anticipated Litigation to the Agenda under Closed Session. CC-2011-96 MOTION BY COUNCILMEMBER HAYS, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 4-0-1-0 (COUNCILMEMBER SANDOVAL WAS ABSENT), to add an Item to the Agenda under Closed Session- Anticipated Litigation per Government Code 54956.9(b)(1). One potential case: City of COUNCIL AGENDA ITEM NO.3C; < Li- H z O W D ✓ 13 co w H Z J W w 0 w O W 0 Z u) z i g Q W g co Z H H z H rn 0 00 - 0 aOuWWJW W W W O -0 .N Z w a w W 0 Q > < H > o 0 U 0 a) 0 u- '- > z w > co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Council Minutes 1012512011 Page 2 Colton SPECIAL PRESENTATIONS 2A. Presentation—Grand Terrace Chamber of Commerce Business of the Month Sally McGuire, President Grand Terrace Area Chamber of Commerce announced that Dance Dimensions is being recognized as the Business of the Month. Ms. Sheree, Dance Dimensions, thanked the Chamber of Commerce for the award and gave a brief overview of their programs and the competitions that they participate in. CONSENT CALENDAR CC-2011-97 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER SANDOVAL WAS ABSENT), to approve the following Consent Calendar Items: 3A. Approve Check Register No. 10-25-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-11-2011 Minutes 3D. Repeal Resolution No. 88-10 Appointing John R. Harper as City Attorney 3E. Notice of Completion for the Second Baseball Field at Pico Park 3F. Historical and Cultural Activities Committee Minutes of September 6, 2011 PUBLIC COMMENT Sally McGuire, reported that Assemblyman Mike Morrell will be holding their first Annual 63rd Assembly District Top Chamber Business Awards Luncheon on November 10, 2011. She announced that the Grand Terrace Area Chamber of Commerce chose Wilden Pump, City News Group, New To You, Darwin Enterprises and Burt's Jewerly & Repair. 55 Businesses have been chosen to attend and one will be chosen top Chamber Business of the Year. She indicated that the Loma Linda Chamber of Commerce chose a Grand Terrace Business,Academic Learning Associates, as one of the businesses to be recognized at the event. She announced that there is a new Bier Garden in Town and there will be a ribbon cutting ceremony on Saturday, October 29, 2011 at 4:00 p.m. She thanked Low Brow Ink for hosting the Breast Cancer Awareness Event at their business. ABSENT), to add an Item to the Agenda under Closed Session- Anticipated Litigation per Government Code 54956.9(b)(1). One potential case: City of COUNCIL AGENDA ITEM NO.3C; < Li- H z O W D ✓ 13 co w H Z J W w 0 w O W 0 Z u) z i g Q W g co Z H H z H rn 0 00 - 0 aOuWWJW W W W O -0 .N Z w a w W 0 Q > < H > o 0 U 0 a) 0 u- '- > z w > co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Council Minutes 10/25/2011 Page 3 Debbie Earle, reported that the Zumbathon that the Woman's Club held was a great event. They made over $3,000.00 to go towards breast cancer research. COUNCIL REPORTS Councilmember Gene Hays, feels that the Crime is low in Grand Terrace compared to other cities, however, he feels that residents need to keep a look and be vigilant when out and about in the City. Councilmember Darcy McNaboe, referred to an article in the Press Enterprise reporting that two taggers were caught painting the Union Pacific Bridge. She thanked the Sheriffs Department for their efforts. She thanked Maria Fraser for putting on the Zumba-thon to raise money for breast cancer research. She also thanked Jason from Low Brow Ink for his breast cancer fundraising efforts. She congratulated Tracey Martinez for being appointed as City Clerk. She thanked CERT for providing information on emergency preparedness on October 20th. She welcomed the new City Attorney, Richard Adams. She reported that she attended a Legislative Summit in Riverside. It consisted of Assembly members from mostly the Riverside Region, however, they are taking a focus on the region in general and looking at the issues of water, transportation, and education. The key note speaker was the Lt. Governor Gavin Newsom. He shared his vision on how the State can move towards a better brighter future instead of being stuck in the glory days. He spoke about ways to attract businesses to the State. She looks forward to seeing if he can put his plan into action. Mayor Pro Tern Lee Ann Garcia, encouraged residents to report suspicious activity. Staff needs to be told so that there is an awareness of what is going on and what areas may need to be addressed. She also welcomed Richard Adams, new City Attorney. She requested that staff keep the residents informed on items that will be helpful as the weather starts to change. She reported that the Halloween Festival will be held on October 31, 2011 from 5:30 to 7:30 at the Richard Rollins Park. She indicated that they still need volunteers to help out with the event. They will have several fun activities for the family. The Annual Country Fair will be held on November 5, 2011 at the Lion's Community Center. Mayor Walt Stanckiewitz, reported that October 20th was the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Council Minutes 10/25/2011 Page 4 UNFINISHED BUSINESS - 7A. Update on Responses to Noise Complaints from Insomniac's Nocturnal Wonderland Event at the National Orange Show on September 23-24, 2011 City Manager Betsy Adams, gave an update on the response to the noise complaints as a result of the event that took place at the National Orange Show on September 23—24, 2011. She reported that the Sheriffs Department is prepared to issue disturbing the peace citations, if needed, at the upcoming event that is scheduled to be held at the Orange Show on October 29, 2011. She indicated that she and Mayor Pro Tem Garcia will be attending the National Orange Show Board Member meeting on Thursday, October 27, 2011 to confirm that they have made efforts to mitigate the noise issues. NEW BUSINESS 8A. Purchase of 16 Shares of Riverside Highland Water Company Water Stock from Bourns, Inc. to Reduce the City's Costs of Irrigating Public Facilities Councilmember Hays, indicated that he feels that the word "impertinent" under item B in the recitals should be changed to "appurtenant". CC-2011-98 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE, CARRIED 4-0-1-0 (COUNCILMEMBER SANDOVAL WAS ABSENT), to approve a Purchase and Sale Agreement between the City of Grand Terrace and Bourns, Inc. for 16 Shares of water stock at a cost of $100.00 per share with the correction of the word impertinent to appurtenant under item B in the recitals and Authorize the City Manager to execute the Agreement and complete all actions required to complete the water stock transfer. 8B. Co-sponsorship Agreement with the Foundation of Grand Terrace for Community Events Councilmember McNaboe indicated that she will be abstaining from voting on this item due to the fact that she is a signer on the Agreement as the President of the Foundation of Grand Terrace. CC-2011-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 3-0-0-2 (COUNCILMEMBERS SANDOVAL AND MCNABOE ABSTAINED), to approve the Co-sponsorship Agreement between the City of Grand Terrace and the Foundation of Grand Terrace and authorize the Finance Director to disburse funds from the City's Events Trust as the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Council Minutes 10/25/2011 Page 5 Fund account to the Foundation for costs directly related to Community Day 2012, up to $4,000.00. Mayor Stanckiewitz recessed the City Council Meeting at 6:50 p.m. The City Council Meeting was reconvened at 6:55 p.m. CLOSED SESSION 9A. Anticipated Litigation per Government Code 54956.9(b) (1) The City Council recessed into Closed Session at 6:55 p.m. The City Council Meeting was reconvened at 7:32 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session concerning communications from the City of Colton and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 7:35 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, November 8, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace 1,,riot l!ounlniil fih Grand felra`e AGENDA REPORT CALIFORNIA MEETING DATE: October 25, 2011 Council Item ( X ) CRA Item ( ) TITLE: Repeal Resolution No. 88-10 Appointing John R. Harper as City Attorney PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Approve resolution to repeal Resolution No. 88-10. BACKGROUND: On July 14, 1988, the City Council approved Resolution No. 88-10 which appointed John R. Harper as City Attorney for Grand Terrace, as shown in Attachment A. In this role, Mr. Harper served as both the City's and the Agency's attorney. This resolution was done in lieu of a written agreement for legal services with Harper & Burns, LLP. On September 27, 2011, the City Council and Agency Board approved an agreement with Jones & Mayer to provide legal services for the City and Agency respectively. To provide a smooth transition of legal services from Harper & Burns, LLP to Jones & Mayer, the schedule below has been followed: Date Activity September 27 • Council approved agreement with Jones & Mayer with services to begin on October 25. September 29 • Jones & Mayer began interviews with City Council, City Manager and Senior Staff. October 11 • Last Council Meeting for Harper & Burns, LLP which provided legal services to Grand Terrace through October 24. October 25 • Council repeals Resolution No. 88-10 appointing John H. Harper as City Attorney. • First Council Meeting for Jones & Mayer. November 3 • First Planning Commission Meeting for Jones & Mayer. COUNCIL AGENDA ITEM NO.3) and Terrace for Community Events Councilmember McNaboe indicated that she will be abstaining from voting on this item due to the fact that she is a signer on the Agreement as the President of the Foundation of Grand Terrace. CC-2011-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 3-0-0-2 (COUNCILMEMBERS SANDOVAL AND MCNABOE ABSTAINED), to approve the Co-sponsorship Agreement between the City of Grand Terrace and the Foundation of Grand Terrace and authorize the Finance Director to disburse funds from the City's Events Trust as the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r • Rescind Resolution No. 88-10 October 25, 2011 Page 2 DISCUSSION: The final step for Jones & Mayer to officially represent Grand Terrace requires the City Council to approve the recommended resolution, as shown in Attachment B, which repeals Resolution No. 88-10 appointing John R. Harper as the City Attorney. As part of the agreement for legal services, Jones & Jones & Mayer designated the following attorneys for Grand Terrace: Attorney Responsibility Richard L. Adams II City Attorney Ivy M. Tsai Assistant City Attorney Kimberly Hall Barlow Agency Counsel Upon the approval of the recommended resolution, Richard L. Adams II of Jones & Mayer becomes the City Attorney and will provide legal representation for the City and the Agency at all meetings of the respective bodies. Kimberly Hall Barlow, Agency Counsel, will attend Agency Board meetings when needed and Ivy M. Tsai, Assistant City Attorney, will attend all Planning Commission Meetings. FISCAL IMPACT: There is no fiscal impact in approving the recommended resolution which repeals Resolution No. 88-10. Respectfully submitted: Betsy . Adams, City Manager ATTACHMENTS: Attachment A: Resolution No. 88-10 Attachment B: Resolution Repealing Resolution No. 88-10 through October 24. October 25 • Council repeals Resolution No. 88-10 appointing John H. Harper as City Attorney. • First Council Meeting for Jones & Mayer. November 3 • First Planning Commission Meeting for Jones & Mayer. COUNCIL AGENDA ITEM NO.3) and Terrace for Community Events Councilmember McNaboe indicated that she will be abstaining from voting on this item due to the fact that she is a signer on the Agreement as the President of the Foundation of Grand Terrace. CC-2011-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 3-0-0-2 (COUNCILMEMBERS SANDOVAL AND MCNABOE ABSTAINED), to approve the Co-sponsorship Agreement between the City of Grand Terrace and the Foundation of Grand Terrace and authorize the Finance Director to disburse funds from the City's Events Trust as the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Attachment A Resolution No. 88-10 Fund account to the Foundation for costs directly related to Community Day 2012, up to $4,000.00. Mayor Stanckiewitz recessed the City Council Meeting at 6:50 p.m. The City Council Meeting was reconvened at 6:55 p.m. CLOSED SESSION 9A. Anticipated Litigation per Government Code 54956.9(b) (1) The City Council recessed into Closed Session at 6:55 p.m. The City Council Meeting was reconvened at 7:32 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session concerning communications from the City of Colton and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 7:35 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, November 8, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace RFSOLIUTION NO. 8- 1f1 A RESOLUTION OF THE CITV OOIINC Ir OF THE CIF' liE GRAND TERRACE RESCIND:NG RESOLUTION NO. 8r - AND APPOINTING JOHN R . HARPER AS CITY ATTORNEY WHEREAS , Section 36505 of the Government Code provides ' or the appointment of a City Attorney ; NOW, THEREFORE, the City Council of the City of Grand Terrace DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as fellows : Section 1 . Rescission - That Resolution No . 80-52 is hereby rescinded in its entirety . section 2 . That said City Council hereby appoints John R . Harper as the City Attorney for the City of Grand l'errac_e . ADOPTED this 14th day of July , 1 ( 88 . ATTEST: Y i1 , Ty / l�C�"it_ _ 'yam �� i'h J , �, I,,eputy City clerk of the City Mayo of f e City of Grand of Grand 'Terrace and of the Ter, ace of the City Council City Council thereof . thereof . I , JUANITA BROWN, Deputy City Clerk of the City of Grand Terrace , DC HEREBY CERTIFY, that the foregoing Resolution was duly adopted by the City Council of said City at a regular meet- ing of the City Council held on the 14th Jay of July , ")88 , and that it was so adopted by the following vote : AYES : Councilmembers Pfennighausen , Gr2nt , Evans , Shirley ; Mayor Matteson NOES : None ABSTAIN : Nore ABSENT : None Deputy fl : 'y Clerk Approved a to form : I ining from voting on this item due to the fact that she is a signer on the Agreement as the President of the Foundation of Grand Terrace. CC-2011-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 3-0-0-2 (COUNCILMEMBERS SANDOVAL AND MCNABOE ABSTAINED), to approve the Co-sponsorship Agreement between the City of Grand Terrace and the Foundation of Grand Terrace and authorize the Finance Director to disburse funds from the City's Events Trust as the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Attachment B Resolution Repealing Resolution No. 88-10 ount to the Foundation for costs directly related to Community Day 2012, up to $4,000.00. Mayor Stanckiewitz recessed the City Council Meeting at 6:50 p.m. The City Council Meeting was reconvened at 6:55 p.m. CLOSED SESSION 9A. Anticipated Litigation per Government Code 54956.9(b) (1) The City Council recessed into Closed Session at 6:55 p.m. The City Council Meeting was reconvened at 7:32 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session concerning communications from the City of Colton and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 7:35 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, November 8, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace . RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REPEALING RESOLUTION NO. 88-10 IN ITS ENTIRETY THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Resolution No. 88-10 appointing John R. Harper as the City Attorney is hereby repealed in its entirety. APPROVED AND ADOPTED THIS 25th day of October, 2011. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and and of the City Council thereof of the City Council thereof I TRACEY R. MARTINEZ, Interim City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 25th day of October, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Approved as to form: City Attorney Interim City Clerk Grand of Grand 'Terrace and of the Ter, ace of the City Council City Council thereof . thereof . I , JUANITA BROWN, Deputy City Clerk of the City of Grand Terrace , DC HEREBY CERTIFY, that the foregoing Resolution was duly adopted by the City Council of said City at a regular meet- ing of the City Council held on the 14th Jay of July , ")88 , and that it was so adopted by the following vote : AYES : Councilmembers Pfennighausen , Gr2nt , Evans , Shirley ; Mayor Matteson NOES : None ABSTAIN : Nore ABSENT : None Deputy fl : 'y Clerk Approved a to form : I ining from voting on this item due to the fact that she is a signer on the Agreement as the President of the Foundation of Grand Terrace. CC-2011-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 3-0-0-2 (COUNCILMEMBERS SANDOVAL AND MCNABOE ABSTAINED), to approve the Co-sponsorship Agreement between the City of Grand Terrace and the Foundation of Grand Terrace and authorize the Finance Director to disburse funds from the City's Events Trust as the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r I f:.I'In 11N main i III claCALIm ofeI I1CfIA AG E N D A REPORT POftN MEETING DATE: October 25, 2011 Council Item (X) CRA Item ( ) TITLE: Notice of Completion for the Second Baseball Field at Pico Park PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the attached Notice of Completion for the recently completed baseball field at Pico Park. BACKGROUND: On January 4, 2011, the City Council awarded Rock Bottom, Inc. the contract to develop a second baseball field at Pico Park, and the Notice to Proceed was issued January 13, 2011. DISCUSSION: Construction of the project was completed in June, and the Notice of Completion was held to ensure the turf areas met specifications. Staff is now recommending that the Council approve the attached Notice of Completion dated October 6, 2011. FISCAL IMPACT: The total construction budget with change orders is $403,026.09, which was funded by the Redevelopment Agency. Respectfully submitted, ilY6e-'4//e2'e'l-i Joyce Powers Community and Economic Development Director Manager Approval: ,X ., �� Betsy damity Manager ATTACHMENT: Notice of Completion COUNCIL AGENDA ITEM NO.3 a regular meet- ing of the City Council held on the 14th Jay of July , ")88 , and that it was so adopted by the following vote : AYES : Councilmembers Pfennighausen , Gr2nt , Evans , Shirley ; Mayor Matteson NOES : None ABSTAIN : Nore ABSENT : None Deputy fl : 'y Clerk Approved a to form : I ining from voting on this item due to the fact that she is a signer on the Agreement as the President of the Foundation of Grand Terrace. CC-2011-99 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER HAYS, CARRIED 3-0-0-2 (COUNCILMEMBERS SANDOVAL AND MCNABOE ABSTAINED), to approve the Co-sponsorship Agreement between the City of Grand Terrace and the Foundation of Grand Terrace and authorize the Finance Director to disburse funds from the City's Events Trust as the Great Shake Out and that it is a perfect reminder to go out and purchase new emergency supplies and get rid of the old items. PUBLIC HEARINGS - None co- > 0 c � Zoz cn - zWW Dw ° ~ vamaw2 +� � w op - u- uu)ju) - QF- = oI= 1- U = J w o ? U J U W Z J Z a m 0 CO ZIT (� °) QQ H CC 00 J W000 +_> L9 3 WZ W O Y N O H Il U Q H 2 d W H U Q. O — 3 W H H Q CO tt < < W Q O � Y 1-< U. 0 (n cn a_ Q < O H (_ 2 U J m (n ca 0 0 0 O Z O - N cnN- CJ _U) CO ) O N CO d' CO 1 N CO V' N N N N st V' CO M M 0 U- 0 etN N lO CO 0) O O 0 0.0 N- IN. IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Recorded In Official Records,County of San Bernardino 10CI1182AOM RECORDING REQUESTED BY: a'" DENNIS DRAEGER IiS CITY OF GRAND TERRACE ASSESSOR — RECORDER— CLERK V- WHEN RECORDED MAIL TO: P Counter CITY OF GRAND TERRACE Doc#: 2011-0425764 Titles: 1 Pages: 1 22795 BARTON ROAD Fees e.ee GRAND TERRACE, CA 92„313 IIIIIIIIIIIII�IIIIIIIIIIIIII s pRID se.ee ATTENTION: 11N SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Grand Terrace 3, The full address of the owner is 22795 Barton Road Grand Terrace, CA 92313 4. The nature if the interest or estate of the owner is; In fee. (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lease") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants in common are: " NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on 10-06-2011 . The work done was. Basp1k,11 Fiplrl Grading, Tanrlscap_p,_Trri.atipn 'attd_ sighting at Pico Park 7. The name of the contractor, if any, for such work of improvement was Rock Bottom, Inc. January 4, 2011 (If no contractor for work of improvements as a whole, insert "none") (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Grand Terrace County of San Rprnarrdino , State of California, and is described as follows: Pico Park 9. The street address of said property is 21950 Pico Street Grand Terrace ,CA 92313 (If no street address has been officially assigned, insert "none") Dated: /0 //—r) . /' P ,�-e-t. _ Signatur of owner or corporate officer of owner named in para• aph 2 of his agent : �Ow2 VERIFICATION I, the undersigned,say: I am the Manager of the declarent of the foregoing notice of completion, ("President of', "Manager of", "Owner of", etc. I have read said notice of completion and know the contents-thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 12. , IKK 2011 , at Grand Terrace , California. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r hi 14,tluunlein Cih craniaCALI TerraceFORNIA AG E N DA REPORT MEETING DATE: October 25, 2011 Council Item ( X ) CRA Item ( ) TITLE: Update on Response to Noise Complaints from Insomniac's Nocturnal Wonderland Event at the National Orange Show on September 23-24, 2011 PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Receive information and provide further direction to staff, if needed. BACKGROUND: On September 23-24, Insomniac staged a two-day electronic dance concert, Nocturnal Wonderland, at the National Orange Show (NOS) in San Bernardino which resulted in over 75 noise complaints from Grand Terrace residents. A Council Workshop was held on October 11 to provide an update on efforts to mitigate the noise from future events at the NOS. Council received information from staff, City and Sheriff's Department, through a PowerPoint presentation (Attachment A). Council also received information from Insomniac through a letter sent via e-mail late in the afternoon of October 11 (Attachment B). Council Member McNaboe provided hard copies of this letter at the Workshop. In addition, San Bernardino Council Member Tobin Brinker attended the Workshop to provide oral information on his work with Insomniac to reduce noise impacts in Ward 3. The information provided by staff at the October 11 Workshop detailed a 2-part response to the NOS noise complaints: 1. Urge the NOS and the City of San Bernardino to be good neighbors by addressing the cause of Grand Terrace's noise complaints. 2. Determine who can issue disturbing the peace citations for future NOS events which generate noise complaints in Grand Terrace. Staff provided information on the various contacts and meetings with the NOS and the City of San Bernardino along with the good news of the Sheriffs Departments intent to issue disturbing the peace citations (Penal Code 415) if the San Bernardino Police COUNCIL AGENDA ITEM NO. 7A sert "none") Dated: /0 //—r) . /' P ,�-e-t. _ Signatur of owner or corporate officer of owner named in para• aph 2 of his agent : �Ow2 VERIFICATION I, the undersigned,say: I am the Manager of the declarent of the foregoing notice of completion, ("President of', "Manager of", "Owner of", etc. I have read said notice of completion and know the contents-thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 12. , IKK 2011 , at Grand Terrace , California. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Update on NOS Noise Complaints October 25, 2011 Page 2 Department did not do so. It was the consensus of those present at the Workshop that Insomniac and the NOS were going to make a genuine effort to mitigate noise that could be created by the Escape from Wonderland electronic dance concert scheduled for October 29. In addition, staff was directed to do the following: 1. Provide an update on noise mitigation efforts for Insomniac's Escape from Wonderland event scheduled for October 29 at the NOS. 2. Send a letter to Insomniac, the NOS Board of Directors, and the City of San Bernardino emphasizing the need for noise to be mitigated at future electronic dance concerts at the NOS. 3. Attend the NOS Board Meeting on October 27 to reiterate the need for noise to be mitigated at future electronic dance concerts at the NOS. DISCUSSION: Since the October 11 Workshop, the following has occurred with regard to the City's efforts to ensure that noise will be mitigated at future NOS events and specifically at Insomniac's Escape from Wonderland event scheduled for October 29: • On October 12, Sgt. Finneran attended the first of two event planning meetings at the NOS for Escape from Wonderland where various suggestions were considered to mitigate noise at the upcoming event. After this meeting, Sgt. Finneran had the opportunity for an additional conversation with Pasquale Rotella, Insomniac's Founder/Chief Executive Officer, and received Mr. Rotella's personal assurance that noise would be mitigated. • On October 12, Shari Radborn Controller for the NOS confirmed with the City Manager that representatives from the City would be able to briefly address the NOS Board of Directors at the beginning of the October 27 Board Meeting. • On October 15, while at an event at the NOS, Mayor Stanckiewitz had separate conversations with Mr. Rotella and with the General Manager for the NOS, Dan Jimenez, on the need to mitigate noise at future electronic dance concerts. He received verbal assurances from both men that every effort would be made to mitigate noise. • On October 20, the Mayor signed a letter to Mr. Rotella, with copies to the NOS and the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Update on NOS Noise Complaints October 25, 2011 Page 3 • On October 27, Sgt. Finneran will attend the second event planning meeting at the NOS for Escape from Wonderland. • On October 27, Mayor Pro Tern Garcia will accompany staff, Sgt. Finneran and the City Manger, to the NOS Board Meeting where Grand Terrace will acknowledge efforts to mitigate noise for the Escape from Wonderland event and the importance of these efforts coming to fruition. And finally, on the evening of October 29, Lt. Dorsey and Sgt. Finneran will monitor the noise in Grand Terrace from the Escape from Wonderland event and are prepared to issue disturbing the peace citations, if needed. FISCAL IMPACT: There is no fiscal impact due to providing this update on noise complaints due to Insomniac events at the National Orange Show. Respectfully submitted: f — ,7.c? Betsy . Adam , City Manager ATTACHMENTS: Attachment A: PowerPoint Presentation from October 11, 2011 City Council Workshop Attachment B: Letter dated October 11, 2011 from Pasquale Rotella with Insomniac to City of San Bernardino Mayor Pat Morris Attachment C: Letter dated October 20, 2011 from Mayor Walt Stanckiewitz to Pasquale Rotella with Insomniac se at the upcoming event. After this meeting, Sgt. Finneran had the opportunity for an additional conversation with Pasquale Rotella, Insomniac's Founder/Chief Executive Officer, and received Mr. Rotella's personal assurance that noise would be mitigated. • On October 12, Shari Radborn Controller for the NOS confirmed with the City Manager that representatives from the City would be able to briefly address the NOS Board of Directors at the beginning of the October 27 Board Meeting. • On October 15, while at an event at the NOS, Mayor Stanckiewitz had separate conversations with Mr. Rotella and with the General Manager for the NOS, Dan Jimenez, on the need to mitigate noise at future electronic dance concerts. He received verbal assurances from both men that every effort would be made to mitigate noise. • On October 20, the Mayor signed a letter to Mr. Rotella, with copies to the NOS and the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Attachment A PowerPoint Presentation from October 11, 2011 City Council Workshop or costs directly related to Community Day 2012, up to $4,000.00. Mayor Stanckiewitz recessed the City Council Meeting at 6:50 p.m. The City Council Meeting was reconvened at 6:55 p.m. CLOSED SESSION 9A. Anticipated Litigation per Government Code 54956.9(b) (1) The City Council recessed into Closed Session at 6:55 p.m. The City Council Meeting was reconvened at 7:32 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session concerning communications from the City of Colton and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 7:35 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, November 8, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace Response to Noise Complaints Insomniac's Nocturnal Wonderland National Orange Show September 23-24, 2011 Background • Insomniac held Nocturnal Wonderland, electronic dance concert (rave), at National Orange Show (NOS) on September 23-24. • Sheriff's Department received in excess of 75 noise complaints from Grand Terrace and Loma Linda due to this NOS event. 1 32 p.m. Mayor Stanckiewitz announced that the Council met in Closed Session concerning communications from the City of Colton and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 7:35 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, November 8, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace Additional Background • Residents also made noise complaints to San Bernardino Police Department (SBPD) which provides law enforcement for NOS. • Residents called California Highway Patrol (CHP) when told SBPD does not handle noise complaints on State owned land (NOS). • Council Member Sandoval called City of San Bernardino (SB) Council Member Brinker. Response Council, Staff and Sheriff's Department began 2-part response to NOS noise complaints: 1 . Urge NOS and SB to be good neighbors by addressing cause of Grand Terrace's noise complaints. 2. Determine who can issue disturbing the peace citations for future NOS noise complaints in Grand Terrace. 2 R of the City of Grand Terrace Response Continued • Council continued to contact counterparts in SB (including Mayor Stanckiewitz to Mayor Morris). • Staff (Community Development and City Manager Departments) and Sheriff's Department had numerous discussions with counterparts at NOS and SB along with NOS site visits. • Key strategic issue was if Sheriff's Department could issue disturbing the peace citations (Penal Code 415) at NOS if SBPD did not do so. Response Continued • PC 415 citation issue heightened when Insomniac announced Escape to Wonderland at NOS on October 29. • County determined Sheriff's Department can issue PC 415 citations at NOS for noise complaints. • Sheriff's Department advised SBPD and NOS it would issue PC 415 citations, if necessary, for future NOS noise complaints in Grand Terrace and Loma Linda. 3 sy . Adam , City Manager ATTACHMENTS: Attachment A: PowerPoint Presentation from October 11, 2011 City Council Workshop Attachment B: Letter dated October 11, 2011 from Pasquale Rotella with Insomniac to City of San Bernardino Mayor Pat Morris Attachment C: Letter dated October 20, 2011 from Mayor Walt Stanckiewitz to Pasquale Rotella with Insomniac se at the upcoming event. After this meeting, Sgt. Finneran had the opportunity for an additional conversation with Pasquale Rotella, Insomniac's Founder/Chief Executive Officer, and received Mr. Rotella's personal assurance that noise would be mitigated. • On October 12, Shari Radborn Controller for the NOS confirmed with the City Manager that representatives from the City would be able to briefly address the NOS Board of Directors at the beginning of the October 27 Board Meeting. • On October 15, while at an event at the NOS, Mayor Stanckiewitz had separate conversations with Mr. Rotella and with the General Manager for the NOS, Dan Jimenez, on the need to mitigate noise at future electronic dance concerts. He received verbal assurances from both men that every effort would be made to mitigate noise. • On October 20, the Mayor signed a letter to Mr. Rotella, with copies to the NOS and the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Response Continued NOS wants to be a good neighbor to Grand Terrace: • NOS offered opportunity to address Council at Workshop but declined due to prior commitments. • NOS agreed to include Sheriff's Department in two event planning meetings (October 12 and October 29) for Escape from Wonderland. Next Steps • Sheriff's Department will attend Escape from Wonderland event planning meetings. • Staff will provide update on response to NOS noise complaints at October 25 Council Meeting. • Council may want Staff to attend October 27 NOS Board Meeting to confirm NOS' desire to be a good neighbor along with advising Board of City's intent to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 Attachment B Letter dated October 11, 2011 from Pasquale Rotella with Insomniac to City of San Bernardino Mayor Pat Morris at Workshop but declined due to prior commitments. • NOS agreed to include Sheriff's Department in two event planning meetings (October 12 and October 29) for Escape from Wonderland. Next Steps • Sheriff's Department will attend Escape from Wonderland event planning meetings. • Staff will provide update on response to NOS noise complaints at October 25 Council Meeting. • Council may want Staff to attend October 27 NOS Board Meeting to confirm NOS' desire to be a good neighbor along with advising Board of City's intent to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 Page 1 of 1 Betsy Adams From: Erika Raney[erika@insomniac.com] Posted At: Tuesday, October 11, 2011 4:04 PM Conversation: National Orange Show Event Center- Noise Concerns Posted To: Microsoft Office Outlook Embedded Message Subject: National Orange Show Event Center- Noise Concerns Dear Mayor Stanckiewitz I am reaching out on behalf of Insomniac Events, in light of the noise concerns raised by citizens of Grand Terrace during our most recent event, Nocturnal Wonderland, held on September 23 &24, 2011 in San Bernardino. Please see the enclosed letter from our founder and CEO, Pasquale Rotella,to Mayor Morris of San Bernardino, and contact me with any questions or concerns. We are working diligently to be a good neighbor to Grand Terrace, and have been dedicated to sound engineering to help mitigate any impact for the nearly 15 years we have been hosting events at the Orange Show. We will be sure to keep your office up-to-date on our efforts. Sincerely, Erika Raney Erika L. Raney Director of Communications Insomniac, Inc. 648 North St. Andrews Place, Los Angeles, CA 90004 0: 323.874.7020 ext. 227 E: erikaPinsomniac.com W: www.insomniac.com Please consider the environment before printing this email. 10/18/2011 Pasquale Rotella with Insomniac se at the upcoming event. After this meeting, Sgt. Finneran had the opportunity for an additional conversation with Pasquale Rotella, Insomniac's Founder/Chief Executive Officer, and received Mr. Rotella's personal assurance that noise would be mitigated. • On October 12, Shari Radborn Controller for the NOS confirmed with the City Manager that representatives from the City would be able to briefly address the NOS Board of Directors at the beginning of the October 27 Board Meeting. • On October 15, while at an event at the NOS, Mayor Stanckiewitz had separate conversations with Mr. Rotella and with the General Manager for the NOS, Dan Jimenez, on the need to mitigate noise at future electronic dance concerts. He received verbal assurances from both men that every effort would be made to mitigate noise. • On October 20, the Mayor signed a letter to Mr. Rotella, with copies to the NOS and the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r . . insomniac October 11, 2011 Mayor Patrick J. Morris City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mayor Morris, As the promoter and producer of the Nocturnal Wonderland festival held at the National Orange Show Events Center September 23 and 24, I am very excited to bring positive economic benefits that the show contributed to the local economy. We understand that the event helped boost hotel occupancy and that the restaurant owners, retail stores and many others noticed the positive impact that our event had on their businesses. On behalf of Insomniac and the Nocturnal Wonderland production team, I offer thanks to the individuals,agencies and local businesses in San Bernardino that contributed to making this event safe and successful—and have been doing so for nearly 15 years. When we produce events,we strive to be a good neighbor to those who live near our productions. At this festival,we tried a new noise cancellation system similar to the technology used by Bose in their noise cancelation headphones where stacks of bass speakers are placed beyond both outdoor structures to reduce the bass frequencies,which often generate noise complaints. This year,while we implemented a new noise mitigation system, we have now learned some neighbors still had concerns. We always make a conscientious effort to control the volume at our events and we have been improving the quality and efficiency of the sound systems at every show. Prior to this last event, as a result of our ongoing noise reduction efforts,we had almost eliminated noise complaints altogether. To me, even one noise complaint is one complaint too many. As a result, I have asked my sound engineers to find ways to address the nature of sound travel during the weekend of the show and any impact we may have on the National Orange Show Events Center neighbors. We are carefully studying the dot-maps that geographically outline the locations of the calls made. In addition, I am hiring an outside acoustics firm to help us investigate the issue and give us recommendations on how we can reduce the noise impact in the future. Please know that we are committed to doing everything we can to mitigate and reduce the effects of the sound on the surrounding neighborhoods. 648 North St. Andrews Place Los Angeles, CA 90004 the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Insomniac is always looking for ways to support the local communities where we produce our shows and so I thought you might also like to know that on Saturday, October 1st I presented a $10,000 donation to the San Bernardino Symphony Orchestra's non-profit music education program, "Musicians in the Schools." This program unites musicians with professional backgrounds in strings, woodwind and brass ensembles with 4th and 5th grade children who have had little or no exposure to music. Launched in 2011, Insomniac's charitable giving program donates $1.00 for every ticket sold and $10 per guest list attendee to local charities in San Bernardino. I am hopeful that Insomniac's contribution will go a long way toward inspiring children's interest and involvement in the arts and music. We are planning our next donations from the Nocturnal festival and the forthcoming Halloween event, in support of the San Bernardino community We are appreciative the hospitality we received from the City of San Bernardino and greatly value our long-standing relationship. Sincerely, ?6,y4v,o, e,. ?Aio4& Pasquale Rotella Cc: Chief Robert Handy Charles E. McNeeley, City Manager Council Member Virginia Marquez Council Member Robert D. Jenkins Council Member Tobin Brinker Council Member Fred Shorett Council Member Chas Kelley Council Member Rikke Van Johnson Council Member Wendy McCammack 2 efficiency of the sound systems at every show. Prior to this last event, as a result of our ongoing noise reduction efforts,we had almost eliminated noise complaints altogether. To me, even one noise complaint is one complaint too many. As a result, I have asked my sound engineers to find ways to address the nature of sound travel during the weekend of the show and any impact we may have on the National Orange Show Events Center neighbors. We are carefully studying the dot-maps that geographically outline the locations of the calls made. In addition, I am hiring an outside acoustics firm to help us investigate the issue and give us recommendations on how we can reduce the noise impact in the future. Please know that we are committed to doing everything we can to mitigate and reduce the effects of the sound on the surrounding neighborhoods. 