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08/13/2013 OJL I '�1J��L�11 �l �JLJ�L�1JL�11„C CITY AGENDA &- STAFF REPORTS* FOR THE REGULAR MEETING OF THE`CITY COUNCIL AND THE CITY_COUNCILAS THE'SUCCESSOR AGENCYTO THE;- -COMMUNITY:REDEVELOPMENT AGENCY 8&,THE GRAND TERRACE-HOUSING AUTHORITY TUESDAY-,.August 13,10.13 : : COPY Regular. Meeting- , _ COUNCFL,CHA.M.BERS = ' GRAND TERRACE'CIVIC.CENTER 22795'13ART.ON-ROAD,GRAND TERRACE,-CA'923,13 Walt Stan.ckiewitz,, Mayor Bernardo SandovalIVlayor Pro-Tem ; Darcy McNabO-e,,Council member \ )ackie,,IVlitchell, Co,uncilmerriber - Sylvia Ro'blesCouncilmember Betsy Adams; City Manager Richard:!_. Adams-,City Attorney ` Cynthia Fortu'ne,,Finance Manager Richard Shields;-Community Development Director Tracey Martinez, City Clerk - The Grand�Terrace City Council.•nieets on the Second and.-Fourth Tuesday of each month at.6:0.0�p.m. CITY OF GRAND TERRACE o - -CITY COUNCIL AGENDA• AUGUST 13, 2013 Council Chambers Reg,ular'Meeting, 6:00 PM Grand Terrace Civic Center• 22795 Barton Road The City of Grand Terrace complies with the:-Americans with. Disabilities Act of 1990. If you require special:assistance to participate in this meeting, please.call the City Clerk's office at (909) 824-6621. at least 48 hours:prior to the meeting.. If you desire to address.the City Council.during the meeting; piease complete a request to speak form available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time. Any documents provided to a majority of the City Council regarding,any item on this agenda:will-be made available for:public inspection in the.City Clerks gffice at city hall located at.22795 Barton Road during normal business hours. In addition, such documents will be poste_d on the City's website at www.cityofg ra ndtefrace.org CALL TO ORDER Convene City .Council and .City Council as the Successor Agency to the Community Redevelopment Agency k invocation Pledge of Allegiance Roll can - -- - ..rz. .;; ;>.• �' - _ _ Absent`,-4: 'LateA� > ,Attendee=Name.............. •.:.= ,•-...-:� p:Ft`e. - .f ��Present'-� ;,. Mayor Walt Stanckiewitz 0 D 0 . .... .. .... Mayor Pro Tern Bernardo Sandoval :E] 0 0 Council;Member Darcy McNaboe: =0 0 0 Council Member Jackie•Mitchell 0 0 0- .'' Council Member Sylvia Rgbles 0 1. ITEMS TO DELETE 2. SPECIAL PRESENTATIONS A. Commendation-Doug Wilson B. Updates from Legislative Representatives(Federal, State and County) City of Grand Terrace .page 1 Updated 4�4%2013 11:29 AM I Agenda Grand Terrace City Council August 13, 2013 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. A. Waive Full Reading of Full Ordinances on Agenda B. Approval of Minutes—Regular Meeting—06/11/2013 C. Zoning Code Amendment 13-01: Proposed Amendment to the Grand Terrace Municipal Code t Regulating Adult Businesses, and Adult Business Managers and Performers D. Release and Settlement Agreement with County of San Bernardino for Property Tax Administration Fee E. Historical and Cultural Activities Committee Minutes of June 3, 2013 F. Postpone Planning Commission Interviews and Appointment G. Approval of Check Register No. 08-13-2013 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. - 5. COUNCIL REPORTS 6. PUBLIC HEARINGS 7. UNFINISHED BUSINESS A. Designation of Council Members to Prepare November 2013 Special Municipal Election Ballot Argument in Favor of Utility Users'Tax and Rebuttal Argument. 8. NEW BUSINESS A. Consultant Services Agreement for Long-Range Property Management Plan Preparation 9. CLOSED SESSION A. Labor Negotiations- Labor Negotiations Pursuant to Government Code 54957.6-City Labor Negotiatior- Betsy Adams, City Manager-Negotiated with-All Unrepresented Employees ADJOURN The Next-Regular City Council Meeting will be held on Tuesday,August 27,2013 at 6:00 PM. Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting. City of Grand Terrace Page 2 Updated 41412013 11:29 AM CITY OF GRAND TERRACE 3 - CITY COUNCIL MINUTES JUNE 11, 2013 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center• 22105 Barton Road CALL TO ORDER Convene City Council and .City Council as the Successor Agency to. the Community Redevelopment t� Agency Invocation-Pastor Andy McRae,Azure Hills Seventh-Day Adventist Church co 'a Pledge of Allegiance-Led by Jeffrey McConnell d cc 0 Attendee Name = Ti`tle- _ ;Status ;,Arrived'_. Walt:Stan i kiewitz. Ma or : Present , v, Bernardo Sandoval.. Mayor Pro Tem _ Present 0 Darcy McNaboe Council Member - . .Present -- Jackie-Mitchell Council Member = :Present 2 Sylvia Robles Council Member Present c _'Betsy Adams City Mana•er Present Richard Shields Communi 'Development Director Present rq Tracey Martinez City-Clerk. Present N Cynthia Fortune. Firianc6'Manager Present r: Steve Elam Finance Depariment Present L "Sandra Molina Deputy Community Development Director Present Richard Adams Cify Attorne. .Present 10- Manny Mendoza San Bernardino County Sheriffs Department Present , m 1. ITEMS TO.DELETE 2. SPECIAL PRESENTATIONS 0 c A. Updates for Legislative Representatives(Federal, State and County) Jon-Gaede, Representative for Assembly Member Cheryl Brown m He attended .his first Grand Terrace Days event. He enjoyed the event.. He congratulated Walt Stanckiewitz-on his business-being recognized as'a small business in Sacramento. He invited'everyone to attend the'Green Mixer on June 21, �013 from 6.00 to 1.00 P•m. 3. CONSENT CALENDAR Approve the:Consent Calendar with.the removal of Items.3D.And 3E. - city of Grand Terrace Page 1 . .. Updated 4/4/2013 11:29 AM :._ 'Packet P,g:3- - Minutes Grand Terrace City Council June 11, 2013 :RES T� UL iAR,PROVED' UNANIMOUSI - MO Vit o R: 'rBerh_d6,SJa n doiiaF<Ma o�'P�o l`em, `r..' r• E S GONDER: Da c'"M=N ry C,oiaricilMenber. - - - %kYE - Sfanckiewitz-- :San�do�al-��McNa6oe-,MitchelF'-�Robles� - A. Waive Full Reading of Full Ordinances on Agenda -8. Accept Minutes of the Community Emergency Response Team Executive Committee of 03-05-2013 C. Accept the Community Emergency Response Team Executive Committee Minutes of 04-02-2013 ITEMS REMOVED FROM CONSENT CALENDAR D.. Award of Facilities-Cleaning Services Agreement m Award the Maintenance Service Agreement to Santa Fe Building Maintenance for facilities cleaning y services for City-facilities and.authorize the City Manager to execute the agreement. m `R SULTs` - _ r o C `APPROVED.r4`T,O�1.5 r°�M, sR: O.VE Bemariio{Sandoval<<Ma•�orP�o - A`$ D lZ � '':S'"IuaR"bl" `•il''o e's Gounc Member>�;` - =AYES — 0 `UVa'If.Sfancki Jwitz'�� `r�,Be,na�do:•Sandoval=Jacke;Mitchell'S`IVaRotiles - - =i�TA� .�._.:�:r j- - tom, `�.�..•. - -- - � .ft•''`.'::�'!;:^..� _.Fg �I�'N�Y -Darcy - aboe 0 N E. Approvalw of Check Register No. 06-11-2013 r Approve Check Register No.06-11-1013.. _ := .#.t.w -i � M a yorr. rn� s .. , �Rotiles� k'.: _= - o`RESUL APPROVE '•U ANIMOUS ooePm To'Da 'CucM —l rOE v nSn SStaM oJ. cnckenNaab ..e tdhell HC a 4. PUBLIC COMMENT :9 a Ryan Stephens a Thanked everyone that helped make Community Days possible. He feels that it is a great community d event and would like to see it continue. He reported that next year the Fire-Department will have its traditional pancake breakfast. 5. COUNCIL REPORTS Councilmember Jackie Mitchell Expressed her disappointment that she was unable to attend Grand Terrace Days. She had a work emergency that she had:to attend. She expressed her mixed emotions with regard to the current budget situation that the City is facing. She..feels that there are residents that aren't taking an interest in-really learning what the budget situation is and are making'uneducated and inappropriate comments; She appreciates those that are taking the time to educate themselves. Councilmember Darcy McNaboe City of Grand Terrace Page 2 Updated 41412013 11.-29 AM 'Packet Pg::.4'`-?`- Minutes Grand Terrace City Council June 11, 2013 Thanked all the volunteers that helped make Grand Terrace Days a wonderful event. She thanked the Lions Club and the Woman's Club-for the service 'club sign. It adds to-the entry and she is looking forward to other service clubs that-will be able to hang their logos up as well. She spoke to her neighbor on how to bring back the feeling of neighborhood in the City and how do we preserve the charm of the City. She is.hoping to get back.to viewing ourselves as neighbors-and not just residents. Councilmeniber Sylvia Robles Enjoyed the sign installation. ,She apologized for missing the Grand Terrace Days event. She thanked staff for all of the work that they do,and appreciates and values each:and everyone of them. It:is her desire to do her due diligence with regard to the City's fiscal situation. �r Mayor Pro Tern Bernardo Sandoval _ Reported that he had a great time at Grand Terrace Days. The City can no longer do these types of events.because of the fiscal.situation•that we are iri. The reality is that we rely on the volunteer.groups to c put on these types of events and activities. The City can, however., continue in the manner that we have d grown accustomed to but:it won't be because.of:any one specific person, group or organization. It has to. be because each individual has taken an active interest in the City. The information will need to getout to everyone throughout the community. If this City is going to continue inthe way that we are accustomed to; each and everyone is going to have to take the responsibility for maintaining it. e 0 0 Mayor Walt Stanckiewitz Enjoyed Grand Terrace Community Day. He thanked everyone that mane the event possible. He was in- c Sacramento to receive an award for Small Business of the Year presented by Assemblymember Cheryl e Brown. He was able to spend time with the Assemblymember and they discussed AB 880. He gave an M overview of what the approval of AB $80 will do. He reported that copper wiring was stolen at Pico Park. c The Grand Terrace Little League stepped up and did a fundraiser to help pay-for the replacement of the "! wiring. The City does not.have the money to replace items like this. Staff did work with the League to r secure the wiring to.ty.and prevent this from-happening again. There:are many things that the City would like to do, however,we do not have'the staff to do the extra.stuff at this time. He indicated that his father- in-law passed away and he Would:like-to adjourn the.meeting in his memory. o N 6. PUBLIC HEARINGS . 7: UNFINISHED BUSINESS d 8. NEW BUSINESS a d A. Ad Hoc Budget Advisory Committee Recommendation a - N This was a receive and f leitem, no formal action was taken. c. Ken Henderson, Chairman Ad Hoc Budget Advisory Committee .Gave the background of-how and why the Ad.Hoc Budget Advisory Committee was-formed. Gave an overview of the discussions.that took place at the six (6) regular meetings and.summarized the.issues that the Committee discussed and read into the record the following :recommendation of the AD Hoc Budget Advisory Committee; That the Mayor and City Council of the :City of Grand Terrace: (i) Unanimously declare a Fiscal Emergency; (ii) Place a Utility Users' Tax Initiative on the November. 2013 Ballot for the: purpose of generating $1.5 million in new revenue for the City of Grand Terrace General Fund; and (iii)Take ariy and all actions necessary to ensure this matter is placed before the voters.of the City of Grand Terrace by no later than November 2013. City of Grand Terrace Page 3 Updated 414120.13 11:29 AM Packgt;Pg:,""5 Minutes Grand Terrace City Council June 11, 2013 Paulihe Roque,Ad-Hoc Budget Advisory Committee Supports a Utility Users'Tax on the ballot. Barney Karger Stated that the City needs to-take care of the needs, not the wants. He.feels that the Child Care Center creates a liability for the City and that it needs to be eliminated. Bbrga Laesser Supports the.Ad-Hoc Budget Advisory Committee's.recommendation. Ryan Stephens, Secretary.Ad-Hoc Budget Advosory Committee - Encouraged residents to read the 5-year plan. He feels that there is a lot of misinformation being spread throughout the community. He encouraged residents to:get involved and informed. V c d Councilmember Darcy McNaboe j Stated that she was impressed with the presentation of the Ad-Hoc Budget^Advisory Committee and m thanked them for the time and effort that they.put into the process. She feels-that Ryan Stephens did a good job wrapping up with-his)perspective of the budget. She feels that it is important to get the message 0 out on what is actually in the five-year budget projection. She questioned how the City will ensure that we are receiving:the proper amounts that the utility companies are collecting. a Councilmember Sylvia Robles She feels that the Committee did an excellent job and thanked everyone that worked on the report. c N Councilmember Jackie'Mitchell r Thanked Mr. Henderson and the entire Ad-Hoc'Budget Advisory Committee for their work; 'She feels that their recommendation should.be taken seriously and-that they created a good snap shot of where the City is. She feels that the residents need ti be,given an opportunity to vote onwhether or not they want to pay -° a Utility Users'Tax. - a c Mayor Pro Tem Bernardo Sandoval Is concerned that$1.5 million may not be enough. He stated that it's not the right thing to.place blame on those for how we got where we are today. We can't be a victim, we need to act and dig into-what is going � on and get involved. d Mayor Walt Stanckiewitz a N Thanked the Ad-Hoc Budget Advisory Committee for all of their hard work. He feels that it doesn't matter how we got where we are, we just have to fix it. We are going to have to pay now or pay later, the debt is c not going to go away. This process is.going to take dedication from everyone. g B. Consideration of a Proposed Rate Increase for Child Care Services Adopt a Resolution adjusting:the.fees.for the City of Grand Terrace Child Care Services. RESULT: APPROVED;[UNANIMO.US] OVER.- Ber"riartlo;Sandoval;Mayot.Rro.Teiii 'SECONDER: _ ;Dar`.ey�MeNaboe,;:Couricil-Membe� - � - _ -_ _ -- St" kyzdyol,:MmaiAY oe:Mitchell;.Robles. C. 2013-2014 Landscape& Lighting Assessment District 89-1 City of Grand Terrace Page 4 Updated 41412013 11:29 AM uPacket.Rg,fi� Minutes Grand Terrace City Council June 11, 2013 Adopt a Resolution ordering the preparation of plans, specifications, cost .estimates, diagrams and assessMent:reports pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Codes for the proceedings for the annual assessment levy after formation of District 89-1; and Adopt a Resolution approving the City-Engineer's..Report for the annual .levy of assessments for fiscal year 2013-20.14; and Adopt a Resolution of.Intentions, setting forth a time and place for the Public Hearing for an annual levy and collection of assessments for certain maintenance of District 894. RESULT-` _-'_ _ A'PPROVEDjUNAN.IMOUS]" .' MOVER: Walt Stanckiewitz;'Mayor " SECONDER: 'Darcy-`McNaboe;`CouncilVem bet A_ YES; Stancki'ewitz,.Sandoval,.McNaboe;:Mitchell, Robles-.- ea D. Introduction of Proposed Budget for Fiscal-Year2013-14 tj r The Fiscal Year 2013-2014 Proposed Budget was introduced to the. Council. After a considerable m amount of discussion, it-was'the consensus of the Council•to; _ 0 v Include the following Recommended General Fund Expenditure Increases in the FY 2013-2014 Budget: a Remove"under-rill"status of Accounting"Technician oe Implement Additional Banking Services-,:Positive Pay and Remote Deposit is Updated Valuation for Other Post Employment Benefits (OPEB) eh November 2013:Special Election. o N It was also the consensus of the Council to direct Staff to prepare a budget that would include all of the reductions that will have to take place in the event that a Utility Users'Tax is not successful, which will be C implemented December 1, 2013 and bring it back to council at their next meeting. w. 0 9. CLOSED SESSION c A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION-Initiation of litigation pursuant to paragraph (4) of subdivision(d) of.Section 54956.9: One Potential Case PTAF Claim with the County of San Bernardino e co Council met in Closed Session to hold a Conference with Legal Counsel:Anticipated Litigation: Initiation of litigation-:pursuant to paragraph.(41 of subdivision (d) of:Section 54956.9: One Potential .Case.PTAF Claim with the County of San Bernardino. Direction was given to the City Manager to take the Q appropriate action:necessary and to report-back-to the Council when the issue is resolved. _ o ADJOURN - The meeting was adjourned at 10:40 p.m. in memory of the Mayor's father-in-law, Gerald Frenay. The Next Regular City Council Meeting will be held on Tuesday, June 25, 2013 at 6:00 PM. . .. . .. . City of Grand Terrace- Page 5 Updated 41412013 11:29 AM '-Packet Pg.7 :3B Minutes Grand Terrace-City Council June 11, 2013 Mayor of the City of Grand Terrace City Clerk of the City of Grand Terrace d .d N O C� . F a " o 0 co - O N �O y 7 t1 _ R w Q C1 C1 . � N d a+ 7 _ i Y ' City of Grand Terrace Page 6 Updated 41412013'11:29 AM - �PacetP��g�,8� �• • AGENDA REPORT -___ ..,_ MEETING DATE: August 13:,;2013 Council Item TITLE; Zoning Code Amendment 13=01: Proposed Amendment.to the Grand Terrace Municipal Code Regulating Adult Businesses; and Adult.Business Managers and Performers PRESENTED BY: Sandra Molina; Deputy Community-Development Director- RECOMMENDATION: 1. Adopt a Notice of Exemption; 2. Read by title only, waive furtherreading and adopt an- Ordinance repealing and replacing Chapter 18-.70 Adult Business; and Regulations; 3. Read,by title-only, waive further reading and adopt the an. Ordinance-adopting Chapter B.N Adult.80siness Regulatory License and Chapter_5.88 Adult Business Manager and- Performer License. BACKGROUND/DISCUSSION: On July 23, 2013, the City Council conducted first-reading on an ordinance regulating adult business uses, and an ordinance regulating the. licensing of adult 'business managers and performer, and moved both ordinances to second reading. Staff recommends the adoption of the attached Notice of Exemption and attached Ordinances. FISCAL IMPACT: The filing of the Notice of Exemption will incur a $50.0.0 filing fee paid to the San Bernardino .County Clerk. :No other fiscal impacts will occur with the adoption of the Ordinances. ATTACHMENTS: • 1'. Ordinance_Chapter 18:70.Adult Business Regulations 2. Ordinance_Chapters 5.64 and:5.88 • 3. Notice of'Exemption APPROVALS:. Sandra Molina Completed 07/24/2013 8:31 AM Richard Shields Completed 07/24/2-013 10:07 AM Finance Completed 07/24/2013'1:0:32 AM Packet City Attorney Completed 07/25/2013 10:47 AM Community Development Completed 07/25/2013 10:51 AM City Manager Completed 07/25/2013 11:30 AM City Council Pending Q ORDINANCE NO.- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 18 OF THE. GRAND TERRACE MUNICIPAL CODE - BY REPEALING AND REPLACING CHAPTER 18.70 ADULT BUSINESS REGULATIONS IN ITS ENTIRETY -- N C 2 THE CITY COUNCIL OF THE CITY OF GRAND-TERRACE-DOES ORDAIN AS o FOLLOWS: SECTION 1: Findings: C A. Regulation of adult businesses have previously been established by the m City in the adoption of Ordinance No. 153, Chapter 18.70 (Adult Business Regulations) = to be necessary for the .protection- of the public welfare; due. to the potential. negative a secondary effects of adult-businesses, including--the following: crime, especially in the .. form of illegal drugs and prostitution; .the deterioration of the city's retail trade; blight in M neighborhoods and the reduction of property values;-the.-disintegration-of the quality of the city's neighborhoods and the city's commercial districts; risk to the city's quality of life; the increased threat of.-the spread of sexually transmitted diseases; and potential interference with the peace, welfare and privacy of persons who .patronize adult businesses. The City Council reaffi-ms the need for the special legulation. of such V businesses on the stated bases:and as set forth in detail herein-. y U) B. The City.Council, in:adopting this ordinance, 'takes legislative.notice of the n existence and content of the detailed studies and reports prepared by other jurisdictions m' relating. to the negative social and economic secondary effects on persons and 3 properties surrounding established .adult businesses,.,including the following: study of a Garden Grove, California (1991), study of Tucson, Arizona (1996); study of Seattle, Q Washington (1989); study of Austin, Texas (1:986); study of Oklahoma City, Oklahoma r (1:986); study of Indianapolis, Indiana.(1984); study of Houston, Texas (1983); study of0.; Beaumont, Texas (1.982); study-.of Minneapolis, Minnesota (1980);, study. of Phoenix, CL Arizona (1979); study of Amarillo, Texas (1977); study of Cleveland, Ohio (19.77); study of Los Angeles., California (1977); the recitals of Ordinance Number 96-5 of the City.-of � Newport Beach, -finding that crime rates:are higher in.areas surrounding.adult-oriented businesses than in other areas, that'the existence -of adult-oriented businesses which permit public nudity has been ;shown in some cities to reduce the property values in o those areas surrounding the adult-oriented businesses;:the law enforcement experience of the City of La Habra and the City-of Anaheim with the'negative secondary effects of sexually-oriented businesses that both do.and:do.not-serve:alcohol; study of New York, s New York (1994); study of Newport News, Virginia.(1996);.study ofTimes Square; New York City (1994); Report of the Attorney General's Working Group on the: Regulation of a Sexually Oriented Businesses, Attorney General, State 'of . Minnesota (1989); A Methodological Critique of :the Linz-Paul Report: A Report to the San Diego- City Att tney's Office (2003); Sexually Oriented Businesses: An Insider's View — Testimony of:David Sherman. before the Michigan House Committee on Ethics and Constitutional Page 1 of 35 = _Packet``Pg`11'� Law (2000); Closin' Time: Effective Regulation of Adult:Businesses' Hours-of Operation, by Scott Bergthold (2000);: Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented-Businesses; by Louis Comus ill (2001);-:Peep Show Establishments, Police Activity-, Public Place and Time: A Study. of Secondary Effects in ,San Diego, California, 'by Daniel Linz et al. (2004).- and Do Peep-shows "Cause" Grime? A response to.Linz, Paul, and Yao, by Richard McCleary et al .(2006-). H - o C. The City Council is cognizant of the specific danger from- the sexually transmitted disease AIDS, which is currently irreversible and -can be fatal. The: City Council takes legislative notice that according to statistics-provided by the Los Angeles ' County Public Health Department in its Epidemiologic.:Profile of HIV and AIDS in Los y- Angeles County 2009 ("Epidemiologic Profile of HIV and AIDS") as of December-31, c 2009,.:a cumulative total of .76,383 persons. with HIV/AIDS have been reported.in :Los m An County. Of these, a cumulative total of 56,091 persons have :been diagnosed = witfi AIDS., of which 31,4.48 have died during this time period.. There are now over a 44,450 reports of persons living:with HIV in Los Angeles County;:of these approximately 24,600 living with AIDS. The .City .Council also.-takes legislative notice of the HIV Disease Surveillance Statistics 201-0; County of Orange. Health Care Agency, Public Health 'Services, HIV/AIDS: :Surveillance and Monitoring 'Prog.fam '("HIV Disease H Surveillance Report''), which:states that Orange:County reports:that it ranks fifth highest c among California's 58 counties in number of AIDS cases reported and fourth highest in the number .of HIV cases. reported. The HIV Disease Surveillance Study reports that d 10,846 AIDS and HIV (non-AIDS) cases were-reported in Orange County between 1981 and 2010. Cumulatively, 4,255 :persons have died of AIDS, and 6,591 are living with d \ AIDS/HIV in Orange. County. In 20.1.0, there were� 185 HIV and 76. .AIDS cases diagnosed in Orange County: The City Council also takes legislative notice of the HIV 1 :m AIDS Epidemiology Report 2012 ("HIV/AIDS Epidemiology .Report") prepared by the Public Health Services-Division of the County of San Diego,Health and Human Services a Agency. According to the HIV/AIDS Epidemiology Report,-San Diego County has,the ti third largest number of HIV and.AIDS cases in-.California. During:the reporting.period of r 198.1 through December of 2011 14,8.05 AIDS cases'were reported throughout San Diego County, and: approximately 5q9/6: of those .AID ,patients have died during the � reporting period. Between 1985 and December 2011, a total of-4,901 HIV cases were reported, with'1-,020 of the diagnosed,cases occurring between 2009 through 2011. 01 . c D. The City Council is also concerned with preventing the spread of other sexually transmitted diseases .such as syphilis, gonorrhea, chlamydia, and hepatitis B. o The City Council takes legislative notice of the Sexually Transmitted Disease Morbidity Report, 2010 prepared by the County of Los Angeles Department of Health Services; c Public'Health Sexually Transmitted Disease Program ("L.A: County STD Morbidity E Report"), and the Annual Morbidity Report -and -Special Studies Report 2010, Los Angeles County Department of Public--Health, Acute Communicable Disease Control a Program ("2010 Communicable Diseases Morbidity Report"). The Los Angeles County STD Morbidity. Report indicates that between 2006 and 2010, 212,074 :cases- of chlamydia, 49,.950 cases of gonorrhea, and 14,546 cases of syphilis, including 168 cases.of congenital syphilis, were.reported for Los.Angeles County residents, while the Page 2 of 35 . Packet�Pg=12' 201:0,Communicable Diseases Report reported 356 cases of hepatitis 8 were reported between. 2005 and 2010; The County,of Orange Health Care: Agency, 2006-2010 Epidemiology and Assessment'Cases and Case Rates.of Reportable Diseases-, reports. that at between 2006::and 2010, 1,560 cases of syphilis,-448.33 cases ofgo.norrhea 41,276 bases of chlamydib, .and 94 cases of hepatitis 8 Were reported. The City Council also takes -legislative notice of :the: County of San :Diegoi Health: and Human Services Agency, HIV, STD and Hbpatitis13 ranch,of Public Health Services Sexually Transmitted Diseases in, San,Diego County, 2011-Data Slides, September:ember 2012 , the County of San Diego., Health and: Human Services .Agency, Public Health Services, Reportable Diseases and Conditions by Year of Report, 207-2011, which report that 83,605 -cases- of Chlarnydia, 13186 ,cases of gonorrhea, 1,749 cages of syphilis, and 4,773 cases of hepatitis B were reported throughout San Diego- County between 2006 and 201 1._ It should also be noted that the Los Angbies.-County 2009 Epidemiological Profile, for :U) HIV/AIDS states that many sexually transmitted diseases, included syphilis, gonorrhea *J and Chlamyd ia-can-facilitate the transmission of HIV and-thatthe presence ofa sexually transmitted di*sease is thought to increase the odds of HIV transmission three to five- fold. E. The City Council takes legislative notice of the findings and studies conducted .in this and other cities regarding- increases in crime :rates, decreases in ;2 property values and' ' the blight of areas: inwhich adult businesses are located, as such studies are referenced in the -following: court-opinions: TM. Smith: v. County. of Los Angeles, 211 Cal. App. 3d- 1-88-,.259'Cal. Rptr-. 2d,231 (1989) (discussing County of Los Angeles -study), City of Renton. -v. -Playtime Theatres, lho., 475 U.S. 946, (1979). (discussing City of Renton, Washington:study); Movie.&"Video World v. Board of Countyy. Commissioners, 723 F. SUpp. 695 (S.D. Fla. 1:989) (discussing County of Palm Beach, Florida study. F. The City Council also takes legislative notice of the facts- recited in'.the ti cases of Kev--, Inc. v. Kitsap..County, 793 -:F.2d 1053 (9,th Cir. 1986), and Colacurcio.y. AM Kent, 163' F.3d 545 (9th Cir. 1998), regarding how live adult entertainment results in- secondary effects such as prostitution the sale and use of drugs, and other law enforcement problems; as well as the experience �of other cities and counties in adopting adult business:regulations (see also Colacucio v. City. of:Kent, 529 U.S. 1053 .(2000)). C 2' F. The City Council finds that the above studies-and reports are relevant to 0 the problems addressed by the City in enacting this-ordinance to regulate the adverse- secondary effects of-adult businesses, .and more specifically finds :that these studies and reports provide convincing evidence that: E T. Adult businesses-are linked to.:incroases in the crime rates in those -areas in whichthey are located and in surrounding areas; Page 3 of 35 2. Both. the proximity of adult businesses to sensitive land uses and the concentration of adult businesses ,tend:to result in blight and deterioration-,of the areas in which they are located; 3. The proximity and concentration of' adult businesses adjacent to residential, recreational,.religious, and education uses, as.well as the proximity:to other adult businesses can have adverse secondary effects on local businesses c and residences; and 4. There is substantial evidence than an increase in crime tends-to accompany, .concentrate around, and be aggravated by :adult :businesses, including but not limited:to an increase in the crimes of narcotics distribution and c use, _prostitution,. pandering, and violence: against persons and property. The studies from other cities establish convincing evidence that. adult businesses m which are not regulated, as to permissible locations often have a deleterious a effect on nearby businesses in residential :areas, causing, among other adverse .. secondary effects, an increase.in crime-and a decrease in-property values. M G. The locational: .requirements established by this ordinance do- not _ unreasonably- restrict the establishment or operation of constitutionally protected adult :C businesses, and a sufficient number:of.appropriate .locations for adult businesses are provided in this ordinance, given the size.and. population mof.the City of Grand Terrace, the wide availability of-alternative adult businesses near Grand Terrace and within a V reasonable distance therefrom, and the access to and contemporary use-of the internet d in:place customer patronizing of physical:locations of adult businesses. m H. The City Council: finds that the. separation and .1ocational requirements herein afford a reasonable opportunity for adult businesses to locate in the City of a Grand. Terrace, taking .into account all facts and circumstances relating to adult ;. businesses and the demand for such uses within the City and surrounding areas, including the following: a 1. The 'City's ..ordinance will be evaluated on the basis of whether it 0 "allows for reasonable alternative avenues-of communication." City of Renton v. Playtime Theatres, 475 U.S. 4.1., 53 (1986); c - a 2. The I O Circuit Federal Court of Appeals :has, for instance, found o in Boss-Capital, Inc. v. City of.Cassel berry,. 187 F..3d 1251 (11th Cir. 1999), that- three adult business sites was sufficient for a town with a population of 24,000; d .E I The -City of Grand Terrace has had no applications for adult, business establishments within_the City at any time-in the nearAistantimst; a 4. Numerous adult businesses are located within 22 miles of Grand Terrace-, and are easily accessible to residents of the City; and- Page 4 of 35 `�PacketJ°Pg�14 ' 6. As set forth below,.there is significant access to adult materials and entertainment via:the internet, mail-order, and other means which do dot require a physical business location. I. The City of-Grand Terrace had a.population of 12,040 at the 2010 United States Census and the total:size of the City is,3.6:-!square-miles. C .2 J. The City Council recognizes that residents:in.the City must generally travel to entertainment in the area, such as movie theaters, of which there are none within the City. Specifically, residents likely travel-,9.5 miles to theaters in.'Red lands,,for-instance, 2-2 miles to Rancho Cu camong aNictoria-Gardens, or 13 miles to Riverside. The closest theater is in the City of Riverside, 5.8 miles from the City of Grand Terrace. K. The City. Council further recognizes that, as to adult businesses in particular, there-are 16 adult businesses within 22 miles of the City-of Grand Terrace. V Six of these.-businesses are within 5.8 miles.and two are within two miles of the City. The adult businesses in close proximity -to- the City of Grand Terrace, include the. %CD _ co following: C 1 Live entertainment establishments: Club. 215 at 2680 S. La Cadena,,Colton- Fantasy Club at 1091 S. La Cadena, Colton;. ton;. Flesh esh Club at 1.00 W. Hospitality Lane, San Bernardino; D6JA ,vu. at. 1351 W; Colton Ave., Redlands; Spearmint Rhino Club at 312:S. Riverside-Ave,, Rialto; Villa Theatre at 1420' W. Holt Blvd. Ontario; Eyefull Adult. Entertainment at 5282 W. Mission Blvd., Ontario;,and Tropical Lef at.2121 W. Foothill Blvd., Upland; and 2. Retail stores, including books, novelites and/or videos: "For Discriminating Adults (SI3 Books)" at 304 South: E St., San Bernardino; Lotions and Lace at 1.06 Inland Center,, San Bernardino; "Le Sex Sho.ppe (Pleasure ti Shop)" at 304W Highland Ave., Sari :Bernardino; "Bear Facts Adult Bookstore" at 1434 E. Baseline, San Bernardino', 'The,Adult Shop at 736 Tennessee St,, Redlands; Happy Time Adult,Bookstore at 13834 Old 215 Frontage,Rd., Moreno CL ..Valley;. Baseline ' Books at 25557 Baseline St., Highland; "Jackman Adult Bookstore" at 27409:5th St., Highland-. Ro'mantixa. t 3945 Market St., Riverside; Lotions and Lace at 10175- Magnolia Ave., Riverside; A Touch. of Romance at 10281 Magnolia Ave., Riverside;. Lotions & Late, at -9197 Cd'httal Avenue- Montclair; Toy Box at 1999 W. Arrow Rte., Upland; and-'!Adult Book and Video- 0 Mustang" at,961 N. Central Ave:, Upland. L. Further, the internet is a judicially recognized alternative channel of E_ communication and the-City Council takes legislative notice of judicial opinions-making. such findings, as Well-as the fact that adult businesses often no longpr-ne'ed a physical location within a community to be readily available via the- internet, or"even by .mail- order:products to residents and custome' within a-community 0 s U rs (see Anheu er�B 8bh, Inc. v. 8chmoke, 101 F.3d 325, 329 (4th Cir. 1006), c6it. denieid'520,U.S. 1204 (1997). f.Internet is one available channel of:communication]; Reno v. American-Civil Liberties Page 5 of 35 Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874- (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; .United States v. .Hockings, 129 F.3d 1060 (9th Or. 1997); United-States v. Thomas, 74 F.3 .d 701 (6th Cir. 1996), cent. denied.51.9 U.S. 820 [recognizing the Internet as a medium for transmission of'sexually explicit material in the context of obscenity prosecutions]) . ., c O M. It is not the intent of the City Council in adopting this ordinance to suppress.any.activities protected by the First Amendment, but rather to enact a content- neutral ordinance which addresses the secondary effects 'that adult -businesses may have on the city: :In developing this ordinance, the City. .Council has -been mindful of N legal principles 'relating to regulation of adult businesses and does not intend to c suppress-or_infringe upon any-.expressive activities protected by the First Amendments m of :the United States and California- Constitutions, b.ut instead desires to enact = reasonable time, place, and manner regulations that address the adverse secondary Q effects of.adult businesses. The City Council: has considered decisions of the .United .. States Supreme Court regarding local regulation of adult businesses; including but not r limited to the fo'llow6g; Young v. American Mini Theaters,:Inc., 427 U.S. 50_(1976); Ci of Renton,v..Playtime Theaters, 475 U.S. 41 (1:986); FW/PBS, Inc..v. City of Dallas; 493 U.S. 215 1990 ; Barnes v. Glen Theatre, 501 U:.S..560 1991. ; Cit of Erie v. Paps A.M. ;2 ("Kandyland"), 529 U.S. 277 (2000). The City Council has also considered United States Ninth Circuit Court of Appeals -decisions. and decisions in other-jurisdictions, including but not limited,to .the following: City.of National City v...Wiener 3 Cal: 4th:8-32, 12 Cal. Rptr. 2d 701, 838 P:2d 223 (1992); ced. denied 510 U.S. '824 (199.3);People v. Superior Court(Lucero), 49 Cal. 3d 14, 259 Cal. Rptr.740; 774 P.2d 769(1989); City of ,L Vallejo v. Adult Books, 167 "Cal. App. 3d 1169., 213 Cal. Rptr. 143 (1985), cent. denied 475 U.S. 1064 (1-986); Lakeland Lounge v..C6..of Jacksonville,.' F.2d 125.5 (5th Cir. - 1992), cent. denied 507 U.S. 1030 (1993); Hang On, Inc. v. Arlington, 65 F.3d 1248 (5th a Cir. 1995); International. Eateries v. Broward .County, 941 F.2d 1157 (11th Cir. 1991), CD cent. denied 503 U.S. 920 (1992); Lady J.1ingerie v. City of Jacksonville, 973 F.,Supp. 1428 (M.D. Fla. 1997); Lady J. Lingerie,v. City of Jacksonville, 176 F.3d 1358 (11th Cir. w 1-999) ("[a]mple evidence . . . supports the . . . finding that.illegal and unhealthy activities C take place -in small rooms at adult entertainment establishments."): Movie & Video World, Inc.. v. Palm Beach County, 723 F. Supp. 695 (S.D.. Fla. 1989); Colacurcio: v. Kent, 163 F.3d 545 (9th Cir. 1998).,. 529 U.S. 1053,(2000); _T_ily B. v. .City of Newport o Beach, 69 Cal. App: 4th 1, .81 .Cal. Rptr. 2d 6 (1.998); Topanga Press, et al. v. City-of 4E Los Angeles, 989 F.2d 1524'(1993); Kev,.Inc. v..Kitsap County, 703 F.2d 1053 (9th Cir. o 1986). c N. The City Council recognizes that adult devices (i.e: adult novelties and/or s adult related products) such as dildos,. fur-lined handcuffs, leather whips, anal beads, and :devices that are:physical representations of human genital organs, are :not speech a and enjoy no First Amendment protections, Ford v. State.of Texas, 753� S:W.2d 451, 452-453,(1988); Sewell V. State of Georgia, 233.S.E.2d 187,: 188A:89 (1977); Chamblee Visuals, LLC v. City;of Chamblee, 506 S.E.2d 113, 115 (Ga. 1098); and Red,Bluff Drive- 'In, inc. v. Vance,.648 F.2d 1020 .(5th Cir. 1981). Page 6 of 35 =�Packet+P;gs.16 __ f__34'Cwa 3 - 1 O. The City Council finds that locational criteria. (over-concentration regulations), alone,. do-not adequately protect the health, safety, and general welfare of the citizens of'the-City. of Grand Terrace, and thus certain requirements with respect to the ownership and'operation of adult businesses-are in the public intetbs. P. The City Council finds the-following with respect to live performers at adult "A businesses: 1. Evidence indicates.that some dancers, models and other persons- who publicly perform "specified sexual activities" or publicly display "specified y anatomical parts" in adult businesses (hereinafter collectively referred to as ".adult CD business performers") have been found to engage 'in sexual activities with m patrons of adult businesses on.the premises.of such adult businesses = 2. Evidence demonstrates that adult business performers have been a found to offer -and provide private shows- to' .patrons who, for .a price, are co permitted to observe and participate with the performers in live:sex :shows; 3. Evidence indicates that adult business performers have been found .0 to engage in acts of prostitution with patrons of adult business:establishments; IM 4. Evidence indicates that fully enclosed booths, individual viewing y areas, and other small rooms whose interiors cannot be seen from public areas d within an adult business establishment are used as a location-for engaging in y unlawful sexual activity;' m 5. Evidence indicates that adult:businesses are frequently used for a unlawful sexual activities, including prostitution-and sexual .liaisons of a casual ti nature; and for the exchange and use of illegal drugs; andco d 6� As a result of the above, and the increase in incidents.of AIDS and Hepatitis B and G, all of'which are sexually transmitted diseases, the city has a substantial interest iri adopting.regulations which will reduce, to the greatest extent possible; the occurrence of prostitution. and sex acts-.associated with C specific health risks at.adult businesses, a 0 Q. The City- Council finds that enclosed- or concealed booths and dimly-lit- areas within adult businesses greatly:increase the potential for misuse of the premises, including potential harm.to patrons and adult,business performers, :and unlawful conduct E of a type -which facilitates the transmission of disease. Requirements that all indoor areas be open to view by management of adult businesses at all 'times, and that a adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore-,. the incidence of,; illegal conduct and harm to patrons,and adult business performers within adult businesses, and to facilitate the inspection of the interior of the premises by law enforcement personnel. The Council' relies on the opinions of courts Page 7.of 35 ,PackefPg,17;' upholding such requirements, including but not limited to Fantasyland Video, Inc. v. County of San Diego, 505 F.3d-996, 999-1000.(9th-Cir. 2007). R. The City Council ;finds: that a permitting scheme is a legitimate and reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations :and to ensure that operators do not.:knowingly allow their establishments to be used as places:of illegal sexual activity or solicitation,, and further c finds that these. methods of regulation_ constitute a: .legitimate exercise: of zoning; cc licensing .and police power authority to protect the quality of-life in the Grand Terrace community and minimize the adverse secondary effects which naturally accompany'the operation of adult businesses. d S. The City Council recognizes the possible harmful:effects on children and m minors exposed to the effects of adult b.usinesses:.and ,the need and desire of children = and minors to stay away from and avoid such businesses, which causes-children to be a fearful and cautious when walking through or visiting the =immediate neighborhood :of such businesses; desire to minimize and control. adverse secondary side effects. co associated with the'operation of adult.businesses;.:pteserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses; and deter the spread of urban blight: o .. T. The City Council,specifically takes note of the possible harmful effects. on d children and- minors exposed to the effects of adult businesses or adult-oriented material, and recognizes the need to regulate adult businesses and/or materials in order d. to minimize and/or eliminate such exposure.- The City Council further acknowledges the provisions of California Penal Code Sections 313, et seq., and Section 313.1(0), in particular, authorize local-.governments to regulate matter that is harmful to minors,-.and that courts have upheld a city's compelling interest-in :protecting minors from sexually Q explicitly, adult=oriented materials. Crawford v.- Lungren, 96 F.3d.380 (9th Cir 1996)-, ti cent. denied 520 U.S. 1117 (1997) (state statute balanced competing interests :of access 00 to adult-oriented publications'With public interest in shielding minors from influence of such materials. by limiting their'access to such publications); Berry v. :City of, Santa cc Barbara, 40'Cal. App. 4th 1075 (1995) (same). d U. The .City Council -finals that requiring .adult businesses. to :install and maintain video surveillance equipment at the business establishment-is an appropriate restriction on:such businesses, :necessary to further the important governmental interest o in deterring crime or illegal activity at such businesses, including: but :not limited to possible prostitution, ' altercations "between patrons, thefts, burglaries, and drug c transactions: The City, Council further .finds that the video surveillance provisions E enacted herein are specific'as to the exact type:of equipment to:be installed, as well as to the manner of installation, such that the provisions.are not vague and.are necessary a to ensure usable quality recordings. In addition, these provisions, regarding the maintenance of the surveillance systems and the installation of specific equipment, such as monitor size, type of video recorder, and type of video camera, are the minimum necessary to ailow police investigation of crimes committed at adult businesses. Page 8 of 35 V. The City Council has also determined that a closing hours requirement promotes the reduction of deleterious secondary effects from adult businesses, and th i Council reasonably relies_on prior -court decisions -on the need for closing hours, including Mitchell V. Commission on Adult Entertainment, 10 F.3d 123, 13'1-139 (3d Cir. 1993); Lady.�J.. Lingerie, lnc.'v...City.of Jacksonville, 973 F. Supp.- 1:428 (M.D. Fla. 1:997) and -Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (.11th Cir. 1999); c Faritasyland Video,: Inc. v. County of San Diego,' 506. F.3d 996, 999-1000 (9th Cir. � 2007);.Deia Vu of Cincinnati,.LLC v. Union.Twp. Bd. of Trs., 41.1 F.3d 777, 789-7.92 (6.th r Cir. 2005); Richland Bookmart. Inc: v. Nichols, 137 F.3d 435; 440-441 (6th Cir. 1998); City of Colorado Springs.v. 2354, Inc., 896 P.2d 272•(Co. 1995); Center:for Fair Public N Policy v: Maricopa County ("Maricopa"), 336 F.3d 1153 (9th Cir: 2003); 'DiMa Corp. v. c Town of Hallie, 185 F.3d 823•:(7th Cir. 1999);:.Richland Bookriiart. -Inc. v. Nichols, 137 � F..3d 435 (6th Cir. 1:998); National Amusements, Inc. v..Town of Dedham-,-43 F.3d 731. °0 (;1st Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F:3d 123 (3rd Cie. a 1993),.Star Satellite.v. City.of Biloxi, 779 F.2d 1074 (5th Cir. 1986). .. 0 co W. The City Council recognizes that this ordinance is necessary to revise the permit application process for adult businesses to bring the city's.ordinance current with existing case law and to further reduce and control the negative secondary effects of e adult businesses.. This is in keeping with. evolving case.law and is part of the city's 3 continuing. efforts to balance the First Amendment rights of adult business operators and patrons with the city's substantial :governq.mental interest in reducing: adverse U, secondary effects relating to such businesses. The use.of a permit process is essential to eliminate the adverse,second a effects of adult businesses b allowing: the city to eY : � Y 9 Y monitor and-:regulate the location and concentration of such establishments, and, iriJact, m is the least.restrictive means for the City of Grand Terrace to.do-so, constitutionally and effectively. a 0 X. The City Council finds that preventing the .direct exchange :of moneyco between adult business performers and patrons will serve'to reduce the likelihood of drug:and sex transactions occurring,in adult businesses. Requiring separation between adult business performers and patrons also reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual-favors within the:adult business.. • c Y. The City Council believes that, •prohibiting physical contact between performers and patrons at,an adult use. business, requiring separate entrances for -o performers from those used for patrons, requiring separate restrooms for opposite sexes, prohibiting performers from soliciting payment :of gratuities frohi' patrons, and prohibiting the direct payment-of gratuities to performers by patrons area reasonable E and effective,means of addressing the legitimate governmental interests of preventing prostitution, the spread of sexually transmitted diseases, and drug transactions. a Z. The City Council; recognizes that a number of courts of law have upheld distance limitations 'between performers and patrons, prohibitions against physical contact between performers and,patrons, and direct payment and receipt of gratuities .Page 9 of 35 between performers, and patrons at adult business establishments that provide live entertainment, including-the--following: Kev, :Inc. v. Kitsap County,-793 F.2d 109.1 (9th Cir.. 1'986); DLS, Inc. v. City of Chattanooga, 804 F. S.upp. 1140 (E.D: Tenn. 1995); Parker v. Whitfield' County, -463 S.E..2d 116 (Ga. 1:995.); Hang On, -:Inc. v. City of Arlington, 65 F.3d-1248- (5th Cir. 1996); Colacurcio v. Kent, 163 F.3d 545 (9th -Cir. 1998),. $29 U.S. 1053 (2000); Tily B. v., CitV of Newport -Beach; 69 Cal. App. 4th 1 r. (1.998); Entertainment.Prods., Inc. v. Shelby County,.588:F.3d 372, 394 (6th Cir. 2009); c and 729, Inc. v..Kenton Countv Fiscal Court, 515 F.3d 485,493 (6th.Cir. 2008). Z_ AA. The City Council takes notice of the fact that California Penal 'Section 318,5 and 318;6 acknowledge the authority of local governmental agencies to regulate topless and bottomless waiters, waitresses, and entertainers, or exhibitions in public places. - m BB. In developing this ordinance, the City Council is mindful of legal,principles a relating to the regulation-of adult businesses. The City Council has considered decisions of .the United .States Supreme Court regarding local regulation of adult businesses, co including but not limited to the following:: Gammoh v: City:of La Habra, 395: F.3d 1114 (9th Cir, 2005), amended 402- F.3d 875, :cert. denied 126 'S.Ct. 374: Dream Palace v. _ County..of:..Maricopa, 384 :F.3d 990 (9th Cir.. 2004); World Wide Video.. v.. Clty of :e Spokane, 368 F.3d 1186 (9th Cir. 2004); Diamond v....City of Taft, 2.15. F.3d 1052 (9th Cir. 2000), cent. denied .531 U.S. 1072 (2001.); Isbell v. City of San Diego, 258 F.3d 1108 :(9th Cir: 2001); Young:v..City of Simi Valle y, 216 F.3d 8.07 (9th Cir. 2000);-cert. sw w denied 531 U.S. 1104 pool ; Lim v. City of'Long Beach, 217 F.3d 1050 (9th Cir. 2000); d\ cent. denied 121 S:.C.t. 1189 (2001); :Baby Tam & Co., Inc. v. City of:Las-Vegas ("BabV Tam 1"), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas .16 ("Baby Tam ]"), 199 F.3d 11:11 (9th. Cir. 2000); Baby Tam .& Co., Inc. v. City of :Las Z Vegas (",Baby Tam.11l"), 247 F.3d 1003 (9th Cir. 2001);.4805 Convoy;.Inc.._v. .City of San a Diego, 183 F.3d 1108 (9th Cir. 1999); Spokane Arcade, Inc..v. City-of Spokane, 75,.F.3d ti 663 (9th Cir. 1996); Department of Alcoholic -Beverage Control. V. Alcoholic Beverage CO Control Appeals Board of California ("Vicary"), 99' Cal.App.4th 880 (2602); G.M. Enterprises v. Town-of St. Joseph, 350 F.3d 631 (7th Cir,'2003); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir'.. 