648 North St. Andrews Place Los Angeles, CA 90004 the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Attachment C Letter dated October 20, 2011 from Mayor Walt Stanckiewitz to Pasquale Rotella with Insomniac Morris at Workshop but declined due to prior commitments. • NOS agreed to include Sheriff's Department in two event planning meetings (October 12 and October 29) for Escape from Wonderland. Next Steps • Sheriff's Department will attend Escape from Wonderland event planning meetings. • Staff will provide update on response to NOS noise complaints at October 25 Council Meeting. • Council may want Staff to attend October 27 NOS Board Meeting to confirm NOS' desire to be a good neighbor along with advising Board of City's intent to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 October 20, 2011 c'Ty " \I telaNg Mr. Pasquale Rotella Founder/Chief Executive Officer 648 North Street Andrews Place Los Angeles, CA 90004 Dear Pasquale: On behalf of the City Council, I would like to follow up on our conversation the evening of October 15th and specifically Insomniac's commitment to mitigate noise impacts in Grand Terrace from electronic dance concerts held at the National Orange Show in San Bernardino. We appreciate the commitment you made to me to mitigate noise from these events, along with the assurances provided by you and staff from the National Orange Show to staff from the City and the San Bernardino County Sheriffs Department. We do believe there is a genuine desire with Insomniac and the National Orange Show to be a "good neighbor" to Grand Terrace. The first test of this commitment will be the Escape from Wonderland electronic dance concert scheduled for October 29th. The Sheriffs Department has attended the first of two planning meetings for this event and reports that noise mitigation was a key element of the meeting. We were very encouraged by this report and hope for a similar report from the second planning meeting scheduled for October 27tn We will be monitoring noise complaints on October 29th with the hope that very few will be from the Escape from Wonderland event. It is the City Council's sincere desire that your noise mitigation efforts be successful so Grand Terrace can return to being a neighbor without complaints for either Insomniac or the National Orange Show. Sincerely, Mayor Walt Stanckiewitz Cc: National Orange Show Board of Directors City of San Bernardino Mayor and City Council refully studying the dot-maps that geographically outline the locations of the calls made. In addition, I am hiring an outside acoustics firm to help us investigate the issue and give us recommendations on how we can reduce the noise impact in the future. Please know that we are committed to doing everything we can to mitigate and reduce the effects of the sound on the surrounding neighborhoods. 648 North St. Andrews Place Los Angeles, CA 90004 the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Ilk fin I it, Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: October 25, 2011 Council Item ( X ) CRA Item ( ) TITLE: Purchase of 16 Shares of Riverside Highland Water Company Water Stock from Bourns, Inc. to Reduce the City's Cost of Irrigating Public Facilities PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Approve the attached Purchase and Sale Agreement between the City and Bourns, Inc. for 16 shares of water stock at a cost of$100.00 per share. 2. Authorize the City Manager to execute the Agreement and complete all actions required to complete the water stock transfer. BACKGROUND: The City has approximately 26 Riverside Highland Water Company (RHWCO) accounts for various public facilities, including the Child Care Center, Fire Station, City Hall, parks, and rights-of-way. RHWCO staff has contacted City staff to discuss options for reducing costs of water use. Recommendations have included transferring shares among accounts and purchasing unused shares from other entities to reduce water use in the Tier 3 excess water category. Applying additional shares to the accounts that have the highest Tier 3 use should reduce the City's costs of irrigation. The cost of purchasing one new share of capital water stock from RHWCO is $1,500.00. Over the past several months, staff has contacted various stock owners holding excess shares, but has not been able to negotiate a purchase that would be offset by a notable savings in water use costs. DISCUSSION: Staff has again contacted Bourns, Inc. of Riverside regarding their 16 unused shares of Riverside Highland Water Stock. Bourns owned the shares prior to the incorporation of the City. Bi-monthly, each share is billed at a rate of $5.15, resulting in an annual cost to Bourns of$494.40. After several inquiries, they have agreed to sell their shares to the City at the price per share offered, $100.00. COUNCIL AGENDA ITEM NO.BPt uture. Please know that we are committed to doing everything we can to mitigate and reduce the effects of the sound on the surrounding neighborhoods. 648 North St. Andrews Place Los Angeles, CA 90004 the City of San Bernardino, reiterating the positive noise mitigation discussion representatives from Grand Terrace had with representatives of Insomniac and the NOS and the need to follow through with good results at the Escape from Wonderland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Staff has worked with RHWCO to identify the accounts that would most benefit from the added shares by reducing excess water costs. If additional shares are allocated to an account, more cubic feet of water will be charged to the lower Tier 1 and 2 rates. In addition to the 16 shares purchased from Bourns, staff is recommending removal of an unused meter at Barton Road and La Crosse Avenue, and transfer of those 3 shares to Pico Park. Irrigation on this State-owned right-of-way had been discontinued approximately six months ago to discourage weed growth. By inactivating this account, $40.50 for the meter charge will also be saved bi-monthly. The following table exhibits the City's meters using greater excess water and those that do not currently have the required number of shares for the meter size (1.5 inch, 2 inch, or 3 inch), as well as the number of shares recommended to be allocated to the accounts. Peak month (August-September) water use has been used in the table, and the estimated new cost assumes that the same amount of water will be used after the shares are added. Other steps are being taken to reduce overall use. Location Cost of use (2 Current Shares New cost *(2 Savings* peak months) shares to add peak months) Pico Park $3,224.85 18 +10 $2,943 30 $281.53 22582 Center City $76.27 2 +2 $86.57 ($10.30) Court (Fire Station) requires 4 ROW landscaping at $278.74 3 +3 $260.29 $18 45 I215/Barton requires 6 TJ Austin Park $532.03 4 +4 $471.82 $60.21 requires 8 * this is an estimate only TOTAL: $349.89 The City will be charged the $5.15 per share bi-monthly for 16 new shares, or $494.40 per year, which has been accounted for in the savings shown in the table. Therefore, for the two peak sample months, staff estimates meter and water use costs would be reduced by approximately $390.39. In January 2012, new water rates become effective, which may result in greater savings due to penalties for excess water use. FISCAL IMPACT: The purchase price for the new shares is $1,600.00, and a RHWCO transfer fee of $60.60 is also required. RHWCO typically charges $60.60 per share for ownership transfer, but they have agreed to one charge for all 19 shares. All costs associated with this action will be paid from the General Fund's current operating budget for utility expenses. Respectfully submitted: Poe Joyce rs Community and Economic Development Director rland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Manager Approval: v, Bets . A ams, City Manager ATTACHMENT: Purchase and Sale Agreement th Insomniac Morris at Workshop but declined due to prior commitments. • NOS agreed to include Sheriff's Department in two event planning meetings (October 12 and October 29) for Escape from Wonderland. Next Steps • Sheriff's Department will attend Escape from Wonderland event