2003); NSW. Enterprises, Inc. v: :City of Houston, 372 F.3d 333 (5th Cir. 2004); and,N.W..Enterprises, Inc. V. City of Houston, 352 F.3d 162 (5th Cir. 2003)1 EIIWest Stereo Theatres, Inc. v.Wenner, 681 F.2d 124-3 (9th Cir. 1,982) (including its finding that-there is.no constitutional right to unobserved masturbation in a public place.); Deluxe Theater & Bookstore. Inc. v. City of'San Diego, 175 Cal. App. -3d o 980 (1985) (f nding.that the right to privacy guaranteed by the California- Constitution does not protect the right to unobserved masturbation in a public place.); .County of San d Diego v. 1560 N. Magnolia Ave., 2009 Cal. App. Unpub. LEAS 1198, 27-28 (Cal, App. s 4th Dist. 2009); .Heideman-v. -S. .Salt Lake Citv,' .1.65 Fed. Appx. '627, 633 (10th .Cir. 2006). a CC: The City Council finds that a:permit:appellant is afforded judicial:review of a decision relating to.an adult business permit pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 and that such review is, by experience, prompt. _Page 10 of 35 - `_Packet Pg;.20' DID, :It is not the intent of the City. Council in enacting.-this ordinance, .or any provision thereof, to .condone or.legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law .enforcement officials to enforce state obscenity statutes against such,illegal activities.in the City of Grand Terrace. 0 EE. In prohibiting public nudity in. adult businesses, .the City Council does.not �. intend to.;proscribe the communication of'erotic messages or-any other communicative 0 r element or, activity, but rather only to prevent. or ,reduce the secondary impacts �J associated with such public nudity. N d. c FR. The City Council also finds, as a wholly independent basis, that..it has a :m substantial public interest in preserving societal order and morality, and that such = interest.is.furthered by a prohibition on public nudity. GG. The City Council' declares that the restrictions d pursuant to this- impose M ordinance are part::of.a regulatory licensing process, and do not constitute a criminal offense. , Notwithstanding any, other provisions,of the Grand Terrace Municipal Code, �. the City does not impose .a criminal penalty for violations of-the ,provisions of this C_ ordinance related to- ;sexual conduct or activities. The City Council .adopts these limitations:only as a condition of issuance and maintenance of an adult business permit issued pursuant to the City's Code. - H d HH. Nothing: in this ordinance is intended:to'authorize, legalize;- or permit the N establishment, operation,. or :maintenance of: any business, building, or use which m. violates any City ordinance-or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or a harmful matter or the exhibition-or public display thereof: ti co , II. As -provided in 'the severability clause of this ordinance, the .City Council finds that in the event of invalidation= of the permitting requirements in this ordinance, C any adult business which operates in the city should nonetheless be subject to :the remaining requirements-of this ordinance, including but not limited-to .the lo.cational and. operational requirements, and the revocation and: violation provisions, each of which would have.been adopted independent of the permit issuance provisions. 0 JJ. On June 7, 2012 the City 'Council adopted:an interim urgency ordinance declaring and imposing a forty-five (45):-day Citywide moratorium on:the .establishment c or expansion of adult businesses, and extended the interim urgency ordinance by--an s additional ten (10) months and fifteen (15)-days on July 10, 2012. KK._ On April 2.3, 20131 the City Council adopted an interim urgency ordinance extending :the City-wide moratorium on the establishment or :expansion of .adult businesses, by an additional twelve (12).months. -Page 11 of 35- SECTION 2. On June 6, 2013, the Planning Commission conducted a duly noticed public hearing at the Grand Terrace Council Chambers located.at 22795 Barton Road, Grand Terrace, California 92313-and voted 4-0 recommending City Council approval of new-Chapter 18.70 entitled "Adult Business Regulations". SECTION 3. On July 23, 2013, 'the City Council conducted a duly noticed :public H hearing on the:proposed Ordinance at the Grand Terrace Council Chambers located at c 22795 Barton Road; Grand Terrace, California 92313, and conducted second .reading on August�13, 2013. SECTION .4. The City Council hereby finds that this- activity is not-"subject to the California -Environmental Quality Act (CEQA) if the activity will not result in a direct or reasonably foreseeable indirect physical :change in the --environment (Section 15061(c)(2)); and where it can be seen with certainty that there is no possibility that the m activity in question may have a significant effect on the. environment (Section a 16061(b)(3)).. The Notice of'Exemption has been reviewed -and:.considered and reflects the independent judgment of the City Council, and is hereby adopted. M V SECTIONS. The City Council finds that the proposed zoning-amendment will not..be detrimental to the health, safety, morals, .comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or.injurious to property' or improvements in the neighborhood or within the City because the d regulations are intended to- place reasonable. standards on adult- businesses for the a purpose of minimizing potential adverse secondary impacts to surrounding uses, such d as crime; the deterioration of the city's retail trade; blight in neighborhoods and the reduction,of property values; the disintegration of.the quality of the:.city's neighborhoods A and the city's commercial districts; and risks to-public health-and-safety. SECTION .6. The City Council also finds that the proposed zoning amendment is ti consistent..with the latest adopted General Plan;. such as Land Use Policies 2.3:5 and C 2.4.4 to implement. measures' and give special consideration to buffering. to- reduce potential land use ,incompatibility ,between commercially and industrially designated "C areas.and all other plan areas;:and Housing Policy 8.3.9 to prevent the encroachment of =� incompatible uses into established residential neighborhoods. SECTION 7. The City Council Hereby repeals in its entirety Ordinance No. 268, an : 165 interim urgency ordinance -extending for- twelve (12) months a .citywide moratorium, o adopted pursuant to Government Code Section 65858, temporarily prohibiting the establishment or expansion of adult businesses. d SECTION 8: - The City Council hereby repeals .and replaces in its .entirety Chapter R 18.70 of Title 1'8 of the Grand Terrace Municipal Code as follows: Q "Chapter 1.810 Adult Business Regulations Sections 18.70-.010 Purpose Page 12 of 35 18.70.020 Definitions 18.70..030 Conditional Use Permit Required. 18.70.040 Adult Business Permitted 18.10.050 Location.Requiremonts:ari,d Measurement:of Distances 18.70:060 Determination of Use 18.70.070 Development Standards 18.70.080 General:Operating Standards 18.7U-00 RegLilation of Adult Arcades and Adult Booth/individual Viewing-Area 18.70..100 Regulation:of Adult Live Entertainment 2 18.70.110 Regulation-of Adult,Motion Picture Theater 18.70.120 Regulation of Adult Modeling and Adult Photography Studios 18.70.130 Regulation of Adult Retail Store 18.70140 Inspections 1.8.10.150 Regulations non-exclusive and nuisance declared 44 Section 18.70.010 Putpose o It is the purpose and intent of this :chapter to -regulate the operations of adult Cn businesses,--which tend to have judicially recognized adverse-secondary effects on-the community., including, but :not limited to; increases in crime :in the vicinity. of -.adult 5 businesses; decreases in property values in the vicinity 0 adult businesses; increases in: vacancies in residential and commercial areas in 'the vicinity, of adult businesses, 1 CD interference with residential property owners' enjoyment of their properties when such W properties are located in the vicinity of adult businesses as a result of increases in. crime, litter, noise;' and vandalism,-. and the deterioration of neighborhoods. Special regulation of these businesses is necessary-to,preVeht these adverse secondary effects and the blighting or degradation of the neighborhoods in the:vicinity. of adult businesses while at the same :time protecting the "First Amendment rights associated with such V businesses. It is,- therefore,. the purpose of this Chapter to establish reasonable Q standards for the permitting and regulating of adult businesses. Section 18.70i020 :Definitions , A. "Adult arcade" shall mean a business establishment. to which the public is per'r hi fted or invited acid,where coin, card or slug operated. or electronically, - electrically or mechanically controlled devices, still-or motion pictures machines, projectors, videos, holograms, Virtual reality devices or other 'image.-;producing devices are maintained to show images on a regular or substantial basis, Where .0 the images so displayed are distinguished or characterized lby ap emphasis on matter depicting or describing, "specified , sexual activities" or. "specified anatomical areas." Such devices shall.be referred to as "adult arcade devices." E ea B. 'Adult boothAndividual viewing area" shall -mean a partitioned or partially enclosed portion-of an adult business used for any of the following purposes: - 1. Where a live or taped performance- is presented or viewed, where the performances and/or images displayed or presented are distinguished or Page 13 of 35. characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or"specified anatomical areas;" or 2. Where "adult arcade devices" are located,. C. 'Adult business"shall:mean: N' C 1. A. business establishment or concern that as a regular and. substantial .° course of conduct sells or distributes "Adult Oriented Material" or "sexually S: oriented merchandise", or which offers to :its patrons :products,- =n' merchandise, services or entertainment characterized by .an emphasis on matters depicting, describing, or relating to "specified.sexual-activities" .or d "specified :anatomical parts," but :not including those uses or activities which are preempted-by state law; m 2. Any business establishment or concern which.as a:regular and substantial a course of conduct performs or operates as an: adult bookstore,. :adult o theater, adult motion picture arcade, adult model studio, adult arcade, r adult retail. ;store, adult. cabaret, adult motel or hotel, adult modeling/photography studio, adult motion :picture theater, :sex -club, c sexual encounter center, any.business providing adult live entertainment, et cetera; or d 3.' Signs, advertisements or an establishment name 'including verbal :or y pictorial:.allusions to sexual stimulation or gratification or by references to "adult," "XXX" or similar terms, shall be considered evidence that the .establishment.holds itself out to.the public as a:sexually oriented-business. 00 D. "Adult cabaret shall mean a: business establishment (whether or, not serving a alcoholic beverages) that as a regular and substantial course of conduct features " CO adult live entertainment;" persons who appear in a state of:nudity or semi-nude condition, or which holds itself:out to the public where adult live entertainment is a available.- E. "Adult cabaret dancer', shall mean zany, person -who is .an employee or ail independent:contractor of an "adult cabaret"-or "adult business"-and who, with or without any compensation or other form of consideration,:performs as a sexually oriented dancer, exotic,dancer, stripper,, go-go dancer -or.similar dancer whose o performance on a regular and substantial basis focuses on, or emphasizes the r adult cabaret dancer's breasts,. genitals, arid/or buttocks,-but.does not involve exposure of "specified anatomical area's" or depicting or engaging in-"specified E sexual activities."- "Adult cabaret dancer"does not.include a patron. F. "Adult hotel/motel" shall mean a "hotel" or "motel" (as defined, in the Zoning , Code). that is used for presenting: on-a :regular and substantial basis images through closed circuit television, .cable television,.still or motion picture machines, projectors, -videos, holograms:,, virtual reality devices or other image-producing devices that are distinguished or characterized by the :emphasis on matter Page 14 of 35- - �Packet'�Pg�24� depicting .or describing or relating to "specified .sexual activities"I or "specified anatomical areas"; and/or rents, leases -or lets any room for less than a s.ixhour period, or rents, leases-or lets any single room more than twice in any twenty four hour period.. G. "Adult live entertainment" shall mean any physical human body activity; whether N performed or engaged in, alone or with other persons, including but not limited to c singing, walking, speaking,, dancing, acting,, posing, simulating,. wrestling or: pantomiming, in which'.: (1) the performer or adult cabaret dancer exposes.to public view, without opaque covering; "specified anatomical areas";.and/or (2):the y performance or physical human body activity-that-depicts, describes, or relates to 1A "specified sexual activities whether or not the specified anatomical areas are c covered. 1A m 24 H. "Adult modeling/photography studio"shall mean:a business establishment where a live :person who appears seminude,, in a state :of nudity, or who- displays a specified anatomical areas is provided to be observed; sketched, drawn, CD photographed, filmed, painted., sculpted, or otherwise similarly depicted by other persons, whether or not paying-for such services. "Adult modeling studio" does N not include schools maintained pursuant to standards set by the Board of o Education of .the State of California, or. that of an individual: artist studio established solely for conduct-of the artist. d I. "Adult motion picture: theatee' shall mean a business establishment, with or d without a stage-.or proscenium, where, on a regular and substantial basis and for N any:form of consideration, material is presented through films, motion pictures, m video cassettes, .sli'des,.laser disks, digital,video disks, holograms, virtual reality ^ , devices; or similar electronically-generated reproductions that,is-characterized by a the depiction or description -of "specified sexual activities" or "specified o anatomical areas." C J, "Adult oriented matenaf' shall mean accessories, paraphernalia, books; a cc magazines, laser disks, compact discs,. digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on c matter depicting, describing or relating to "specified sexual activities or .o "specified anatomical areas." "Adult oriented material" shall include-"sexually oriented:merchandise." c d K. "Adult retail store"shall mean a business establishment having as a regular and substantial portion of its stock in trade, -"adult oriented material" for sale or rent. Includes-a bookstore, video store or store selling adult novelty items.. a L. "Establishment of an adult business" shall.mean any of the following: -Page 15 of 35 �w:-`-Packet 1. The .opening or commencement of .any "adult business" (as defined above) as a new�business; 2. The. conversion of an: existing business, whether :or not. an "adult business," to any"adult business;" 3. The addition of any"adult business" to any other existing "adult business;" c 4. The relocation of any"adult business;" or 5. Physical. changes that expand the square .footage of an existing "adult business" by more than ten percent (10%). • c M. "Licensee" or "License Holder" shall mean a person in whose name a license to. m operate an adult business has been issued, as well as the person listed as an applicant on an application for a license; and' in the case of a performer or a manager, a person in: whose name a performer or manager's license has been o issued authorizing employment in an adult oriented business. v N. "Manage?" shall mean .any person designated by the owner or operator of--an c adult orientedi business to be responsible for the operation of such business-at a. .0 particular location at a particular time. CD - d O. "Nudity"or "state of nudity' shall mean the showing of the human male.or female H genitals, pubic area; anus, or buttocks with less than a fully opaque fabric d� covering; the showing of the female breast with: less than a .fully.:opoque fabric covering of any part of the areola; or the showing: of completely or opaquely ID: covered, by fabric, male.genitals in a discernibly turgid state- R. "Owner" shall mean any of the following: (1) the sole proprietor of an adult ti business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest-in a corporation or L.L.C. that owns and operates an adult business; .or (4) the person designated by the C officers of a corporation or the members of an L.L.0 to be the license holder for U. an adult business owned and operated_by:the corporation.. Q: "Performer"'shall mean.a person who is an employee or independent contractor of-an adult business or any other person who, with or without any compensation o or other form of consideration, provides adult live entertainment .or models for patrons of an "adult business". d. R. "Regular and substantial course of conduct" and "regular.and substantial portion E. of its business" means any adult business•where one or more of the following conditions exist: a 1. The business devotes more than fifteen (15).percent or 100 square feet of the retail floor area, whichever is less, to adult oriented material; or Page 16 of 35: Ell- Packet;Pg,26 2. The business or concern presents any type of Iive .entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or-performers, models or.employees appearing in public dressed onlyIn lingerie; or 3. At least twenty-five percent of the gross receipts -of the business are derived from:the sale, trade, rental, display or.presentation of services, products, c adult material, or entertainment which are. characterized by .an emphasis on matter:depicting, describing, or relating to.specified sexual activities or specified t anatomical areas. ' N S. "Religious facility shall mean-a -permanent facility exclusively-used, on a regular basis.for religious:assembly, such as customarily occurs in a-synagogue,-temple, mosque, or church, or convent;,or monastery. - m T. "School' shall mean any child care:facility or an institution of learning for minors, 'whether public or private, which offers -instruction in those courses of study o required by the California, Education Code or which is maintained' pursuant to standards set by the State Board'of Education. This definition includes a-nursery y school; kind ergarten,..elementary school; junior high school,.senior high-:school or c any special institution of education, but it does- not include a vocational or- professional institution of higher education, including a community or junior college, college or university - N N U. "Semi-nude" or.in a "semi-nude:condition" shall -mean a state' of dress in which c clothing covers no .more than the genitals, pubic region, and areola or nipple .of m the female breast. This definition includes-the entire lower portion of the human female breast.. - a V. "Sex Club" shall mean any establishment not primarily dedicated to providing % overnight lodging accgminodations, including a private club that permits,persons to engage.in specified sexual activities in any public or semipublic portion of the a establishment or which .provides any private room to persons more-than once.in a .twenty hour period: in which persons are permitted to engage in specified sexual activities. For the purpose ofthissection, a "public or semipublic portion of an establishment" shall :mean .:any portion of _the establishment in which = licensees, invitees, visitors or guests of:the establishment.or its members are -permitted access and:which is let, leased-or rented more than once in :a twenty- � hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, a -"sex :club" is also any place which represents itself to any -person or group of persons as a place for persons to engage in .specified sexual E activities. m W. "Sexual encounter center' shall mean a.business or enterprise that offers for any- form :of consideration :physical contact in the form of wrestling or tumbling between.two-or more persons,.when one or more-of the persons is in a state of nudity or semi-nudity. :Page 17 of 35 `_PacketaPg;r27 X: "Sexually Oriented Merchandise":shall mean- 1. Sexually oriented implements; paraphernalia, or novelty, items, such as, but not limited: to: dildos, .auto sucks, sexually oriented vibrators,. benwa balls, inflatable orifices;—anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-:oriented devices which are designed or marketed primarily' for the. stimulation of human genital -. organs or, c sado-masochistic activity or distinguished or characterized by their- emphasis on matter depicting, describing or -relating to "specified sexual activities or "specified anatomical areas"; or 2. Lingerie presented in combination with other merchandise contained within: this definition or, the definition of .adult oriented material; leather' goods marketed -or presented in -a context to suggest their use for sadomasochistic m practices; or condoms or sexual lubricants presented in combination with other merchandise'contained: within this definition or the definition of adult oriented a material. c C* Y. "Specified-Anatomical Areas" shall mean and include any.of the following:. U) c 0 1. Less than completely and opaquely covered, and/or simulated to be- reasonably anatomically :correct, even if :completely and opaquely covered human: :a . H - a. 'genitals, pubic region; b. buttocks,-anus; or L " c.. -female breasts .below a point-immediately above the top of the areola;-or ti 2. Human male genitals in .a discernibly turgid state, even if completely or opaquely covered. cc v Z. "Specified criminal activity' shall mean any:of the following,offenses: c 1. Prostitution or promotion of prostitution; dissemination .of'obscenity; sale; � distribution or display of harmful material to a minor; sexual performance 0 involving a child; possession or distribution of child pornography; public. T lewdness; indecent exposure; indecency with a child';. engaging in organized criminal activity:; sexual assault; molestation of a child; gambling; distribution of a controlled substance; state penal code; or.any similar offenses to those described in,this subsection under the criminal or a penal:code of other-states.or countries;-, 2: for which: Page 18 of 35 - sPacket-�Pg<28' a. Less than two years have .elapsed since the date of conviction or .the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense; -b. Less than five years have elapsed since the date of conviction or the r H date of release from: confinement for the conviction, whichever is the c later'date, if the conviction is of a felony offense; or L c. Less than five years have elapsed since the date of the last conviction. d or the date of release from confinement for the last conviction, y whichever is.the later date, if the convictions are of .two or more = misdemeanor. offenses or' :combination of -misdemeanor offenses �. occurring within:any 24-month`period. 00 3. The fact that a -conviction is being appealed :shall have no effect on :the a disqualification of the.applicant. o M AA. "Specified Sexual Activities shall mean and -include any of the .following;- irrespective of whether performed directly or indirectly through clothing or other c covering: ig d 1:. Human genitals in a state of sexual stimulation or arousal; and/or � y 2. Acts of human masturbation, sexual stimulation or arousal; and/or M. 3. :Use of human or animal ejaculation, sodomy, -oral copulation; coitus or m masturbation; and/or a 4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain,.or bondage:and/or restraints; and/or jeo 5. Human:excretion, urination, menstruation,rvaginal or anal irrigation; and/or r 6. Fondling or other erotic touching of:human genitals, pubic region,.buttock, or female breast. c Section 18.70.030 Conditional Use Permit Required !a 0 A. Each adult business must- prior to establishment of such business, first apply for and receive a conditional use.permit. B. Issuance, modification and/or revocation of a conditional use permit shall be in accordance with Chapter 18.83 of this title. a Section-18.70.040 Adult Business Permitted No.building, premises, structure or other facility shall be-permitted to:contain more than ' one type of adult business. as such types of adult business are defined in Section Page 19.of 35 l 18.70,020 of this chapter. For the- purposes of this section, the catch-all phrase "adult business" shall not be considered a single.type of:adult business.. Section 18.70.050. Location Requirements and Measurement of. Distances A. There_is created.a classification known as-the adult business (AB) overlay zone. The -zoning map identifying the adult business (AB) overlay zone is attached to the ordinance codified 1h this chapter as Exhibit A and is on file in the office of the city clerk. s The regulations set forth in this chapter shall apply in all zones,. in addition to other applicable.regulations, set forth:in this chapter and other applicable portions of this code; provided, however, that if any of the-.regulations specified-in this chapter differ from any of the corresponding-regulations specified in this -title, or other ordinances for any zone or area which;is combined-with the AB overlay,zone, then.in:such case the provisions:of this.chapter shall govern as to matters pertaining to planning and zoning. Subject to the m foregoing, adult businesses shall be permitted in all areas designated as being located in the. AB: overlay zone, provided that each adult business must comply with all a applicable-'regul.ations of other zoning use designations with which the AB overlay zone o is:combined. M B. Separation Standards. A permitted adult business shall. maintain the following _ spatial requirements:. ° �a 1. No-adult-b.usiness shall be located closer-than:five hundred (500)feet.from CD d any:park, school,:church., or day care center; and N M 2. No adult business shallbe located closer than one thousand (1,000) feet from a residential zone district; and: m 3. No adult business shall be located within one thousand (1,.000) feet of another adult.business; and. a 0 C. Measurement. Where,one use is required to be separated from another use, measurements shall be made in accordance with the-following: a cc 1.. The required separation distance:shall be measured :in a straight line from the nearest .point of the structure containing the .adult business to the--nearest. property-line of the land uses identified in subsection 18.70.050(B). c 2. If the adult business is located in:a-multi-tenant building, then the distance o shall be measured in''a' straight.line from the nearest point of the portion of the . building occupied by the adult business to the nearest property line occupied by the land uses identified.in subsection on 1=8.70.050(B). - s 3. The required distance separation -from uses identified in subsection o 18.70.050(B) shall apply regardless of whether such land use is located inside or a outside the boundaries of the City of Grand Terrace. Page 20 of 35 3,C_a 4. The separation measurements shall be provided and certified by a licensed professional surveyor or licensed civil engineer hired by the adult business. D. Nonconformity. No-legally permitted adult business shall become nonconforming through subsequent establishment of a park; school, church, or day care center; or residential zone district located in closer proximity to the.permitted adult business than c what is. required by the separation standards in this Section. Section 18170.060 Determination of Use X Before the submittal of an application for a Conditional Use Permit for an adult d business .is submitted to the City, an applicant may submit a 'Determination .of' Use c Application" to:the community development director containing the following information: m 1. A legal description and sketch of"the parcel for the proposed use; a 2. Confirmation of the applicant's ownership; controlling interest in the o property, or :property owner's permission to submit the Determination of Use co Application; N :c 0 3. Detailed description and type of proposed adult business; 4. A professional: licensed land surveyor's or licensed civil engineer's d delineation of the proposed building, lot lines and the location of its primary H entrance and confirming-via specific measurements that the. proposed adult business meets-the separation distances identified in Section 18.070.050 of this chapter; and m 5. Payment of the applicable filing fee. a 0 B. Action-on Determination of Use Application. Within: five (5) business days :of receipt of a complete Determination of Use Application, the community development L director shall: a 1. Determine whether the proposed use is a permitted use in the zoning district in which it is to be located; cc 2. Determine whether the proposed use meets the required separation distances; and o 3. If the above criteria are satisfied, approve the Determination of Use Application, after which the applicant may submit a Conditional Use. Permit 4) application in accordance with Chapter 18:83 of the Zoning Code. a Section 18.70.070 Development Standards , X In addition to,the site development standards contained in the underlying zone district, an:adult business shall, conform to the.following: Page 21 of 35 #idke ,Pg,.31,, r 1. Structures; -No .adult business shall be located in any temporary, portable or manufactured structure. 2. Exterior Fencing. No :adult business shall have any fencing or other structure exceeding five.(5) feet in height that obstructs the view of the parking lot or entrance ways of the business. - N 3. Security. cameras. Adult businesses shall comply with- the following c security requirements:. a*.. The adult business shall provide a.surveillance system that visually. records,and monitors 'all-parking'lot areas, rear alley areas immediately adjacent to the business, the--main building entrance(s) .and exit(s), and any and all cash registers or 3 cash offices on the premises of the adult business. The business owner or his/her m designated representative shall- instruct the company or individual(s)- installing the surveillance equipment" at the-adult business :to position cameras to maximize the a quality of facial and body images and to avoid backlighting and physical obstructions. c The adult business and the company or individual(s) installing the surveillance coequipment for any adult business shall both be responsible for insuring reasonable compliance.with the provisions of this section and the instructions by the adult_business c in:installing such equipment at the adult business. b. The owner of the adult. business shall also, be responsible for insuring that the adult business' video surveillance system complies with the following H -minimum standards. i. Video Cameras. Cameras shall have a. minimum resolution m of five hundred lines per inch and a minimum light-factor requirement of 0.7 LUX. Light sensitive lenses or the installation of additional lighting. maybe- required to 0 increase picture clarity and brightness.. Cameras shall be calibrated and focused CO to maximize-the qualityof.the recorded image. . W a ii. Video Recorder. The recording device shall be defined as a c "high: density recorder" by manufacturer, specifications. The device shall be a d� time-lapse recorder that displays a current date and time stamp on the video recording. Systems required :to have more than one camera shall include a c "quad" or "multiplexer" video display splitter. Quad or multiplexed video systems o shall be digital and must have.the ability to isolate individual camera angles for maximized play,back. The.recording equipment and all video recordings shall be secured in a locked area in which access is limited to the adult business owner, the permit holde_r, or his/her designated representative(s), iii. Display Monitor. A display monitor with a minimum screen a size, of twelve inches:lshall be connected to the video surveillance system at-all times. If a "quad"'video display splitter is utilized,,the display monitors_hall have a minimum screen size of fifteen:inches. Page 22 of.35 C. Video surveillance systems.shall be maintained in good working order at all times. The owner of the adult business shall. instruct each employee to immediately report any malfunctioning of or technical problems whatsoever with surveillance equipment. Every three months,.- the business owner or his/her designated representative shall inspect all cameras and video recorders to ensure proper operation and .shall perform the following: functions: the, camera .lenses shall .be cleaned: and calibrated into-focus; any recording heads or other: optical equipment shall be cleaned c Of optimized in another applicable manner, and the date and time stamp shall be calibrated :to reflect true information; all wires connected to the camera and, video recording ,device shall be inspected for wear and tear; and, a test recording shall be done to verify the :image quality and date and time-.stamp, The business owner or N his/her designated representative shall keep a video surveillance maintenance 1log c documenting all inspections and repairs to -the system. Any technical .problems or m inoperable equipment shall be repaired:as soon as.possible, not to exceed fifteen days = from discovery of the problem. The video surveillance system-and maintenance log are a subject to,periodic inspection. by the police department, in order to ensure compliance with.this section. M d., The video surveillance system and recording device shall be in continuous _ operation from: one full hour before to one full hour after the adult business is open to the public, or any portion thereof. Video recordings_of daily business operations shall be kept a minimum of thirty days prior to reuse, destruction or deletion of such video d recordings; and shall be provided to the police department:upon request. If recordings provided to the police department pursuant to this:section.are digital;.a,copy of "player' d tom ' software shall be provided with the recording, in order to allow viewing of the digital H recording(O. Such video recordings shall be. clearly marked with the date the video m recording was most recently recorded, and, in the event there are multiple recordings of the same date; each video recording-shall be clearly_ marked in the sequential numerical a order lhat it was so recorded. e. The city recognizes,that-video technology is rapidly changing:and that the ; requirements of- this- section with respect to video recordings may not keep .up with available-technology. The Community Development Director, therefore, is authorized:to_ permit minor deviations from the:technical requirements of this section in order to allow the use of additional sources of video and recording technology, so long as.such minor deviations are in keeping.with :the overall purpose of this-section to provide for video recordings with images of :individuals and activities at adult business establishments o that .are discernible and recognizable in order to further law enforcement:efforts and in order to deter unlawful, unsafe and unhealthy activities -or conduct at adult business establishments. :E r R f. The Community Development Director or the Sheriff's Department may a increase or decrease the video security requirements set for in this subsection should the particular circumstances at -an adult business. demonstrate the need for' such. change. Page 23 of 35 _ - ;f;• �Packet'Pg:'33,�- . 3Ca_7-7 4, Lighting.'All exterior areas`and the.entire perimeter of the building in which the adult: business operates, including parking lots, landscaped areas, driveways, walkways, entry.areas, refuse storage areas and premise entries/exits, of the adult business shall :be, illuminated with fixtures of sufficient intensity and number to uniformly illuminate every :portion of 'the,specified areas with.an illumination level from dawn. to dusk at a minimum of 1.50 -foot-candles, maintained and evenly _ H distributed at ground level with appropriate devices to screen, deflect or.diffuse the o lighting in such manner as to' prevent.glare or reflected light from creating adverse impacts on adjoining public,,and private properties. Inoperable :and/or broken lights shall be-replaced within 24 hours. 5. Signs. All adult businesses .shall comply with the following sign requirements, in addition'to those of the Chapter 18.80 (Signs),of the Zoning Code. 'Should a conflict- exist between .the requirements of the Zoning Code and this m subsection, the more.restrictive shall prevail. . a a. All proposed exterior signage shall be - submitted with the. o conditional use permit application, M v b,, If an adult:business does not serve-alcohol, it shall post a notice inside the c establishment, within ten: feet (1-0i) of every entrance used by customers -for 9 access to the establishment; stating that persons below the age of eighteen (18) years of age are prohibited from entering onto the premises;or within the confines of the adult business.. This notice. shall be posted. on a' wall in a_ place- of y. prominence.. The dimensions of the notice :shall be no less 'than. six inches (6•) N- by six inches (&), with a minimum typeface -of'25 points., If the adult business serves. alcohol, it shall comply with all: notice and posting :requirements .of the m Alcoholic Beverage Control Department. 'The adult business and .its employees and independent contractors shall be responsible. for checking identification to a insure.-compliance with this Section. ti. m c. No adult oriented material shall be displayed.in window areas. or any area , where it would be visible from any location other than within the confines of the C adult business. d� d. Signage shall not contain any flashing lights. . - c co c Section 1.8.70:080 General Operating Standards 0 A. All adult.business shall comply with the following.:. c 1. Specified criminal acts prohibited. No owner., manager, employee, E independent contractor, server, entertainer or customer shall engage in or permit others to engage in any specified criminal act on the premises of the business. . a 2. :Establishment license. All adult businesses shall post the license issued pursuant to Chapter 5.84 of the Grand Terrace Municipal-Code in a conspicuous, easily, Viewable location, at eye level, at the-main cash register-for the business.and lighted in a manner for.ease of inspection. Page 24 of 35 ,Pac6ftt , ''x. 3'4=. �. . 3. Licenses available for managers.and entertainers. Each manager issued an adult business managers license, pursuant to Chapter 5.88. of the Grand Terrace Municipal Code shall, at all times when on the premises-of the licensed business, have said license in .his or her possession. The license for each entertainer issued an entertainer's: license pursuant .to Chapter 5.88 of the Grand. Terrace Municipal Code shall. be retained.for ready inspection on the premises. of the adult business during all times that an :entertainer is providing entertainment subject to the license on the c premises. Im o -' 4. Concealing specified sexual activities:and specified anatomical areas from public view. No adult-;oriented business shall be operated in any manner that permits y the observation of any material or activities depicting, describing,.or relating to specified sexual activities or specified :anatomical areas from any public way or from any location outside the building of such establishment. This ,section shall apply to any display, m decoration, sign, or show window. 5. Exterior doors and.windows. No exterior.door�or window on the premises o -shall: be propped or, kept open at any time while the business is open to the public, or portions thereof, acid any exterior windows shall be covered with opaque covering at all times. :c . o 6. Indoor areas open to view.by management. All indoor areas of the adult- Im oriented business where patrons or members of the public are permitted, excluding restrooms, shall be open to view by management at all times. H 7. Manager on-duty. All adult businesses shall-have a licensed manager on H duty at all, times the business is open to the public, or any portion thereof, for any m purpose, and said manager's name shall be posted in a. conspicuous, easily viewable. location, at eye:level, at the main cash register for the business and lighted:in a manner Q for ease of inspection. The indiVidual(s) designated as the on-site manager or other ti direct contact of person who ,can address issues shall be registered with the :City's CO Community Development Director:by,the owner to, receive all complaints and shall be given by the :owner 'and/or operator the respornsibility and duty _to- address and C immediately resolve all-violations taking place on the premises. :No on-duty manager shall act as a door person, ticket seller; ticket-.taker; admittance-person, security guard, �1 performer or adult cabaret dancer during:any time that that person is.designated as or is acting as the on-duty manager. 8. Hours.of Operation; It shall be unlawful for any owner, operator, manager, 0 employee or independent contractor of an adult business to allow such adult business to remain open for business, or to allow any employee, 'independent contractor or performer to-engage in a performance, solicit'a performance; make-a.sale, solicit a:salecc provide a service, or solicit a service,_ between the hours of 12:00 a.m. and 9:00 a.m. of any day excepting an "adult-hotel/motel". The hours'of:operation of any adult business a which has a.-permit from the:California Department of Alcoholic Beverage Control shall be _governed by the,provisions of that .permit and not.by this section as to operating hours. It is also unlawful for any performer or adult cabaret dancer of an adult business to engage in a performance,,solicit a performance, make a sale, solicit a sale, provide a Page 25 of 35 -Packe :P,g_;35 service, or solicit a service; between 'the hours of 12:00,:a.m. and 9:00 a.m. of .any particular:day: 9. Noise.. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public from outside the building in which such use is conducted or which violates the City's Noise Ordinance. c = o 10. Security Guards. All adult .businesses shall employ security guards in order to maintain,the public peace and safety, based upon the following.standards:' a. Adult.businesses providing live entertainment shall provide at.least d one security guard continuously from one full hour before to one full hour after _ any adult live entertainment is .conducted at the-business, to maintain the peace_ m and to enforce all statutes; ordinances and conditions of the permit. If the = occupancy limit of the premises is greater than 35 persons, an additional security a guard shall be on duty,during the req.uir-ed time period: •• - - o b., Security guards for other adult businesses may be required or the number of required guards may be- :increased from the requirements in H subsection a, if it is determined by the- Sheriff's Department or the Community c Development Director that their presence is necessary based upon the particular circumstances at:such adult business demonstrating the need for such change. C Security guard(s) shall be charged with preventing violations of law- N and enforcing compliance b ' .patrons, employees and entertainers with the requirements of these regulations. Security guard(s) shall be uniformed in :such a manner so as-to be-:readily identifiable.as a security guard by the public and 0° shall be duly licensed as a security guard. Security guards shall otherwise a comply with the provisions of California Business and. Professions Code.Section o 7582, et seq. M.security guard required:pursuant to this::subsection shall act asco a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's:station while acting as a security guard. a cc d. Security guard(s) shall regularly patrol the parking lot and adjacent outdoor-areas,of the facility to,maintain order therein and prevent any illegal or nuisance activity adjacent to the adult business br caused by patrons of the adult c business. 7E 0 11. Trash: At least as often: as at the time of,the opening and closing of theITZ adult business, the front and rear exit(s)/entrance(s), along with-the parking lot, shall be inspected for' trash and: debris and any .trash and debris -found .shall be, immediately removed. 12.,, Age of'employees. Employees, including independent contractors, of an adult business must be at least eighteen (1,8) years of age. It shall be unlawful for.any owner, operator, manager, partner, director, officer, shareholder with a ten percent (10%) or greater interest, employees, or other person in' charge of any adult business to employ, contract with, or .otherwise retain any services in connection with the .adult Page 26 of.35 business with or,from any person who is not.at least-eighteen. (18)'years of age. If liquor is served at the adult business, employees,- including-independent contractors,.of the.adult business must be at least twenty-one (21) years of age. If liquor is served at the, :adult business, :fit shall be -unlawful for any owner; operator, manager, partner, director, officer, shareholder with a ten percent (10%) or greater interest, employee, or other person in. charge of any, adult business to employ, contract with, or otherwise H retain any services in connection with-the adult business with or from:any person who is o not twenty-one (21) years of age. 'Said persons shall exercise reasonable care in ascertaining the true age of :persons seeking to contract with, be employed by,. or otherwise service the adult business,. 'including verifying with validly issued official government identification and any. additional requirements as may be. imposed by the California Department of:Alcoholic Beverage Control. _ ' 3 13. Age of patrons. It shall be unlawful: for any owner, operator, manager, m partner., director, officer, shareholder with a ten percent (10%) or greater interest, employee., independent-contractor, or other person in charge of any adult business-to a permit to enter or remain within the adult business any person who is not at least o eighteen (18) years of age. If liquor is served at the adult, business, patrons must be at co least twenty-one (21) years of age. If liquor is served at the adult business, it shall- be unlawful for any owner, operator, manager, partner, director, .officer, shareholder with a :o ten percent (1.0%) or: greater interest,. employee, independent contractor, or other 9 person in charge of any adult business to permit to enter or remain within the adult business any person who :is 'not at least twenty=one (21:) years of age. And said persons shall exercise reasonable-care-in ascertaining the-true age of persons entering the adult business.. _ 7 14. Regulation of :Public Restroom :Facilities. If' the adult business. provides m restrooms for patron .use, it shall provide separate restroom facilities -for male and female patrons: The-restrooms shall:be free from, adult oriented material. Only one (1) a person shall-be allowed:in each restroom at,any time, unless otherwise required.by law, in which case the adult business shall employ a restroom attendant of the same sex as the- restroom users: who shall be present in. the public portion of the restroom during a operating hours. The attendant shall insure: that no person of the opposite sex is .permitted-into the restroom,,and that not more than one (1) person is permitted to.enter di a restroom stall, unless otherwise required by law,,and, with the exception of urination, that no persons engage in any specified sexual activity or the exposure of specified c. anatomical parts in the public portion of the restroom. Access torestrooms for patron o use shall not require passage through.an area used as a.dressing area by performers. 15. -Interior,Lighting .Requirements. All.interior areas of.an adult,business shall C. be illuminated at all times during which the adult business is open Ito the public, or any s. portion thereof, with overhead fixtures of sufficient -intensity and number to uniformly cc illuminate every.place to which patrons-are permitted.access with an-illumination level at a a minimum of the following foot'candles, minimally maintained and:evenly distributed at ground level. .Inoperable and/or broken lights shall be replaced:within twenty-four (24) -hours. Page 27 of 35 ' �Packet'�Pg.37 Use Footcandles Adult retail.store 20 10, except during performances, at which time the lighting in the, Adult theater, cabaret, motion area of the performance shall be at picture theater least.1::25 footcandles. .All other � areas shall be 20 footcandles during performances. • Adult arcade, viewing area/booth 10 y d -Adult hotel/motet - 20 in public areas only Adult modeling/photography 00 studio 20. o 16. Display.of Adult Oriented Materials. All displays of materials characterized Cq or distinguished by matters: describing or relating to "specified sexual activities or N "specified anatomical areas;""as`defined in this-Code, shall be completely screened'from c public view as viewed from adjacent sidewalks, public rights-of-way, and parking areas. a Section 1810.090 Regulation of Adult Arcades and Adult Booth/Individual Viewing Area y A. The following additional requirements apply to adult arcades and businesses providing adult booth/individual viewing.areas. m 1. Visibility from manager station(.§). The interior of the-premises shall be a configured in such a manner that there is an unobstructed view from a manager's n station of every area of the premises to which any patron -is permitted access for any Co purpose, excluding re' strooms. If the premises has. two or more manager's stations designated, then the interior of the premises shall be configured in such-a-manner that C there is an unobstructed view of each area. of :the premises to which any patron is permitted access for any purpose from,at least one of the manager's stations. The view ail required in this subsection must be a direct line of sight.from the manager's station. 