planning meetings. • Staff will provide update on response to NOS noise complaints at October 25 Council Meeting. • Council may want Staff to attend October 27 NOS Board Meeting to confirm NOS' desire to be a good neighbor along with advising Board of City's intent to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 Attachment No. 1 Purchase and Sale Agreement between the City and Bourns, Inc. and Sale Agreement th Insomniac Morris at Workshop but declined due to prior commitments. • NOS agreed to include Sheriff's Department in two event planning meetings (October 12 and October 29) for Escape from Wonderland. Next Steps • Sheriff's Department will attend Escape from Wonderland event planning meetings. • Staff will provide update on response to NOS noise complaints at October 25 Council Meeting. • Council may want Staff to attend October 27 NOS Board Meeting to confirm NOS' desire to be a good neighbor along with advising Board of City's intent to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 PURCHASE AND SALE AGREEMENT (Riverside Highland Water Company Stock) This Purchase and Sale Agreement ("Agreement"), dated this _day of October, 2011, is entered into by and between the Bourns, Inc., a California Corporation, the ("Seller") and the City of Grand Terrace,a California Municipal Corporation the("Buyer")jointly the("Parties"). RECITALS A. Seller is the owner of sixteen (16) shares of capital stock of the Riverside Highland Water Company. B. Said shares of capital stock are designated for use on and impertinent to Account #01225000(newly renumbered as Account No. 04263-01). C. Seller desires to sell and Buyer desires to purchase, the subject capital stock,at a price of One Hundred Dollars($100)per share. NOW,THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The foregoing Recitals are true and correct and incorporated herein as if set forth in full. 2. Upon payment by Buyer to Seller of the amount of Sixteen Hundred Dollars ($1,600), Buyer shall immediately execute a Stock Assignment Separate from Stock Certificate (in the form attached hereto as Exhibit A) for the Certificate No. 25186 representing Capital Stock in the Riverside Highland Water Company and convey said Capital Stock to Buyer. 3. The Parties agree to take whatever actions are required if any, by the Riverside Highland Water Company to formally effectuate the Assignment of the capital stock. 4. If it is necessary for either Party to commence legal action to enforce the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs. 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. "SELLER" "BUYER" S• r % Bourns,In \0• O; City of Grand Terrace aPO,'41TF By: • C'`�'I _ By: • e: Corporate creta ;: ' ti ;Betsy M.Adams Date: October ,2011 °94rL U fly: �'' �Its: City Manager JFOR�' ' Date: October 2011 — ��11 , 1111 ll costs associated with this action will be paid from the General Fund's current operating budget for utility expenses. Respectfully submitted: Poe Joyce rs Community and Economic Development Director rland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Exhibit A Form of Stock Assignment Separate From Certificate (attached) . and Sale Agreement th Insomniac Morris at Workshop but declined due to prior commitments. • NOS agreed to include Sheriff's Department in two event planning meetings (October 12 and October 29) for Escape from Wonderland. Next Steps • Sheriff's Department will attend Escape from Wonderland event planning meetings. • Staff will provide update on response to NOS noise complaints at October 25 Council Meeting. • Council may want Staff to attend October 27 NOS Board Meeting to confirm NOS' desire to be a good neighbor along with advising Board of City's intent to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 < of tf <44 4 ' 12374 Michigan Street • Grand Terrace,CA 92313-5602 • (909)825-4128 • FAX(909)825-1715 qpt STOCK ASSIGNMENT SEPARATE FROM CERTIFICATE FOR VALUE RECEIVED, the undersigned hereby sell,assign and transfer unto: City of Grand Terrace °****16**** Shares of the WATER STOCK of the RIVERSIDE HIGHLAND WATER COMPANY standing in *****Bourns,Inc.a California Corporation***** name(s)on the books of said Corporation represented by Certificate(s)No. *****25186***** Dated Signature The signature(s)on this assignment must correspond with the name(s)on the face of the certificate in every particular.without alteration or enlargement.or any change. Acct# 04263-01 Unused nt to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 uiunl I h1 of La`eRNIA AGENDA REPORT CALI FO MEETING DATE: October 25, 2011 Council Item ( X ) CRA Item ( ) TITLE: Co-Sponsorship Agreement with the Foundation of Grand Terrace for Community Events PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Approve the Co-Sponsorship Agreement between the City and the Foundation of Grand Terrace. 2. Authorize the Finance Director to disburse funds from the City's events trust account to the Foundation for costs directly related to Community Day 2012, up to $4,000.00. BACKGROUND: As the City has worked to reduce expenditures for various programs, the Council has expressed a goal to engage volunteers to continue special events that the community looks forward to each year. On September 13, 2011, the Council and staff discussed a partnership with the Community Events Committee of the Foundation of Grand Terrace to produce both the "Halloween Haunt" and Community Day 2012. During the Council meeting of September 13, 2011, the Council authorized the use of $2,000.00 from the events trust account for the Halloween event. The trust account had an approximate balance of $6,000.00, and the remaining $4,000.00 would be used for Community Day 2012 through the partnership between the City and community volunteers. DISCUSSION: At Council's direction, staff has prepared a Co-Sponsorship Agreement between the City and Foundation of Grand Terrace, which is attached to this report. The Agreement identifies the Foundation of Grand Terrace as an affiliate of the Community Foundation serving Riverside and San Bernardino Counties, a 501(c)(3) charitable organization. The Foundation of Grand Terrace was founded to develop resources that would strengthen the community and has formed several committees to better address specific programs and projects. Committees such as the Dog Park Committee, Special Events Committee, and the Veteran's Memorial Committee are volunteers who offer their time and expertise to accomplish certain community projects. COUNCIL AGENDA ITEM NO.3 7 JFOR�' ' Date: October 2011 — ��11 , 1111 ll costs associated with this action will be paid from the General Fund's current operating budget for utility expenses. Respectfully submitted: Poe Joyce rs Community and Economic Development Director rland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r The Community Events Committee includes volunteers who have participated in producing past community events. Their responsibilities under the Co-Sponsorship Agreement are to plan and conduct Community Day, including: • event set up and clean up; • traffic and parking control; • operating the snack bar; • providing special event insurance listing the City as additional insured; • ensuring all vendors are properly licensed, permitted, and insured; and • account for the use of$4,000.00 provided by the City. The Special Events Committee has also accepted the responsibility for any additional fund-raising. The City's responsibility under the Co-Sponsorship Agreement would be to provide funds from the City's special events trust account up to $4,000.00 for expenses directly related to Community Day 2012. The total amount would be provided to the Foundation, and the Foundation would pay the Community Day expenses. The City would also provide one maintenance worker for up to eight hours to assist the Events Committee with electrical service requirements for the event. Staff recommends that the Council approve the proposed Co-Sponsorship Agreement, which expires on August 2, 2012. FISCAL IMPACT: The fiscal impact is limited to the use of funds held in trust for community events. Respectfully