2. Occupancy. No adult booth/individual viewing area shall be occupied. by '8 more than one individual at a time-. O ' w I Visibility of adult;600th/individual:viewing area. Each adult booth/individual Cc viewing area within the adult business shall be visible from a continuous and accessible s Main aisle in a. public portion of the establishment, and :shall not be obscured by any door, curtain, wall, two-way mirror or other device which would. prohibit a person from a seeing the=entire interior of the adult booth/individual viewing area from the main.aisle. Any adult business may have ,more than one manager station in order to ensure -compliance with this regulation. At all times, the manager stations) shall be-maintained to ensure a clear line of sight-into the interior ofthe adult/booth individual viewing area. Page 28 of 35 ' � Packet�Pg 38^- _ Further, no one shall maintain any adult booth/individual viewing area in .any configuration unless the entire interior wherein, the picture or entertainment that is viewed is visible from the manager station(s). The entire body of any .patron in any adult booth/individual-viewing area.must be visible from the main aisle and the manager station(s)without the assistance of mirrors or any other device. 4. Obstruction of view-,prohibited. No' doors are permitted. on an adult c booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual.viewing areas shall be maintained. 1 N 5. Maintenance of boothsfindividual viewing areas. No holes or other openings shall be permitted: between adult booths/individual viewing areas. Any--such hole or opening shall be repaired within twenty-fou:r (24) hours using pop" rivets to m' secure metal. plates over the hole or opening to prevent patrons from. removing the metal plates, a 6. Seating. No beds; couches or chairs with a sitting area, greater than M twenty-four inches (24�.). wide shall be permitted in an adult booth/individual viewing area. V. -o 7. Manager station. At all times that a booth is occupied, the manager must be at the manag'er's'station. Section 18.70.100 ,Regulation of Adult Live Entertainment U) A.. The following additional requirements shall apply'to adult businesses providing adult live:.entertainment: O0 w 3 1. Separation. No live -entertainment shall. be conducted- at an adult business except upon a permanently fixed stage at least eighteen inches (18") above ti -the level of:the floor which is separated by a distance of at least ten feet (10') betweenCo .patrons and performers at all times while performing, arid. no patron shall'be permitted within ten.feet (10') of'the stage while the stage is occupied by a performer. Fixed rail(s) or similar barrier measuring: at least thirty inches (30") in- height :shall be maintained .1 establishing the separations between performers and patrons. . c 2. Contact prohibited. No performer or adult cabaret dancer, during S performances, shall have physical contact with: a patron. and no patron shall :have o. physical contact with: a performer or adult cabaret dancer during performances. This subsection shall only. apply to physical _contact anywhere on the premises:of the adult =. business. This prohibition does not extend to incidental touching. In addition, while on the premises,-no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall-have physical contact with•a a performer or adult cabaret dancer, which physical contact involves the touching:of the clothed:or unclothed genitals, pubic area, buttocks,-cleft of the buttocks, perineum, anal :region, or female breast with any part or area of any other person's Page 29 of 35 PacketaPg39•;. body either before or after any live entertainment by such performer or adult cabaret dancer. 3. Signs. Patrons shall- :be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and :performers and: utilizing red or black printing of letters not less than one inch (1") in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees. or independent contractors of the establishment. 4. Clothing. All employees, performers,, and independent:contractors of the y adult facility, while on or about the premises or tenant space, shall wear at a: minimum d an opaque covering which covers their specified:anatomical'areas. - As to performers..or N cabaret-dancers while performing adult live entertainment, such performers or cabaret m' dancers must wear,.,at a minimum what is commonly referred to as pasties and a g- string, or other attire that similarly provides at.I:east an opaque covering which:does not a expose the areola or nipples-of the female breast, and while-Covering the natal cleft and c pubic area covers not less than one inch on either side of the entire length. of the natal M cleft and two inches across the pubic area. .No person, and no owner or other person with managerial control over an adult business:shall permit any person, on the premises c of the adult business to engage in any live showing of the human male. or female genitals, pubic area, .or buttocks with: less than a fully opaque covering, and/or the IM female breasts with less than a fully opaque covering over any part of the nipple .or areola and/or covered male-genitals in a discernibly turgid state-. This provision may not H be complied with by.applying an opaque covering simulating the appearance of the specific anatomical part required to be covered:- No performer or adult cabaret dancer shall appear-in the nude on the premises:of an adult business at.any time, except in a m dressing room that is.maintained for the exclusive use of.performers.and:adult cabaret dancers,, and to which the public, or any portion'there-, is not-admitted, or in restrooms.. a -o 5. Tips.. Patrons shall not throw money to performers, place monies 'in the co performers' costumes�or otherwise place.or throw monies on the stage or to performers. a If patrons wish to pay or tip performers, payment or tips may be placed in containers. t Patrons shall: be advised of this requirement by signs conspicuously displayed: and Ui placed on the barrier:between.patrons and performers and utilizing red or black printing of letters not less than one inch (17) in size. If necessary; patrons shall also-be advised of the:tipping and gratuity requirements by employees or'independent contractors of theVE adult business. o T 6. Dressing rooms. The- adult business shall provide dressing rooms for c performers:, that are separated :by gender°and exclusively dedicated to the performers' E use and which the performers shall use. -Same gender performers .may share a dressing room. Patrons shall not:be permitted in dressing:rooms. a 7. Performer entrancelexit. The adult business shall provide an entrance/exit to the:establishment for:performers that is.separate from the entrance/exit used by patrons, which the performers shall use at all times. Page 30 of 35 '��Packet�Pgti'.40.� 8. Separate access. The adult business shall provide access for performers between :the stage and the dressing rooms. that is completely separated from :the patrons. if such separate access is. not physically feasible, the adult business shall- provide a minimum three foot (3-) wide:walk aisle-for performers between. the dressing room area.and the stage, with 'a railing, :fence or other barrier separating the .patrons and the performers capable of'(and which actually results -in) preventing any physical H contact between .patrons and performers and the_patrons must also be :three feet (3i) c away from .the walk aisle. Nothing in this Section ,is intended to exempt. the .adult business from compliance with the provisions of Title 24 of the California Code_ of Regulations pertaining to handicapped accessibility. IX N 9. Stage Access. The adult business, its manager(s), employees and/or performer(s): shall prohibit-any person other than a licensed performer, employee or agent for purposes relating to operation of the adult business from occupying the stage m area. _. V a 10: Seating. Seating, shall consist 7of chairs or open booths; No couches, o beds, loose cushions-or mattresses, or other forms-of seating shall be provided. Section 1.8.70.110 Regulation of Adult Motion-Picture Theater A. The following additional requirements shall apply to adult motion picture theaters: CD I- Presentation. area. All screenings .of motion pictures videos or other .w media- shall occur in a room open to all customers of the establishment: No walls, U) i dividers, curtains, screens, shades or other similar devices=shall be used to partition any = part of the screening room. m 2. Seating: Seating in the :presentation area shall consist of individual, theater-style chairs (maximum- seat width twenty (20) inches), with solid arms o separating'the chairs. No couches, benches, portable chairs, beds, loose cushions-or o mattresses, or other -forms of .seating shall be provided by the adult business or permitted in the presentation area.-Separate spaces for wheelchairs shall be:provided in a accordance.with the applicable provisions-of the building code and the Americans with Disabilities:Act; and: a; Have a continuous-main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from -the 7E aisle:at all times. _o .b. Have a sign posted in a conspicuous place at or near each entrance to the hall :or auditorium area which lists the maximum number of :E persons who may occupy the hall or auditorium area, which number shall not a exceed the number of seats within the hall or auditorium area. a Section 18.70.120 Regulation of Adult:Modeling and Adult Photography Studios A. The following additional requirements shall apply-to adult modeling:and_ photography studios: Page 31 of 35 'PacketPg:41 :.... E':11 1: Furniture. An adult modeling and/or photography studio shall not-place or permit abed, sofa, or mattress in any room:on:the premises open to the public or any portion:thereof, except that-a sofa may be placed-in a reception room open to the public. Section 18.70.130 Regulation of Adult Retail Store The following additional requirements shall apply to adult retail stores: e 1. . Age of patrons. The selling,. reciting and/or displaying of x-rated movies, '•<< videotapes, digital video disks (DVDs), compact disks.(CDs) and laser disks shall be restricted to persons-over eighteen (18-) years of age. :If an establishment that is not otherwise :prohibited from providing access to the establishment to persons .under � eighteen (18) years of age sells,, rents, or displays: movies, videos, DVDs, CDs:or laser _ m disks that have been rated "X" or rated "NC-17" by the motion picture::rating industry ("MPAA"), or which have not 'been submitted to the MPAA for a rating, and which a consist of images that are-distinguished or characterized by.an:emphasis on depicting •• or describing specified sexual activities or specified anatomical areas,_ said movies, CO videos, DVDs, CDs; and laser disks shall .be located in a -specific section of the establishment where these items are not visible to persons under-the age of eightee_ n 18 and from which ersons underthe.a a of eighteen 18 shall be prohibited. ° O p 9 g O p o 2. Separate room. If a business offers for'sale or rent both non adult oriented d materials and/or merchandise and adult oriented materials and/or sexually oriented merchandise, :the adult oriented materials and/or merchandise shall :be kept in a separate room; physically and visually- separate from the remainder-of the store by an opaque wall reaching at least eight (8) feet high or to the ceiling; whichever is-less, and CO posted-withh-a sign clearly stating that no one under the age of eighteen (18) shall enter the room where the adult oriented materials and/or-merchandise is located,. unless the a entire premises is limited to individuals over the age of eighteen (18). The on-duty ti manager and:owner shall �be responsible at all times for verifying the age of individuals entering this restricted area. d c. 3. Age limit.-No person under the age of eighteen (18) shall be-.permitted s entry into a room containing adult oriented materials and/or sexually* oriented d� merchandise. - �a 4. -Location. If -a business offers for sale or rent other materials and/or merchandise, the entrance to =the room containing the adult oriented materials and/or o sexually oriented merchandise shall be located so. :that it is as far as reasonably practicable from-materials and/or merchandise likely to.be of interest to children. E 5. Room size. Any -room wherein adult oriented materials and/or sexually cc oriented merchandise is offered for sale or rent shall be-.in an area :containing at least a six hundred (600) square feet and having no walls, dividers, curtains, screens,.shades or other similar devices to obscure any part of the room from .being- monitored by the .manager, unless it is .to separate the adult oriented materials and/or sexually oriented merchandise from-hon-adult oriented materials.or sexually oriented merchandise. Page.32 of 35 -;Packet�-P-g.=42' 6. On-site entertainment prohibited..At no time shall the store provide any type of on=site adult live entertainment, or show any type of adult oriented .electronic imagery on the.premises. 7. Displays. No displays of adult oriented materials, adult oriented images, and/or sexually oriented merchandise shall be visible from outside the room containing adult oriented materials and/or sexually-oriented merchandise or from the exterior of the c business. r 8. Monitoring. Activities, in any room having. adult oriented materials and/or -sexually oriented merchandise shall be monitored at all.times by,a store clerk through a H video:system located,at,the clerk's counter. to Section 18.70.140 Inspections m' Each owner, operator,- manager, employee or independent/contractor of an adult business or other person in:charge of an adult business shall permit representatives_of a the Sheriffs Department, County Fire. Department, City Planning, ,and Building and M Safety and Code Compliance Divisions,. to inspect those portions of the adult business- open to the :public or to portions of the public; for the purpose of insuring compliance with the operating standards of this.Chapter-applicable to adult businesses at any time it C is occupied or open for business; as well as to inspect, for compliance with the provisions of this Chapter, those portions.of the adult business that may not be open to the public; but only as to those portions directly relating to operating and regulatory provisions of this Chapter, such as recording equipment for required security cameras. d Such inspections shall be conducted'in a "reasonable manner, such'that the inspection y minimizes any interference with or delay of business operations, as reasonably m practicable to the purposes'-of the inspection; shall be conducted, by the City's Code Enforcement Manager; designee,.or other City employee charged with the responsibility a of monitoring corholiance of adult businesses with this Chapter; and shall only be conducted as necessary to insure compliance with, the regulatory provisions of -this Chapter or relating to, an adult business or performer permits and licenses. Nothing in this:section shall permit,or authorize warrantless searches of property on the,premises, except as..otherwise permitted by law. d Section 18.70A5.0. Regulations non-exclusive and.nuisance declared v The provisions of this chapter :are not intended to provide exclusive regulation of the o regulated adult uses. Such uses must comply with any and ai17 applicable -regulations imposed in other chapters of the zoning code, municipal code, city ordinances, and w state -and federal law. A violation of this chapter, or any provision of this chapter is C hereby declared to constitute. a public nuisance and, as such- may be abated or E enjoined from further operation. a Page 33 of 35 -- .. 9: r�Cdr 8iisiresuefly+�ttsrici �A cc (D L' n ,Pyy •il' t - - 0 A- CD (J7 ce Fi Any 41�i• Attachment: 1.Ordinance Chapter 18.70 AdultBi" st'Regulations (1310 :Adult Business � ulations) `' ^ SECTION 8. The City Council.declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion::of it irrespective of the fact that any one or .more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason ph :portion of this ordinance is declared invalid, or unconstitutional, then all other.provisions shall. remain valid and enforceable. y 0 SECTION 9. This ordinance shall take effect thirty days from the date of adoption: 'o SECTION 10. First read at a regular meeting of the City Council held on the 23rd'of July; 2013, and finally" adopted and ordered posted at a.-regular meeting.-of said City H Council on the 13th of August,'2013. m ATTEST: .a o M City Clerk Mayor _ 2 m I, Tracey R. Martinez,. City Clerk of the City of Grand Terrace, dohereby certify d that the foregoing. Ordinance was introduce'd::and adopted at a:.regular meeting of:the N ". City Council of the City of Grand Terrace held on the .. of , 2013, by the following vote: ' m AYES: NOES: _ o0 ABSENT: c. ABSTAIN:. City Clerk o w Approved as to form: CD City Attorney:" Page 35 of 35 - - Packet��Pg�,45T_ - r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 5 'OF THE GRAND: TERRACE MUNICIPAL CODE BY ADDING CHAPTER: 5.84 ADULT BUSINESS REGULATORY LICENSE AND CHAPTER 5;88 ADULT BUSINESS MANAGER AND PERFORMER LICENSE ' THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1: Findings: �o A. Regulation of adult businesses have previously been established by the d City in the adoption of-Ordinance: No. 153, Chapter 18_,70 (Adult Business Regulations) N to be necessary for the protection of the. public welfare, due to. the potential negative secondary effects of adult businesses, including the following crime, especially in the form of illegal drugs and prostitution; :the deterioration of the city's retail trade; blight in m neighborhoods-and the reduction of:property values;. the disintegration of the quality of the city's neighborhoods and the city's commercial districts; risk to the city's quality of a life;. the increased threat of the spread- of sexually.transmitted diseases; and potential o interference with the peace, welfare and privacy of persons who patronize adult businesses. The City Council reaffirms the need for "the= special regulation of such 00 businesses on the stated bases and as set forth in detail herein. pq B. The City Council, in:adopting this ordinance, takes,legislative notice of the existence and content of the.detailed studies. and:reports prepared by other jurisdictions relating to the negative sociai' and economic secondary effects on persons and properties surrounding established adult businesses, including the following: study of Garden Grove, California (1991); study of Tucson, Arizona (1990); study of Seattle, s Washington. (1089); study of Austin, Texas (1986); study of Oklahoma City, Oklahoma d� (1.986); study of Indianapolis, Indiana.(1984); study of Houston, Texas. (1:983); study of Beaumont, Texas (1°982); study of Minneapolis, Minnesota (1980); study of Phoenix, Arizona (1.979); study of Amarillo, Texas (19.7.7); study of Cleveland, Ohio (1977);.study of. Los Angeles, California (1'977.); the recitals of Ordinance Number 96-5 of the City of G Newport Beach, finding that crime rates:are higher in:areas surrounding:adult-oriented w businesses than in other areas, that the existence of adult-oriented businesses which permit public nudity has been shown in some cities to reduce-the property -values- in those areas surrounding the adult-oriented businesses; the law enforcement.experience of the City. of La Habra and the.City of Anaheim with the negative secondary effects of sexually-oriented businesses that both do:and do=not serve alcohol; study of New York, New York (1994); study of Newport Flews, Virginia:(199.6); study'of Times Square, New York City (1-994); Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Attorney General, State of Minnesota (1989);. A Methodological Critique: of the Linz-Paul .Report: A Report to the San Diego City Attorney's Office .(2003); Sexually Oriented Businesses' An Insider's View =_ Testimony of David Sherman before the .Michigan House Committee on Ethics and Constitutional Page 1 of43 - Law (2000);.Closin' Time: Effective-Regulation of Adult Businesses' Hours-of Operation, by Scott :Bergthold (2000);: Summaries. of .Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, by Louis Comus III (2001); Peep Show Establishments, Police Activity; Public Place and Time: A Study:of Secondary Effects in ,San Diego, California, by Daniel Linz et al. (2004); and Do Peep-shows "Cause" Crime? A response to Linz, Paul, and'Yao,.by Richard McCleary et al. (2006). C. The City Council is cognizant of the specific danger- from- the sexually transmitted disease AIDS, -which is currently irreversible and -can be fatal. The: City Council takes legislative notice that according to statistics provided by-the Los Angeles County Public.Health Department in its Epidemiologic:Profile of HIV and AIDS in Loss Angeles County 2009 ("Epidemiologic Profile of HIV and AIDS"). as of December 31, 2009.,:a cumulative total of 76,383 persons with .HIV/AIDS have been:reported in Los Angeles d County. Of these, a cumulative total of 56,091 persons have been diagnosed with AIDS, of H which 31,448 have died during this time-period. There are now over 44,450 reports of persons living with HIV in Los Angeles County; of these approximately 24,600=living with AIDS. The City Council also takes legislative notice of the HIV Disease Surveillance Statistics m 2010, County of Orange Health Care Agency, Public Health Services, HIV/AIDS Surveillance and Monitoring-Program ("HIV Disease Surveillance Report"), which states a that Orange County reports`that it ranks ;fifth highest among California's 58 counties in o number of AIDS cases reported and fourth highest in the number of HIV cases reported. co The HIV Disease Surveillance Study reports that 10,846 AlD.& and HIV (non=AIDS) cases were .reported in Orange County between 1981 and 20.10. :Cumulatively, 4,255 0 persons have died of AIDS, and 6,591 are living with AIDS/HIV in Orange County. In '2010, there were 1:85 :HIV and 76 AIDS cases diagnosed in Orange County. The City o -' Council also takes legislative notice of the HIV 1 AIDS Epidemiology Report 2012 o`to. ("HIV/AIDS- Epidemiology Report")_ prepared .by :the Public Health Services Division of H the County of. San Diego Health .and Human Services Agency. According to the HIV/AIDS Epidemiology Report, 'San Diego County has`the.third Largest number of HIV and AIDS cases in California. 'During the reporting period of 198:1 :through December-of 2011 14,805 - AIDS cases ' were reported throughout San Diego County, and approximately 50% .of those AID patients have died. during the reporting period. Between 198.5 and- December 2011, a total of 4,901 HIV cases were reported-,. with '15- 1.,020 of the diagnosed cases:occurring.between 2009 through 2011. o !V -D. - The City Council is also: concerned with preventing the spread-of other sexually transmitted diseases such as syphilis, :gonorrhea, chlamydia, and hepatitis B. s- The City Council takes legislative notice of the Sexually Transmitted Disease Morbidity Report, 2010 prepared by the County of Los AngelesDepartment of Health Services, a Public Health Sexually Transmitted Disease: Program ("L.A. County STD Morbidity Report"), -arid the Annual Morbidity. Report and Special Studies Report 2010, Los Angeles County Department of Public Health, Acute: Communicable Disease Control Program ("2010 Communicable Diseases Morbidity Report"). The Los Angeles County STD Morbidity Report indicates that between - 2006 and '2010:,s 212,074 cases of chlamydia, 49,950 cases of gonorrhea, and 14,546 cases of syphilis, including 168 cases of congenita' .syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported'355 cases of hepatitis B were reported Page 2 of 43 :`;n=rPacket'�Pg.47-� between 2005 and 2010. The County ,of Orange Health Care, Agency, 200672010 Epidemiology and Assessment Cases and Case Rates of Reportable Diseases, reports that between 2006 and 2010', 1,560 cases of syphilis, 4,833 cases of gonorrhea 41,276 cases of chlamydia, and 94 cases of:hepatitis B were reported. The City-Council also takes legislative notice_ of the County-of San Diego, Health and Human.Services Agency, HIV, STD and. Hepatitis Branch of Public Health Services:Sexually Transmitted Diseases in San Diego County, 2011. Data Slides, September 2012, :and :the County of San Diego., Health and Human Services Agency, Public- Health Services, Reportable Diseases and Conditions by Year of Report;. 207-2011, which report that 83,605 cases- of Chlamydia, -13186 cases of gonorrhea, 1,749 cases of syphilis, and 4,773 cases of hepatitis B were reported throughout San Diego County between 2006 :and 2011. It should also be noted that th-e Los Angeles County 2009 Epidemiological Profile for HIV/AIDS states that many sexually transmitted diseases, included syphilis,. gonorrhea and Chlamydia can:facilitate the transmission of HIV and that the presence of a sexually N transmitted .disease is thought to increase the odds of'HIV -transmission three to five- _ fold. 'N m E. The City. Council takes legislative notice of the findings and studies conducted.-in this and -other cities regarding increases in crime: rates, decreases .in a property values and the blight of areas in-which adult businesses are located, as such CD studies are referenced in the following court opinions: T.M. Smith: v. County of Los co Angeles, 2.1.1 Cal. App..3d 1-88, 259 Cal. Rptr. 2d 231 (1-089) (discussing County of.Los Angeles study); City of Renton v. Playtime Theatres, Inc., 475 U.S. 946 (1979) (discussing City of Renton, Washington.study); Movie &Video World V. Board of County _ Commissioners, 723 F. Supp. 69.5 (S.D-. Fla. 1989) (.discussing. County of Palm Beach; Florida study.. F. The City Council also takes legislative notice of the facts :recited in the a cases of Kev; Inc. V. Kitsap_County, 793 F.2d 1053 (9th Cir. 1986), and Colacurcio v. _ Kent, 163 .F.3d 545 (9th Cir.. 1998), regarding how live adult entertainment :results. in secondary effects such as prostitution, the sale and -use of drugs, and other law enforcement problems, as well as :the experience .of other cities and: :counties in = adopting adult business regulations (see also-Colacucio v. City.of Kent, 529 U.S. 1053 (2000)). o N F. The City Council finds that the above studies and reports are relevant to d the problems addressed by the City in enacting:this ordinance to regulate the adverse secondary effects ,of adult businesses, .and more. specifically finds .that these studies and reports provide convincing evidence that: a 1_. Adult-businesses are linked to-increases-in the crime rates in those areas in which they are located and in surrounding-areas; -2. Both the :proximity of'adult-,businesses to sensitive land uses and the concentration of adult.businesses tend to.result in blight and deterioration of the areas.in which they are located;, Page 3 of 43 3. The proximity and concentration of adult businesses adjacent to residential, recreational, religious, and education uses, as well-as the proximity to other adult businesses can have adverse secondary effects on local businesses and residences; and 4. There is substantial evidence than an increase in .crime tends to accompany; concentrate around, and be aggravated by adult businesses, including but not limited to on increase :in'the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that adult_ businesses . which are not regulated as to permissible locations often, have a deleterious effect on nearby,businesses in residential areas, causing, among other-adverse secondary effects, an increase,in crime and a decrease in property values. y d G. The locational: .requirements established by this ordinance do_: not U) unreasonably restrict the establishment or'operation of constitutionally protected adult- m businesses, and a sufficient number-:of:appropriate locations for adult 'businesses are provided in this ordinance, given the size and:population of the .City of Grand Terrace, a the wide availability of:alternative adult businesses near Grand-Terrace and -within a o reasonable distance therefrom, and the access to and.contemporary use of the internet in place customer,patronizing of:physical locations of adult businesses. A0 H. The City Council finds that the separation and locational requirements _ herein afford a reasonable opportunity for adult businesses to locate in- the City of Grand; Terrace, taking into: account all facts and circumstances relating to adult businesses and the demand for such .uses within the City and surrounding areas, including the following: a 1. The City's ordinance will: be. evaluated on the basis of whether it "allows for reasonable alternative avenues,of communication.`' City of Renton v, c Playtime Theatres, 475 U.S.. 4:1:, 53 (1986); � 2. The 11th Circuit Federal Court.of Appeals has, for instance, found o in Boss Capital; Inc. v. City of:Casselberry, 187 F.3d 1251 (11th Cin '1999), that N three adult business sites was sufficient for a town with a population of 24,000; 3. The City of Grand Terrace has -had no applications for adult business establishments within the City at any time in.the near-distant past; a 4. Numerous adult businesses are located within 22 miles of Grand Terrace, and are easily accessible to residents of the City; and -5. As set forth below, there-issignificant access to adult materials and entertainment'via the internet, mail-order, and.other means which do not require a physical-business location, Page.4 of 43 . ,.. �i3KCb u - I. The City 'of Grand:Terrace had a:population of 121040 at the 2010 United States Census and the total size of the City is 3.6-square-miles. J. The City Council:recognizes that residents in the City must generally travel to entertainment in the area,-such as movie theaters,.of which there are none within-the City.. Specifically, residents likely travel 9.5 miles to theaters in Redlands, for instance, 22 miles to Rancho Cucamonga/Victoria Gardens, or 13 miles to.Riverside. The closest theater is in the City of Riverside, 5.8 miles from the City of Grand Terrace. K. The City Council further recognizes that as to adult businesses in w particular, there are 16 adult businesses within 22 miles of the City of Grand Terrace. Six of these businesses are within 5.8 miles and two are within two miles. of the City. The adult businesses in close proximity to the City of Grand Terrace include the y following: 1-. Live entertainment establishments: Club 215 at 2680 S. La m Cadena, Colton; Fantasy Club at 1091 S. .Lai -Cadena, Colton;: Flesh Club at 100 W. Hospitality Lane, San Bernardino; Deja vu at 1331 W. Colton Ave, a Redlands; Spearmint Rhino.Club at 312'S. Riverside Ave- Rialto; Villa Theatre at o 1420 W. Holt Blvd. Ontario; Eyefull Adult Entertainment at 5282-W. Mission co Blvd.;.Ontario; and Tropical Lei-at 2121 W. Foothill-Blvd., Upland; and CR AD 2. Retail stores, ' including books, novelites and/or videos: "For I __ Discriminating: Adults ($B..Books)" at 304 South .E- St., San Bernardino.; Lotions and Lace at 796 Inland Center, San. Bernardino; "Le Sex Shoppe (Pleasure C_ Shop) at 304 W. Highland Ave., San Bernardino; "Bear Facts Adult Bookstore" at 1434 E. Baseline, San Bernardino; The Adult 'Shop at 736 Tennessee St., a Redlands; Happy Time Adult Bookstore at 13834 Old 215 Frontage Rd., Moreno 'Valley;- Baseline Books at 25557 Baseline St., Highland; "Jackman Adult Bookstore" at 27409 5th St., Highland; Romantix at 3945 Market,St., Riverside; Lotions and Lace at 10175 Magnolia Ave., Riverside; A Touch of Romance at 10281 Magnolia. Ave., _Riverside; Lotions & Lace at 9197 Central Avenue, o Montclair-; Toy Box at 1999 W. Arrow Rte., Upland; and "Adult Book and Video- Mustang" at 961 N. Central Ave.., Upland. N c V L. Further, the internet is a judicially recognized alternative channel -of communication-and:the City Council takes legislative notice of judicial opinions making such findings, as well as the fact that adult businesses often no longer need a physical a location within a community to be readily available via the internet, or even by -mail- order`products to residents and customers within a community (see Anheuser-Busch, tnc,.v. Schmoke, 101 F.3d 325, 329 :(4th Cir. 1996), cert.. denied 520 U.S..4204 (1997) [Internet is one available channel of communication]; Reno V. American Civil Liberties Union, .52.1 -U.S. 844, 117 S.Ct. 2329, 138. L.:Ed.2d 874 (1997)-[the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; United States v. Hockings, 129 F.3d 1069 (9th Cir. Page 5 of 43 1997); United.States v. Thomas, 74 F.3d 701 (6th Cir. 1996); cert. denied 519 U.S. 820 [recognizing the Internet as:a medium for transmission of sexually explicit material in the context of obscenity prosecutions]) . M. It is not the intent of the City Council in adopting this ordinance: .to suppress any activities protected,by the First Amendment, but rather to enact a content- neutral ordinance which addresses- the secondary effects that adult businesses may have on the city. Iri developing this ordinance, the City Council has been mindful of legal :principles relating to-_regulation of adult businesses and does not intend: --to suppress or infringe upon any expressive activities. protected by the-First.Amendments of the United States and California- Constitutions, -but instead desires to enact reasonable time, place, and manner regulations,. that address the adverse secondary effects of adult.businesses. The City Council: has considered decisions of the United States Supreme Court regarding local regulation of adult businesses, including but not limited to the following: Young v. American Mini.Theaters, Inc., 427 U.S. 50'(1976); C of Renton iv..Playtime.Theaters,475 U.S. 41 (1986); FW/PBS;-Inc..v. City of Dallas., 493 U-.S. 21-5 (1990);:Barnes v. Glen Theatre, 501 U.S. 560 (1991); City of Erie v. Paps A.M. - m "Kandyland"), 529 .U...S. 277 (2000). The City Council has also -considered United States Ninth Circuit Court of Appeals decisions and decisions in other jurisdictions, a including but not limited to the following: City of National.City,v-. Wiener 3 Cal. 4th 832, o 12 Cal. Rptr. 20 701, 838 P.2d 223,(1:992), cent. denied 510 U.S. 824 (1.993); People V. Superior CourtlLucero), 49 Cal. 3d 14, 259 Cal: Rpfr. 740, 714 P.2d 769-(1989); City-of CO Vallejo V. Adult Books, 167 Cal. App. 3d 1169,.2:13 Cal. Rptr. 143. (1985), cent, denied CR 475 U.S. 1064 (1986); Lakeland-Lounge.v: City of.Jacksonville, 973 F.2d 1255 (5th Cir: 1992), cert. denied 50.7 U.S. 1030 (1:993); Hang On, Inc..v. Arlington, 65"F..3d 1248 (5th � Cir. 1.995).;: International- Eateries v. Broward..County, 941 F.2d 1157 (11th Cir. 1991), CR cent. denied 503-U.S. 920 (1992); Lady J. Lingerie v. City of Jacksonville, 973 F.-Supp. 1428 (M.D. Fla. 1997:) Lady J. Lingerie.-v. City of Jacksonville, 176 F.3d- 1358 (11th Cir. a 1999) ("[a]mple evidence . . .:supports the . . . finding that illegal-and unhealthy activities JC take place -in small rooms :at adult entertainment establishments."); Movie & Video 0 World, Inc. v. 'Palm 'Beach County, 723 F. Supp. -695 (S.D. Fla. 1989), C.olacurcio v. c Kent, 163 F,3d 545 :(9th Cir. ,1998), 52.9 U.S, 1053 (2000); Tily, B. v. City of.Newport Beach, 69 Cal. App. 4th 1, .81 .Cal. Rptr. 2d 6 (1:998); Topanga Press, et al._ v. -City=of Los Angeles, 989 F.2d 1524 (1.993); Kev,,Inc. v. Kitsap.County, 793.F.2d 1053� (9th Cir. 1:986). N c- d N. The City Council-recognizes that-.adult devices .(Le; adult novelties and/or .Ec adult related products) such as dildos, fur-lined handcuffs, leather Whips, anal beads, and devices that are physical representations of. human, genital organs, are-not.speech a _ and enjoy:no: First Amendment protections. Ford v. State of Texas, 753 S.W.2d 451, 452-453 (1988); Sewell v.-State of Georgia,238:S.E.2d 487, 188-189 (1977); Chamblee Visuals, LLC v: City:of:Chamblee, 506 S:E.2d 113, 115 (Ga. 1998); and Red=Bluff Drive- In, Inc. v. Vance, 648 F:2d 1020 (5th Cir. 1981). O. The City Council finds that locational - criteria -(over-concentration regulations),. alone,-do not adequately-protect the health, safety, and general welfare of Page 6 of 43 _ - �Packet�Pg�'S1. _- the citizens of the City of Grand Terrace, and thus certain requirements with respect to the ownership and operation:of'adult businesses are.in the public interes. P. The City Council finds the following with respect to live performers at adult businesses: 1. Evidence indicates-that some dancers, models .and other persons who. .publicly -perform "specified sexual. activities" or publicly display "specified anatomical parts" in adult businesses (hereinafter collectively referred to as "adult business performers") have been found to engage in sexual activities with patrons of adult businesses on the premises of such adult businesses; tM 2. Evidence demonstrates that adult .business performers have been. found to offer :and provide-:private shows to :patrons who, for a price, are H permitted to observe and participate with the performers in live sex shows; _ .N 3. Evidence indicates that adult business performers have been found m' to engage in:acts of prostitution with patrons of adult business:establishments; - - a 4. Evidence indicates that fully enclosed booths, individual viewing o areas, and other small rooms whose interiors cannot be seen from public areas within an adult business establishment are used as a location for engaging in CO unlawful sexual activity;. CR V 5. Evidence indicates that adult businesses are frequently used for unlawful sexual activities, including prostitution and sexual :liaisons of a, casual Ui nature, and for the exchange and-use of illegal drugs; and - - d c. 6. Asa res.ult,of the above, and the increase in incidents of AIDS and Hepatitis B and .C, all of which are sexually transmitted diseases, the city has a substantial interest in adopting .regulations which will reduce, to the greatest extent possible, the occurrence of prostitution and sex. acts associated with WE specific health risks at adult businesses. o Q. The City. Council finds: that enclosed or concealed booths and dimly-lit a areas within.adult businesses greatly increase:the potential-for misuse of the premises, d including-potential harm to patrons and adult business performers;-and unlawful conduct of a type which facilitates the transmission of disease. Requirements that all indoor cc areas be.open to view by management. of adult businesses. at. all tunes, and that a adequate-lighting be provided are necessary-.in order to reduce the opportunity for, and therefore, the.incidence of, illegal conduct and harm to patrons and adult business performers within adult businesses, and to facilitate the.inspection of the. interior of the premises by law enforcement personnel. The Council relies on the opinions of courts upholding: such requirements, including :but not limited to Fantasyland Video, Inc.. v. County of San Diego, 505 F.3d 996, 999-1000 (9th Cir. 2007). Page 7 of 43 Pack'e,11 g 2 R. The 'City Council finds that -a permitting scheme. is a -legitimate and reasonable means of accountability to ensure-that operators of adult businesses comply With reasonable regulations and .to ensure that operators'do not knowingly allow their establishments to be::used as places of.illegal sexual activity or solicitation, and further finds that these methods of regulation constitute a legitimate exercise of zoning, licensing and police power authority.t_o. protect the.quality of life in the Grand-Terrace community and minimize the adverse secondary effects which naturally accompany the operation of adult businesses. S. The City Council recognizes the possible-harmful effects, on children and minors exposed to the effects of adult businesses and.:the need and desire of children and minors to stay away from and avoid such.:businesses, which causes children to be tM fearful and cautious when walking through or visiting the immediate neighborhood of such businesses; desire to minimize. and control adverse secondary side effects H associated:with the operation of adult businesses; preserve the quality of life; preserve property values and the character of surrounding-neighborhoods and businesses; and deter the spread of urban blight. m T. The City Council-specifically takes note of the possible harmful effects on a children and minors exposed to. the effects of adult businesses or adult=oriented material, and recognizes the need to:regulate adult businesses and/or materials in order to minimize and/or eliminate such exposure. The City Council-further acknowledges the provisions: of California Penal :Code Sections 313, et seq.,. and Section 313,1(d.); -in CR particular, authorize local governments:to regulate matter that is harmful to minors, and = that courts have upheld a city's compelling. interest in protecting .minors from sexually le explicitly, adult-oriented materials. Crawford V. Lungren, 96 F.3d 380 (9th Cir 1996), CR cent. denied 520 U.S. 1117 (1997) (state statute balanced competing interests of access to adult-oriented publications with public interest in shielding minors from influence of a such materials by limiting their access to such publications); Berry v. City of Santa Barbara, 40 Cal. App. 4th 1075. (1995) (same). d U. The City Council finds that requiring adult businesses to install and maintain video surveillance equipment at the business establishment is an appropriate restriction on such businesses, necessary to further-the important governmental interest in .deterring crime or :illegal activity at :such businesses;. including' but :not limited to N possible prostitution, altercations between patrons, thefts, burglaries, and drug d transactions. The City Council further finds, that the video -surveillance provisions enacted herein are specific as to the exact type of.equipment to be installed, as well as to the manner of installation, such that the provisions are not vague and are necessary a to ensure usable quality recordings. In addition, these provisions, regarding the maintenance of-the surveillance systems and the installation of specific equipment, such as monitor size, type :of video recorder, and type of-video camera., are the minimum necessary-to.allow police investigation of crimes committed at adult businesses. V. The .City: Council has also determined .that-a closing hours requirement promotes the reduction of deleterious secondary effects from adult businesses, and the Page 8 of 43 Council reasonably relies on. prior court decisions on -the need -for closing hours, including Mitchell v.-Commission on Adult Entertainment, 10 F.3d 1.23, 131-139 (3d Cir. 1993); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997) and 'Lady J. Lingerie, Inc. v. City of Jacksonville,. 176 F.3d 1358 (11th Cir. 1999); Fantasyland'.Video, Inc. v. County of San Diego, 505 F.3d- 996, 999-1000 (9th Cir. 2007); Deia Vu of Cincinnati; LLC.v. Union Twp. Bd. of Trs., 411 F.3d .777, 789-792 (6th Cir. 2005); Richland Bookmart, Inc. v. Nichols, 137 F.3d_435, 440-441 (6th Cir. 1998); City of Colorado Springs v. 2354, 'Inc., 896 P.2d 272 (Co. 1995); Center for Fair Public Policy V. Maricopa County ('Maricopa"), 336 F.3d 1153'(9th Cir. 2003); DiMa Cor_p. v. Town of Hallie, 1.85 F;3d 823 (7th Cir. 1999); Richland Bookmart, Inc. V. Nichols, 137- F:3d,435 (6th Cir. 1:998); National.Amusements, Inc. v:..Town of Dedham, 43 F.3d 731 , (1st Cir: 1995); Mitchell v. Commission on Adult Entertainment,. 10 F.3d 123 (3rd Cir. 19tM 93); Star Satellite v..City of Biloxi, 779.F.2d 1074 (5th Cir.. 1986). � - N W. The City Council recognizes that this ordinance is necessary to.revise the 0 permit application process for adult businesses to bring the.city's:ordinance current with existing case law and to further reduce and control the negative secondary effects of m adult businesses. This is in keeping with evolving case law and is .part of the city's continuing efforts to balance the First Amendment rights of adult business operators a and patrons with the city's substantial governmental .interest in reducing adverse c secondary effects relating to such businesses. The use of a permit process is essential co to-eliminate the adverse secondary effects of adult businesses by allowing the city to monitor and.regulate the location and concentration of such.establishments, and, in fact, u is the least restrictive means for the City of Grand Terrace to do so, constitutionally and 7 effectively. CR X. The City. Council finds that preventing the direct exchange of money N between adult business performers and patrons will serve to reduce the likelihood of o. drug and sex transactions occurring in adult businesses. Requiring separation between adult business performers and patrons also reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the adult business. �a c Y. The City Council believes that prohibiting physical contact between performers and patrons at an adult use business, requiring separate .entrances for 0 performers from those used for patrons, requiring separate restrooms for opposite N sexes, prohibiting-performers from soliciting payment of gratuities from patrons, and d prohibiting-the direct payment of gratuities .to :performers by-patrons are a reasonable ,and effective means of addressing the legitimate governmental interests of preventing prostitution,.the spread of.sexually transmitted diseases, and-drug transactions. a Z. The City Council recognizes that a number of courts of law have upheld distance limitations between performers and patrons, prohibitions against physical contact between performers and patrons; and direct payment and receipt of gratuities between .,performers and patrons at adult business establishments that provide- live .entertainment, including the following: Key, Inc. v. Kitsap. County, 793 F.2d 1091 (9th Cir. 1986); DLS, Inc. v..City of Chattanooga, 894 F. Siipp. 1140 (E.D. Tenn. 1995); Page 9 of 43 ' :Racket t?g..�54 Parker v. Whitfield County, 463 S.E.2d: 116 (Ga. 1995); Hang On, 'Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1996), Colacurcio v. Kent, -163 F.3d 545 (9th Cir. 1998), 629 U.S. 1053 (2000); Tily B. V. City,.of Newport Beach, 69 Cal. App. 4th 1 (1:998); Entertainment.Prods., Inc..v.,.Shelby County, 588 F.3d 372, 39.4 (6th Cir. 2009); and 729, Inc. v. Kenton County.Fiscal Court, 515 F.3d 485, 493 (6th Cir. 2008). AA. The City Council takes notice of the fact -that California,Penal Section 318.5,and 318.E acknowledge the authority of local governmental agencies to regulate topless and, bottomless waiters, waitresses, and entertainers, or' exhibitions in ;public J places. - - o BB.. In developing .this ordinance, the. City Council is mindful of legal principles relating to the regulation of adult businesses. The City Council has considered decisions, of: the United States Supreme Court regarding local: regulation of adult 'businesses, including but not limited to the following: Gammoh v. City of La.Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402: F.3d 875, .cent.. denied 126 S.Ct:-374; Dream Palace v. N County of Maricopa,. 384 F.3d 990 (9_th Cir. 2004); World Wide Video. v. City of m Spokane, 368 F.3d 1186 (9th Cir. 2004);. Diamond V. City of Taft, 215 F:3d 1052 (9th Cir. 2000),. cent. denied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258.-F.3d ¢ 1108 -(9th Cir. 2001); Young,v. City of Simi Valfey, 216 F:3d 807 (9th Cir. 2000), cent. o denied 531 U.S. 11:04 (2001); Lim v. City of Long Beach, 217 F.3d 1050 (9th-Cir. 2000), cent. denied 121 S.Ct. 1189 :(2001); Baby.Tam,& Co., Inc. v: City.of Las Vegas ("Baby CO Tam 1"), 1.54 F.3d 1097 (9th Cir. 1998); Baby Tam & Co:, Inc: v: City of Las Vegas CR ("Baby Tam 11"), 109 .F.3d 1111 (9.th Cir. 2000); Baby Tam & Co., Inc. v.. City of Las = Vegas.("Bab-y Tam III"),.247 F.3d 1003 (9th Cir. 2001); 4805.Convoy', Inc.V. City of San v Diego, 183 F.3d 1108 (9th Cir. 1999); Spokane Arcade, Inc. v. City-of Spokane, 75 F.3d C 663 (9th Cir. 1996); Department of Alcoholic Beverage Control v. Alcoholic Beverage ` Control Appeals Board of California (Wicary"), 99 Cal.AppAth .880 (2002); G.M. a Enterprises'v. Town of St. Joseph, 350 F.3d 631'. (7th Cir. 2003);,SOB, Inc. v. County of �o s Benton, 317-F.3d 856 (8th-:Cir: 2003); N.W..Enterprises, Inc. v...City of Houston, :372 F;3d- 333 (5th Cir. 2004); and N.W. Enterprises, Inc. v. City of Houston,352 F.3d 162 (5th.Cir. 2003), Ellwest-Stereo Theatres, Inc. v. Wenner, 681 .F.2d 1243 (9th .Cir. 1982) c (including:its finding that there is no constitutional:right to unobserved masturbation in a t ublic plate)' Deluxe Theater & :Bookstore, Inc. v. City of San Diego, 175 Cal. A 3d 9.80 :(1985) (finding that the right to privacy guaranteed by the California Constitution N does not protect the right to unobserved masturbation in a public place); County of San Diego v. 1560 N. Magnolia .Ave., 2009 Cal...App. Unpub. LEXIS 11:98, 27-28 (Cal..App. E 4fh Dist. 2009); Heideman'v. S.. Salt Lake City, 165 -Fed. Appx. 627, 633 (10th Cir: 2006). Q CC. The City Council finds that a permit appellant is;afforded judicial review of a decision relating, to an adult business permit pursuant to California :Code of Civil Procedure Sections 1094.5 and. 1094.6 and.that such review is, by-experience, prompt. DD. It is not the intent .of.the City Council in enacting this ordinance, or any provision thereof; to condone or legitimize the distribution of obscene material; and.the Page 10 of 43 % PacketPg. 