submitted: P®Y oyce Powers Community and Economic Development Director Manager Approval: O Betsy . Ada>1(a,632 , City Manager ATTACHMENT: Co-Sponsorship Agreement for Community Events nt identifies the Foundation of Grand Terrace as an affiliate of the Community Foundation serving Riverside and San Bernardino Counties, a 501(c)(3) charitable organization. The Foundation of Grand Terrace was founded to develop resources that would strengthen the community and has formed several committees to better address specific programs and projects. Committees such as the Dog Park Committee, Special Events Committee, and the Veteran's Memorial Committee are volunteers who offer their time and expertise to accomplish certain community projects. COUNCIL AGENDA ITEM NO.3 7 JFOR�' ' Date: October 2011 — ��11 , 1111 ll costs associated with this action will be paid from the General Fund's current operating budget for utility expenses. Respectfully submitted: Poe Joyce rs Community and Economic Development Director rland event scheduled for October 29. After the October 25 Council Meeting, the following items will occur before Insomniac's Escape from Wonderland event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Attachment No. 1 Co-Sponsorship Agreement gan Street • Grand Terrace,CA 92313-5602 • (909)825-4128 • FAX(909)825-1715 qpt STOCK ASSIGNMENT SEPARATE FROM CERTIFICATE FOR VALUE RECEIVED, the undersigned hereby sell,assign and transfer unto: City of Grand Terrace °****16**** Shares of the WATER STOCK of the RIVERSIDE HIGHLAND WATER COMPANY standing in *****Bourns,Inc.a California Corporation***** name(s)on the books of said Corporation represented by Certificate(s)No. *****25186***** Dated Signature The signature(s)on this assignment must correspond with the name(s)on the face of the certificate in every particular.without alteration or enlargement.or any change. Acct# 04263-01 Unused nt to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4 CO-SPONSORSHIP AGREEMENT FOR COMMUNITY EVENTS This CO-SPONSORSHIP AGREEMENT ("Agreement"), dated October 25, 2011 (the "Effective Date"), is entered by and between the CITY OF GRAND TERRACE, a public body corporate and politic (the "City"), and FOUNDATION OF GRAND TERRACE, an Affiliate of the Community Foundation, serving Riverside and San Bernardino Counties, a California non-profit corporation ("Foundation"). RECITALS A. The City has provided various annual community events for many years for the benefit and enjoyment of residents in cooperation with community volunteers and with financial sponsorships from businesses and individuals. B. The Foundation of Grand Terrace is an affiliate of the Community Foundation serving Riverside and San Bernardino Counties, a 501 (c)(3) charitable organization, which was founded to strengthen the community by building permanent resources to support community needs. C. In consideration of their shared goals, the parties wish to cooperate in continuing the traditions to provide quality community events for the residents, through co-sponsorship of the event(s), specifically Community Day 2012 at Rollins Park. TERMS Section 1. Term of Agreement. This Agreement shall commence on the Effective Date and shall expire on August 1, 2012. Section 2. City Responsibility. City shall be responsible for providing funding from the City's Community Events trust account for expenses directly related to Community Day, not to exceed $4,000 (Four Thousand Dollars). The City shall also provide the services of one maintenance worker on Community Day for up to eight (8) hours, who shall assist the Foundation with needed electrical service for the event functions. Section 3. Foundation Responsibility. Foundation shall be responsible for all Community Day planning, scheduling of entertainment and vendors, event set up and clean up, traffic and parking control, operating the snack bar, and providing special event insurance acceptable to City. Foundation shall ensure all vendors, contractors, and all other parties associated with Community Day are property insured and have valid licenses and permits, including any required health permits. Foundation is responsible for providing and ensuring any contractor provides Worker's Compensation Insurance for all persons conducting work as an employee under Section 3. Section 4. Termination of the Agreement. Notwithstanding the provisions of Section 1 above, the Agreement would terminate at the end of the term or upon 60 (sixty) days notice from the one party to the other party, whichever occurs first. d event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r Section 5. Notices. Unless otherwise specified in this Agreement, it shall be sufficient service or giving of any notice or other communication if by (i) first-class mail and (ii) registered and certified mail, postage prepaid, return receipt requested, or (if not sent by registered mail) by private courier service which provides evidence of delivery. Unless a different address is given by any party as provided in this Section, all such communications will be addressed as follows: To City: City of Grand Terrace Attention: City Clerk 22795 Grand Terrace Road Grand Terrace, California 92313 To Foundation: Foundation of Grand Terrace 22421 Baron Road, # 365 Grand Terrace, CA 92313 Section 6. Attorneys' Fees. In the event of any legal action hereunder, the prevailing party shall be entitled to recover, and the other party agrees to pay, reasonable attorneys' fees, expenses and the costs as the court may determine. Section 7. Entire Agreement. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered hereby, and all negotiations and agreements, statements or promises between the parties hereto or their agents. No prior agreements or understandings not contained herein shall be binding or valid against either of the Parties hereto. Section 9. Modification. Any amendments or modifications to this Agreement must be in writing and executed by all the parties to this Agreement. Minor modifications may be approved by the City Manager. Section 10. Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. Section 11. Authority to Execute. Each individual executing this Agreement on behalf of a company, partnership or corporation represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such company, partnership or corporation in accordance with the authority granted under the formation documents of such entity, and, if a corporation, by a duly passed resolution of its governing board, that all conditions to the exercise of such authority have been satisfied, and that this Agreement is binding upon such entity in accordance with their respective terms. from the one party to the other party, whichever occurs first. d event scheduled for October 29: alifornia. (Date of signature) (City where signed) (Personal sig hire of the individual who is swearing that the contents of the notice of completion are true.) -For C,i-� G,{'G,z ner Te Adam3 IN IN- N- N O O O o O Y d 2 > o O 0 O o 0 ftsC y d a Y Co ,- .- ,- ,_ .- w C M . o O o 0 O 0 M W N N N N N N E e 0 In In 11') l(7 In LO N L 0 N N N N N N 0 0 O O O O O O > > > > r, d (0 (MO O -o •. N 0) N N 8Y (_.) LI) co co IL() LU cop O 0 c c co co co co Co > O- m o (0 o (o co co (0 d N N N N N N N N M 0 ID, (.,„ N N N N N N N O O O O O O O 0 a) O ' _ N CO AC'' c (_2.) v v '7 v v v Lo (n E co co co co co co co co ✓ O m > co c0 co c(00 co (0 co co co co N c 7 > O m j CCD CCO CCOO CCOO CCD CCO CCOO C~O CD > r IN WITNESS WHEREOF, the City and Foundation have signed this Agreement as of the date set opposite their signatures. Foundation of Grand Terrace, a California non- profit corporation Dated: /6)//- //( B j,____________, y Title: Preside 7/1(.4- ,&/ N `\, Lt(//- L.t. /fif.GCCSL Title: Vice P sident, Community Events CITY OF GRAND TERRACE, a public body corporate and politic Dated: October 25, 2011 By: [Effective Date] Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ry particular.without alteration or enlargement.or any change. Acct# 04263-01 Unused nt to insure PC 415 citations are issued if noise from NOS events is not mitigated in Grand Terrace. 4