55.. Council recognizes that state law prohibits the distribution of obscene materials and expects �and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City of Grand Terrace. EE, In prohibiting public nudity in adult businesses, the City Council does not intend to proscribe the communication .of erotic messages or arty other communicative element or activity, but rather only, to prevent or reduce the secondary impacts associated with such public nudity. FF. The City,-Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, .and that such interest is furthered by a prohibition on public nudity. GG. The City- Council declares that the restrictions imposed pursuant to this H ordinance are part of a-regulatory licensing process, and do not-constitute a criminal offense. Notwithstanding any other provisions of the Grand Terrace Municipal Code, the City does not impose a criminal :penalty for violations of the provisions of this m ordinance related :to sexual conduct or activities. Th'e City Council adopts these limitations-:only as a condition of issuance.and.:maintenance of an adult business permit a issued pursuant to the City's Code. o - M HH. Nothing in this ordinance is .intended to authorize,-legalize, or permit-the establishment, operation,, or :maintenance of any business, building, or use _which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. co �i II. As provided in the severability clause of this ordinance, the a City Council a finds that in the event of invalidation of the permitting requirements in this ordinance, :c any adult business which operates in the city should nonetheless be subject to the 0i remaining requirements of this ordinance, including but not limited to the locational and operational requirements, and the revocation and violation provisions, each of which would have been adopted independent of the permit issuance provisions. 0 JJ. On June 7, 2012 the, City Council adopted an interim urgency ordinance C4 declaring and imposing-a forty-.five (45) day Citywide moratorium on the establishment or expansion of adult businesses, and extended-the interim-.urgency ordinance -by.an r additional ten (10).months and fifteen .(15) days on July 10, 2012. - - a KK: On April 23, 20.13; the City Council adopted an interim urgency ordinance extending the City-wide moratorium on the establishment or expansion of adult businesses, by an additional twelve (12).months. SECTION 2. On July .23,. 2013, the City .Council conducted a duly noticed -public hearing on the proposed Ordinance at the Grand Terrace Council Chambers located at Page 11 of 43 -:Packet�Pg:56- 22705 Barton Road, Grand Terrace, California 92313, and conducted second reading on August 13; 2013. SECTION 3. The. City Council .hereby finds that-this activity is-not-,-subject to the California Environmental Quality Act (CEQA). if'the activity will not result in a direct-or reasonably foreseeable indirect. physical change in the environment (Section 15061(c)(2)); and where it can be seen.with certainty that there is no possibility that the activity in question' may have a "significant effect on the environment (Section 16061(b)(3)). The Notice of::Exemption has been:reviewed.and_considered and.reflects the independent judgment of the City Council, and is hereby adopted. 2 SECTION.A.. The City Council hereby adopts Chapter 5.84 of Title 5 of the Grand Terrace-Municipal Code as follows: N y "ChapterS.84 Adult Business Regulatory License �. Sections m 5:84.010 Purpose: 5.84.020 Definitions a 5.84.030 Regulations non-exclusive o 5;-KO40 License.required 6.84.650 License application fees CO 5.84.060 Application for-an:adult business regulatory license CR 5'84.070 Investigation of an adult'business regulatory license 5,84.080 Approval or denial of an adult business.regulatory license 5.84.090 Transfer of an adult business regulatory license 5.84.100 Terms of license 5:84A 10 Re-Application a 5.84.120 Renewals s: 5.84.130 Suspension.or Revocation of Adult Business License - U4.140 Causes for Suspension,,Revocation or Conditions 5:84.150 Decision following a Suspension.or Revocation Hearing c 5.84.160 Appeals -a 5.:84.170 Inspection of Premises o 5.-84.180 Violations N c Section 5.84.010 Purpose ' w It is the purpose and intent of this chapter to regulate the, operations of .adult a- businesses, which tend to have judicially recognized adverse-secondary effects-on the community, including, but not limited to, increases in crime in the vicinity of adult- businesses; decreases in property values in the vicinity-of adult businesses; increases in vacancies. in residential and commercial areas in the vicinity .of adult businesses; interference with. residential property owners' enjoyment of their properties when such. properties are. located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and. the deterioration. of neighborhoods. Special Page 12 of 43 :Packet Pg,�57�- 4 , regulation of these businesses is necessary to prevent'these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize.adult businesses.. It:is, therefore, the:purpose of this Chapter to establish reasonable standards for the licensing of adult businesses. Section 5.84.020.Definitions A. "Adult arcade" shall: mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or'rnechanically controlled devices, still-or motion picture- machines, -- projectors, videos, holograms, virtual reality devices or other_ image-producing 3 devices are maintained to show images.on a regular or substantial basis, where the images. so displayed are distinguished .or .characterized by an: emphasis on W matter depicting or describing "specified sexual activities" or "specified d anatomical areas." Such devices shall.be referred to as "adult arcade devices." G m B: "Adult booth/Individual viewing area" shall mean a partitioned or partially 3 enclosed portion of an adult business used for any of the following purposes: a 1. Where a. live or taped 'performance is presented or, viewed, where the M performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, .or CO relating.to "specified sexual activities" or"specified anatomical areas;" or to 2. Where "adult arcade devices" are located. ' . co C. "Adult business"shall mean: a 1. A business establishment or concern that as a regular and substantial course of conduct sells or distributes "Adult Oriented Material" or "sexually oriented merchandise", -or which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on =; -matters depicting,. describing, or:relating to "specified sexual activities" :or o it anatomical parts," but not including those uses or activities N which°are preempted by state law; d 2. Any business.establishment or concern which as a:regular and substantial r course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult model studio, adult arcade, a. adult retail store, adult cabaret, adult motel or hotel, - adult modeling/photography studio, adult motion picture theater, sex club, sexual encounter center, any business providing adult.live-entertainment, etcetera; or 3. Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual .stimulation or gratification or by references to Page 13 of 43 ",Packet^Pg`"58, !'adult,` "XXX" or similar terms-,. shall be considered-evidence that the establishment:holds itself out to the,public as a sexually oriented business. D. "Adult cabaret'' shall mean a .business establishment (whether or not serving alcoholic beverages) that as a regular and substantial course. of conduct features "adult live entertainment," persons who appear in a state-of nudity or semi-nude condition, or which holds itself out to the public where adult live entertainment is available. E. "Adult cabaret dancer" :shall mean any person who is an employee or N independent:contractor of an "adult cabaret" or-"adult business" and who, with or o Without any compensation or other form:of consideration, performs as a sexually oriented dancer, exotic dancer, strapper:, go-go dancer or similar dancer whose d performance. on a regular and substantial basis focuses on or emphasizes the N adult .cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified N sexual activities." "Adult cabaret dancer" does not include a patron.. m' F. "Adult hotel/motel"- shall mean a "hotel" or "motel (as defined in the Zoning .a Code) that is used for presenting on:-.a :regular and substantial basis images •• through closed circuit television, cable television,:still or motion picture machines, M projectors, videos, holograms, virtual reality devices or other, image-producing devices that are distinguished or characterized by the emphasis on matter o depicting- or .describing or relating to "specified. sexual'activities" or "speciified anatomical areas"; and/or rents, leases or lets any room for less than a six hour a period,,or rents, leases or lets any single room more than twice in any twenty four " ao hour period. G. "Adult live entertainment"-shalt mean any physical :human body activity, whether C performed or engaged in, alone or with-other persons, including but not limited:to 0 singing, walking, speaking, dancing, acting, posing, simulating, wrestling or ail pantomiming, in which: (1) the performer or adult cabaret dancer exposes to -public view, without opaque covering,. "specified anatomical areas"; and/or (2).the E performance or physical-human body activity that depicts:,,describes, or relates to 0 "specified sexual activities" whether or not the -specified anatomical areas are Ci .covered. c .d E H. "Adult modeling%photography studio"shall-mean a,business establishment where a live person-who appears :seminude, in a state of nudity, or who displays specified anatomical areas is provided to be observed, sketched, drawn, a' photographed, filmed,. painted, sculpted;..or otherwise similarly depicted by other persons, whether or not paying for such services. "Adult modeling studio" does .not. include schools maintained- pursuant to standards set by -the Board. of Education of the State of California,: or that of an. individual artist. studio established solely for conduct of.-the artist. Page 14 of 43 }�<,�Packet�Pg:59' 3.Cb" I. "Adult motion picture .theater?' -shall mean a business establishment, with or without a stage or proscenium, where,:on a regular and substantial basis and,for any form of'consideration, material is presented through films, motion pictures, video cassettes; slides, laser disks, digital videodisks, holograms; virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual- activities" or "specified anatomical areas." J. "Adult oriented material' shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings,.paintings, motion pictures, pamphlets, videos, slides, tapes,holograms w or electronically generated images or devices including computer software, or anj ,combination thereof that is distinguished_ or characterized by its emphasis:on d matter depicting, describing: or relating to "specified sexual activities" or N "specified anatomical areas. "Adult oriented material" shall include "sexually d oriented merchandise.", N m K. "Adult retail store"shall mean a..business establishment having as a regular and substantial portion of its, stock in trade, "adult oriented material" for sale or rent. a Includes a. bookstore;video store or store selling adult novelty items. o M L. "Establishment of.an adult business" shall,mean any of the following, CO ao 1. The opening or commencement -of any "adult business" (as defined above) as a new business; 2. The conversion of an existing business, whether or not an -"adult Ui business,"to any"adult business;" d, a 3. The addition of any"adult business"to any-other existing "adult business;" d� 4. The relocation of any"adult business;" or, c m 5. Physical changes that expand the square footage of an existing '`adult business" by more than ten percent (10%). 9 N 41 M. "Licensee" or "License Holder" shall mean a person in whose name a=license to operate an adult business has been issued, as well as :the person listed as an = applicant on: an application for a license; and in the case of a performer or manager, a person in whose :name a performer or manager's license has been Q issued authorizing employment in an adult oriented business. N. "Manager' shall mean any person designated by ,the owner or operator of an adult oriented business to be responsible forthe operation,of such business.at a particular location at a particular time. 0. "Nudity"or "state of nudity' shall mean the showing of the human male or female genitals, pubic area,. anus, or buttocks. with less than: a_ fully opaque fabric Page 15 of 43 Packet Pg.VfiO_w covering; the showing of the female breast-with less than a fully opaque fabric covering of any part_ of the areola; or the showing of-completely or opaquely covered, by fabric, male genitals in a discernibly turgid state P. "Owner" shall mean any of the following: (1) the sole proprietor of an adult business; .(2) any general ,partner of a: partnership that owns and operates an adult business; :(3) the owner of,:a controlling interest in a corporation or L.L.C.- that owns and operates an adult business; or (4) the person designated by the officers of a corporation-or the members of an L.L.C. to be the license holder for an adult business owned and operated by the corporation. 0 w Q. "Performer" shalf_mean a person who is on employee or independent contractor of an.adult business or,any other person who, with or without any:compensation d or other form of consideration; provides adult live entertainment or models for N patrons of an "adult business". N R. "Regular-and substantial course of conduct" and "regular and substantial portion m' of its business" means any adult business where- one or more of the following conditions exist: a _ 1. The business devotes more than fifteen (15) percent or 100 square feet of co the retail floor area, whichever.."is less, to adult oriented material;.or co c 2. The business or concern presents any type -of live entertainment. -to characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed, only in CR lingerie; or I; - 3. At. least 'twenty-five percent of the gross receipts of the:.business are derived from the sale,-trade, rental, display or presentation of services,' products, adult--material,. or entertainment which. are characterized- by an emphasis on d� matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. C S. "Religious facility shall` mean a permanent.facility exclusively used on a regular basis for religious assembly, such as customarily occurs in a synagogue, temple, mosque, or church, or convent, or monastery. .c T: "Schoot' shall mean any child, care facility or an„institution of learning for minors, whether public'or private, which offers instruction.in those courses of study a required by the California Education Code or which is maintained pursuant to standards set-by the State Board of Education. This definition:includes a nursery school, kindergarten, elementary school, junior high:school, senior high school or any special institution of education, but it does not include a vocational or professional institution: -of higher education, including a community or junior college,.college or university Page 16 of 43 .Packet Pg I U. "Semi-nude or in a "semi-nude condition"-shall mean a state of dress in which clothing covers no more than the genitals,: pubic region,.:and areola or nipple of the female breast. This definition -includes the entire lower portion of'the human female breast. V. ".Sex Club" shall mean .any establishment not primarily dedicated to. providing overnight lodging accommodations, including a..private club that.permits persons to engage in specified sexual activities in any public or semipublic portion of.the - establishment or which:provides any,private room to.persons more than once in a twenty- hour period in which -persons are permitted to engage in specified ^` sexual activities. For the purpose of this section,.:a."public or semipublic portion of an ;establishment" shall mean any portion of the establishment in which licensees, invitees, visitors or guests -of the establishment or its members are permitted access and which.is let, leased or rented: more than once in a twenty- y hour.period to persons who are entitled to exclusive use of the room. The above d notwithstanding, a ''sex,-club" is also any place which :represents itself to any person or group of persons as a.place for persons to engage in specified sexual m activities. - a W. "Sexual encounter center" shall mean a.business or enterprise that offers for any o form of consideration physical contact in, the form of wrestling or tumbling M between two or more persons, when one or more of the persons'is in a state of nudity or semi-nudity.. CR X: "Sexually Oriented Merchandise" shall mean: 1. Sexually oriented implements, paraphernalia, or novelty items, such. as, but not limited .to: dildos, auto sucks, sexually oriented vibrators; benwa balls, d inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually,oriented devices.which are designed or marketed primarily for the stimulation of human `genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on C matter depicting, describing or relating to "specified: :sexual activities" or "specified anatomical areas"; or o CV 2. Lingerie: presented in. combination with. -other merchandise contained . c within this definition. or :the definition. of adult oriented material; leather :goods E marketed or presented in a context to suggest their use-for sadomasochistic practices; or condoms or sexual lubricants presented in combination with other a merchandise contained within this definition or the definition of "adult oriented material. Y. "Specified Anatomical Areas" shall mean and include any of the following: 1. Less than completely and: opaquely covered, and/or simulated ,-to be reasonably anatomically correct, even if completely and opaquely covered human: Page 17 of.43 - `Packef3P,g:62 �- a. genitals; pubic region; b. buttocks, anus; or . C. female breasts below a point immediately above the top of the areola; or 2. Human. male genitals in .a discernibly turgid state, even. if--completely or opaquely covered. . Z. "Specified-criminal activity' shall mean any of the following offenses: c 1. Prostitution or-promotion of prostitution; dissemination of obscenity; sale, tM distribution or display of harmful material to a minor; sexual performance involving a child; possession or distribution of child pornography; public N lewdness; indecent exposure, indecency with a child; engaging in c organized criminal activity; -sexual assault; molestation of a child; m gambling; distribution of: a .controlled substance; state penal code; or any = similar offenses to those described.in this subsection under-the criminal or a penal code of-other states or countries; .. 0 9- 2. For which: CO v a. Less than"two years have elapsed since the date: of conviction or the C_ date: of release from confinement imposed for the conviction, whichever .is.the later date,. if the conviction is fora misdemeanor cc -offense; OR b. Less than five years: have elapsed since the date of conviction or the a date of release -from confinement for the conviction, whichever is the = later date, if the conviction is of:a felony offense; or d c. .Less-than five years have elapsed since the date of the last conviction or the date .of release from confinement for .the last conviction, whichever is the later date, if the convictions are of two or more 0 misdemeanor offenses or combination., of misdemeanor, offenses N occurring within any 24-month period. d E s 3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. AA. "Specified Sexual Activities" shall mean and include .any of the following, irrespective of whether performed directly or indirectly through clothing or other covering: 1. Human genitals in a state of sexual stimulation or arousal; and/or 2. Acts of human masturbation, sexual stimulation or arousal; and/or Page 18 of.43 P;acketPg 63 _ 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or 4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or 5. Human excretion, urination, menstruation,vaginal or anal.irrigation; and/or 6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. - Section 5.8.4A30 Regulations Non-Exclusive 0 rn The provisions of this-chapter-regulating adult businesses are not intended to 'be W exclusive, and: compliance therewith. shall not excuse;,non-compliance with any other N provisions of the Grand Terrace Municipal Code and/or any other regulations pertaining c to the:operation of businesses as adopted by the:city council. �. - m Section 5.84.040 License required a A, All -adult businesses -are subject to the adult business regulatory license requirements of this chapter as well .as all other applicable ordinances of the city, county, and laws of the State of California.. 00 00 B, It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the: City of Grand Terrace unless the person first obtains, and continues :to maintain in full force and effect, an adult business .regulatory license as required in this chapter.. .Any occurrence of the "establishment .of an adult W business", as defined: in this chapter; shall require :a new application for an adult a business regulatory license. _ C. It shall be.prima facie evidence that an adult business has not obtained an adult CD 0� business regulatory license if such business fails to post the adult business regulatory, c license in-the-manner required:herein. 0 E; A conditional use permit,. if required, must be obtained and inaugurated before a N license application is accepted. CD Section 5.84.050 Lice nse,application fees a No application shall be.processed without the required application fee paid in full at the time of application submission. Section 5.84.060 Application for ah adult business regulatory license A. All applications for an adult business regulatory license shall be made with the Grand Terrace community development department, 'except that sex clubs shall be prohibited.within the City of Grand Terrace. Page 19 of 43 B. The fact that a license applicant possesses other types of city licenses does not exempt the .applicant from the, requirement of obtaining an adult business regulatory license. C. At the time of application for an adult business regulatory license the license applicant-shall obtain a. "Request for Live Scan-.Service" form or similar form from the community development department and shall have live scan fingerprinting: conducted by an authorized live-scan service. The license applicant shall bear all costs associated with the -completion of a .California Department of Justice and Federal Bureau. of Investigation background check. 0 D. All applicants shall 'file a complete application on a form provided by -the 10 community development department. Such application shall contain the , following information and/or be:accompanied by the following documents: rr - N • N 1. The applicant's legal name., any aliases, mailing. address for receipt -of E notices; home address, home and office telephone numbers, occupation, date and m place of birth, driver's license number, .social security number, and state- issued tax 3 identification number; - a- 2. Written proof that the applicant is at least 18.years of age; M - - r 3. If the applicant is.an entity other-than an individual, -each individual: who CO has a ten (10) percent or greater interest in the entity proposing to own and/or operate the-business' must provide the same information as the.individual applicant and sign the c license application as an applicant. In addition: V a. If the applicant is: a corporation, the corporation shall state its complete name,. the. date of its incorporation, evidence that the corporation is in good a standing under the laws of the state, the names and capacity of all officers and directors, and the.name of the registered corporate agent and: the address of 'the. registered office for: service or process;or . c :b. If the license- applicant is a. partnership, the :partners shall state the o partnership's complete name, address, the names of all partners, and whether the N partnership is general or limited; and shall attach a copy of the partnership agreement, if 41 any; £. E 4. A recent:photograph of the applicant(s); 5. A description :of,the type of adult business -for which the .license is requested'and the proposed address where the adult business will operate; 6. If the property owner is other than the applicant; the name of the property owner and a: notarized: statement signed by :the: property owner:stating that applicant has..entered into a contract to acquire, lease or otherwise control the site o_ r.structure for use:as an adult business; Page 20 of 43 - -;Packet:Pg �Ss 7. If the license applicant intends to operate,the adult business under a name other than that of the license applicant, the license applicant shall file the fictitious name of:the adult at show proof of:registration of the fictitious name; 8. Whether the applicant has been convicted of a specified criminal activity, as defined: in this chapter, and, if so, the specified criminal activity involved and the date; place, and jurisdiction of each. The City shall verify this through a criminal background check -which shall be conducted at -the applicant's expense prior to issuance and/or renewal of the license; 9. Whether:the applicant has ever had a license previously issued under this chapter or the predecessor to .this chapter or other similar adult business ordinances from another city or county denied, `suspended or revoked, including the name and tM location of the adult business for which;the license was:denied, suspended-or revoked, H as well as the date of the denial, suspension or revocation.; and whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of: a corporation that is licensed under this chapter or the predecessor to this chapter whose m license has previously been denied, suspended or revoked, including' the name and location of the adult business :for which the license was denied, suspended or revoked a as well as-the date of denial; suspension or revocation; o 10. Whether the applicant holds any other licenses under this chapter, or its predecessor,. or other similar adult business ordinance from another city or county and, CR LO if so,the names and locations of-such other licensed businesses; v 11. A sketch or diagram showing. the .interior configuration of the premises, 60 including a statement of the total floor area occupied by the adult business. The-sketch i or: diagram need not be professionally, prepared but. must be oriented .to the north or some other designated street or object and drawn to a designated scale-or drawn with marked dimensions of the interior of the premises to an accuracy; of plus or minus six (6).inches. Any modification to the diagram shall be submitted prior to commencement Of any construction, or:occupancy of'the.structure-if construction is not proposed;.and 12. A statement signed under penalty of perjury by the applicant that the 0 applicant has personal knowledge of the information contained in the application and N that the information contained. therein is true and correct; .that the applicant grants i permission to the city to perform any necessary background :checks on persons or E businesses listed on the application; and that the applicant has read all provisions of the cc Grand Terrace Municipal Code regulating adult businesses. a E. Notwithstanding the fact that an application filed hereunder may be .a :public record under Government Code Section 6250 et seq., certain portions of such :. application contain information vital to the. effective administr'ation .and_ enforcement of the licensing and/or permit scheme established in-this section which is personal, private, confidential, or the disclosure of which could expose the applicant to a. risk of harm. Such information includes, but is not:limited to, the applicant's residence.address and Page 21 of 43 - :Packet-Pg.:66 z telephone number, the- applicant's date of birth and/or age, the applicant's driver's license and/or. Social Security Number, and/or personal financial data. The City Council in adopting the application and: licensing and/or-permit system set forth in this section has determined in accordance with Government Code Section 6255 that.the public interest in: disclosure of the information set forth in this :section:-is outweighed by the public interest in achieving compliance_ with this chapter-by ensuring that--the applicant's privacy,. confidentiality, or security interests .are protected. The community development director shall cause to be obliterated from any copy of a completed' license application made available to any member of the- public, the c information set.forth:in this section. ° - 3 IM Section.5.84.070 Investigation of an adult business regulatory license N A. The completeness of an application for an adult business regulatory license shall - be determined by the community development.director within five (5) city business.days of the date of receipt of the application. If the community development director- m determines that the application is incomplete, the community development director shall immediately .notify in writing :the applicant of such fact and the; reasons 'therefore, a. including any additional information necessary to render the;application complete. Such o writing shall be .deposited in .the. U.S. mail, postage . prepaid, 'immediately upon determination that the :application is incomplete. The applicant shall have ten (10) calendar days from the date:of the notice to submit additional information to render the ° - application complete. The applicant's failure to submit the additional-information within = this time period renders the application null and void. Within five (5).city business days ° following 'the, receipt of a supplemental or amended application, the community ? _ development director shall again determine whether the application.. is complete. H Evaluation and notification shall occur as provided in this subsection until such time as a the application is found to be complete. Once the application is found to be:complete, the applicant- shall be :notified within five (5) city business days. of that fact. If. .an (31 applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that.a new application. must be filed with the community development _ director as set forth in this-chapter. -a 0 B. Upon receipt of a complete- application, the community development director N shall immediately transmit .a copy of the application to the, appropriate reviewing d agencies. Not later than fifteen (15) calendar days from the�:date the application is s determined to .be complete; the. aforementioned -reviewing agencies shall report the results of their:investigation to the community development director.. a C. Notwithstanding any provisions in this section regarding- the occurrence of:any action within a specified period of time, the applicant may request additional time beyond that provided for in. this- section or may request .a continuance regarding any decision or .consideration by the city of the pending application.; Extensions of time sought by an .applicant shall not be -.considered a delay on the part .of -the city or constitute failure by the city to provide for prompt decisions on applications. Page 22 of 43 D. Within twenty (20) city business days from the date the.application is determined to be complete, the community development director shall approve or deny the application in accordance with this chapter, and so:notify the applicant as follows: 1. The community development -director shall write or :stamp "Approved" or "Denied" on the application and=date and sign :such notation. 2. If: the- application is denied, the community development.director shall attach to the,application a statement of the reasons for the denial. 3. If the application is approved, the community development director shall attach to the application an adult business regulatory license. IM 4. The documents specified in subsections D(1), (2) and 3) of this section M shall be deposited:in the United States mail, first class postage prePaid, addressed to d the applicant at the address specified in the application. All notices given under-this 5 subsection shall be deemed-given upon the date they are deposited in the United States m mail = F. The issuance of the license shall be subject to approval of any pending decision a on a conditional use permit required .by the zoning code pursuant to Chapter 18.83 Conditional Use Permits or any appeal:taken from such:decision, and shall not become effective unless and until the-Conditional Use Permit is granted. CO G. If the community development director is unable to act on the application within the required time period. following a determination of completeness, the director shall y notify the applicant in writing and issue a provisional liicense.i- which shall expire following approval or denial of the- application and final disposition of,any appeal proceedings as provided in this chapter..The provisions of this chapter shall fully apply C to a provisional license. Section 5.84.680 Approval or denial of an adult business regulatory license c A. The: community development director shall approve the issuance of a regular ° 0 license to an applicant, unless it is determined by a preponderance of the evidence that N anyone of the.following findings is true E 1. The applicant is under .eighteen (18) years of age, unless alcoholic. beverages are to be served on premises, then the applicant is under twenty-one (21) cc years.of age subject to Alcoholic Beverage Control ("ABC") regulations. 2. An applicant has failed to provide information reasonably necessary for issuance of the license or gave false, fraudulent or untruthful information on the application form. 3. An applicant has been denied a license.by the city to operate an adult- oriented business within the 12 months preceding the filing of the application. Page 23 of 43" Packet0gr 68_ 4. The applicant has been convicted of 'a --specified, criminal activity, as defined in.this chapter, either within the state or in.another jurisdiction. 5. The applicant has, within: the past five years, been convicted in an administrative enforcement action or court action of violating an adult-oriented business ordinance, 6. The applicant has had an adult oriented business license, or comparable license, of:any type revoked within the past.fi-'e (5) years or one suspended within the past three-(3) years, immediately preceding the date of application; the .fact that the N —` applicant has appealed such action shall have no effect on the disqualification of the c w application; '0 7. The adult business does not comply with the city's zoning requirements as IX to its underlying zoning designation and other location requirements of city codes. 8. The license fee required by this chapter has.not been paid. m B. The approved adult business regulatory license shall be posted in-a conspicuous a place at or near the adult business's entrance.so-that it may easily read at any time.. Co .. Section 5.84.0.90 Transfer of an adult.business regulatory license .CR A. It is:a,violation of this-chapter fora licensee to.operate an adult.oriented business -to = under the authority of an adult business regulatory license at any place other than the o - address of the adult oriented_ business stated in the application upon which the license CR was issued. AD B. It is a violation of this chapter for a licensee.to transfer ownership or-control of an adult business regulatory license to another person or entity unless and until the transferee frst:provides the community development director the information asset forth ail in:this chapter at least thirty (30) days:prior to the transfer. The community development director shall review the application in accordance with'this chapter. a =0 C: It is a violation of this chapter: for a licensee to transfer an adult business N regulatory license :when the community development director has notified the licensee c that the license has been suspended or revoked or that such action is pending. E D. Any attempt to transfer a license either directly' or indirectly in violation of this a section is void, and the license;shall be deemed revoked. Section 5.84.166 Terms of license A. A.license issued under this chapter shall be issued :for.a.period of one (1) year and is required to be renewed annually. & A license issued under this chapter shall, expire'on the last day of the calendar month during which the.licenses was issued or renewed during.the-previous year. Page 24 of 43 C. The-license, if-granted, shall state on its face the name of the-person to whom it is granted, the expiration date, the address of the adult business and the classification of:adult business for which the license.is issued. D. Within. 30 calendar- days of any change in the information. originally submitted with -the-license application, a ,license holder shall provide the community development director with a Written statement supplementing or amending the information required by this chapter. Failure to submit such changes shall be grounds for suspension of the license. Section 5.84.110 Re-Application , -. A permittee, applicant -or substantially related entity Wherein the new application is d' Made by an individual or previous entity exercising ownership., management or fA oversight .or control of the adult business, cannot re-apply for an adult business regulatory :license for a particular location within one (1) year from the date -of prior denial m Section 5.84.120 Renewals a A. - A license may only be renewed by the licensee's filing with the community Co development department a written request for renewal on a form provided by the city, accompanied by a nonrefundable application licensing fee set forth in the schedule of 'C6 fees established from time Ito time by the city- council, and a copy-of the license.to,be An renewed. °B. The: request for renewal shall be made at.least thirty (30) calendar days before Co the expiration date of the regular license, and the information required in section N 5.84.060 of this chapter shall be provided. When a renewal request is made less than a thirty (30) calendar days before the expiration date, the expiration shall not be:stayed. _ C. The community development. director shall. act upon application_s for license. d renewal as provided for in applications for licenses, ' c D. A.lice nsee subject to denial of a renewal application shall.have the right to appeal the suspension or revocation under the-procedures provided in,this-chapter. 0 - N r Section 5.84.130 Suspension or-Revocation. E X On determining that grounds for license suspension or revocation exist, the community development director shall furnish written 'notice of the proposed suspension a or revocation to the license holder. Such-notice.,shall set forth-the time and place of a hearing and the ground or grounds upon which the hearing-is ased, the pertinent 7code sections, and-a brief statement of the factual matters-in support thereof. The notice shall :be mailed, postage-prepaid, addressed to the last known address'of the license holder, or shall be delivered to the license holder personally, at least ten (10) days:prior to the hearing date._ Hearings pursuant to this- section shall be conducted by the community development director or his/her designee,. which may include a third party hearing-officer. Hearings pursuant to this-section shall be conducted in accordance With Page 25 of 43 Aacket'Pg:_47�Q;: procedures established: by the community development director, at a minimum, .shall include the following: 1. All parties involved shall have the right to offer testimonial,.:documentary:, and tangible evidence bearing upon the issues:and may be represented by counsel. 2. - The community development director or his/her/her designee: shall not be bound by the formal rules.of evidence: r - 3. Any hearing-under this section may be continued fora reasonable time-for N -the convenience of a party or a witness at the request of the license holder. Extensions o of time or continuances sought by a license holder shall not be considered a.delay-on A the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations. N ' H 4. - The decision, of'the community development director or his/her designee _ may appealed in"accordance with this chapter. m B. The community development director may suspend and order an adult business a closed pending a suspension or revocation hearing if he or she determines that the .. closure is necessary to protect the public health and safety. CD a! Section 5.84.140 Causes for-Suspension, Revocation or-Conditions CR A. A license may be suspended, .revoked or conditions may be 'Imposed on a license based on any-one of the following .causes arising from the acts or omissions .of � the license holder, or an- =employee, independent contractor, partner, director, or CR manager of the license holder: EM 1. Licensee operated the adult business or allowed the performance of adult o live entertainment in a location.not approved for such activity; �i ai 2. The. license is being used to conduct .ari activity different from that for which,the license was approved; c a 3. Licensee-did not provide a written statement supplementing or amending -o th'e:information of the'license applicatioh:as required bythis chapter; N 4. Licensee violated. any requirement of the Zoning Code related to the regulation.of adult businesses; - as 5. Licensee refused. city, or .other governmental agency access to the a premises and:records; 6. Licensee allowed a person under the age: of.,eighteen .(18) years in or on the premises; 7. Licensee reconfigured the interior of.the premises without.approval from the City; Page 26 of 43 "�:Racket?Pg 71 8. Licensee demonstrated an inability to operate or manage the business in a peaceful and law-abiding manner thus necessitating action :by law enforcement officers; 9. Licensee violated any of the "standards' of conduct and operation" contained in chapter 18.70-of the municipal code.. 10. The licensee's license has been suspended more than once;- 11; The licensed business was operated during a period of time when the license was suspended; 12. The building-, structure, equipment, or location used by the adult business75 � fails to comply with all provisions of these regulations and this-section relating t6adult businesses, including the adult business operational standards contained in Chapter Iz 18.70 of the Municipal Code, and all:other applicable building, fire, elect6o8f, .plumbing, health, and zoning requirements of the Grand Terrace Municipal Code; 13. The.license holder has failed to obtain or maintain all required city, county m and/or-state licenses; a 14. The license holder has made any false, misleading, or fraudulent `statement of material fact in the application for an adult business license;, CR 16. Licensee transferred, or attempted:to transfer, a license issued :under this .chapter to another person-or entity; 16. ' The licensee or .an individual employed by, or. .performing in, the :adult co business (whether classified as an employee or independent contractor), :has .been H convicted of sex_related offenses that occurred in or on the licensed, premises and was a employed by, or performing in, the adult business at the time the offenses were committed; - d 17. That the use for which :the approval.was granted has ceased: to exist or � has been suspended for six•(6).months or more; 0 18. That the transferee/new ,owner of an adult business or adult business N license failed to comply with.the requirements of this Chapter.; d E 19. The licensee, partner, director, or manager has- knowingly allowed or -permitted, or has failed to make a reasonable effort to.prevent the occurrence of any of a the following on the premises of the adult business; or a'lice.nsee has been convicted of violating any of the following state laws on the premises of the adult business:. a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation: b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. Page 27 of 43 • - •:PacketPg,72=... ~1_ _ C. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. d. The occurrence of acts':of Lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 or subdivision (b): .of Section 647b of the California Penal Code. e. Any act'constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not J limited to Sections 311 through 313.4. f. Any act constituting a felony involving the sale, use, possession, or possession for sale of any-controlled substance: specified in -Sections 11054, 11.055, 11056, 11057, or 11:058 of the California Health & Safety Code. W N N g. An act or omission in violation of.any of the requirements of this chapter if such act or omission is with the;knowledge, authorization, or approval of the license m holder or is as a result.of the license:holder's negligent supervision of the employees or = independent,contractors of the adult business. This includes the allowance of activities a that are or become a public_nuisance which includes the disruptive.conduct of business •• patrons whether on or immediately off the premises where such patrons disturb the M peace,.obstruct traffic, damage property; engage in criminal conduct,-violate the law and otherwise impair the free enjoyment of life and property; or CO ui 20. The Conditional Use Permit for the adult business has been:revoked. o Section 5.84.150 Decision following a Suspension or Revocation Hearing CR N A. After holding the hearing in accordance with .the provisions of. this _chapter, if the a community development director or his or her designee finds and determines that there . are grounds for suspension,. revocation or the addition of conditions., the community d� development director-shall impose one of the following: _ C c 1. Suspension of the license for a specified period not to exceed six (6) a months; 0 N 2. Revocation of the license; or E 3. The addition of reasonable conditions necessary_ to permit the adult business to continue to operate in .a manner that would eliminate the -grounds for a suspension or revocation that have been found to exist. B. The community-development director shall render a written decision that shall be hand.delivered or overnight mailed to the license holder within five.(5) business days of the public hearing. 'G. In the event a license is revoked pursuant to this section, another adult business regulatory license to operate an adult business shall not be granted to the licensee or Page 28 of 43 ,Packet P,g.'73' 4C:b- an entity related to the licensee within twelve_ -(12) months after the date of .such revocation. D. A licensee subject to suspension-or revocation shall have the right to appeal the suspension or revocation under the procedures provided in this chapter. E. A licensee that has had a license revoked shall be subject to the same license criteria required of.any applicant applying for a new license. Section 5.84.170 Appeals A: After approval, .denial, suspension or-revocation of a license, any affected person w may appeal the decision by filing a written petition with the city clerk requesting a hearing on the denial, suspension, or, revocation of. the- license within fifteen (15). d calendar days of the date of the community development director's decision. The city m council shall serve as the appeals board. The appeal shall be scheduled within twenty (20) calendar days of the date.the petition is received in the office:.of the city .clerk. The � city clerk shall give written notice to the-applicant of the-time and place for the hearing m on the applicant's appeal at least ten (1-0) calendar days-prior to the scheduled date of hearing: a 0 B. During the appeal of a license denial, suspension, or revocation, the applicantco shall be permitted to operate with a provisional licenseuntil the.final disposition of the appeal proceedings before the City Council. The provisions of this chapter shall fully CR apply to a provisional license. C. Consideration of-an appeal of the decision shall be at a public hearing and which hearing shall occur within thirty(30) days of the filing or initiation-of the appeal. y L D'. The city council's action on the-appeal of.the decision shall.be by a majority vote of the members present and upon the conclusion of the de Novo public hearing, the city council shall grant or deny the appeal. 'The city council's decision_shall be final and conclusive and sh'all.be rendered to the-.licensee in writing.by registered or certified mail C within ten (10) city business days of the hearing. L - O E. In reaching its decision, the.city council shall not be bound by-the formal rules of N evidence. d , F. Notwithstanding -any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that, provided for in this section or may request a continuance regarding -any a decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not-be considered .delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications. G. Failure .of the city clerk to render a decision to grant or deny an appeal- of a license denial within the time frames established by this section shall be deemed to constitute a denial of the license. Page 29 of 43 �Packet`_Pg.:74: H. The.time for a court-challenge to .a decision of the city council is governed by California Code of Civil Procedure § 1094.8. L Notice of the city council's decision and its findings shall include citation to California Code of Civil Procedure § 1094.8.. J. Any applicant or license holder whose license has been denied pursuant to this Section shall :be afforded prompt judicial. review of. that decision as provided by / Cal iforn!a_Code of Civil Procedure § 1094:8. `- ' Section 5.84.170 Inspection of Prerhi.ses o Each owner., operator, manager, employee. -or independent ,contractor of an adult business or other person in charge of an adult business shall permit representatives of the community development department, including City Planning, Building .and Safety. N and Code Compliance Divisions, county sheriffs department, and county :fire department, to inspect those_ portions of the adult business open to the public or to � portions of the public, for the purpose of.insuring compliance with operating standards 00 Of this Chapter applicable to adult businesses .at any time it is occupied or open for business,.as well as to inspect,.for compliance with the provisions of this Chapter,-.those a portions of the- adult business that may not be open to-the public, but only as to those portions directly relating to operating and regulatory provisions applicable to the licenses issued pursuant to this chapter, such as recording equipment for required co- security cameras. Such _inspections shall be.conducted in:a reasonable manner,:such that :the inspection minimizes any interference with or delay of business operations, as _ reasonably practicable-to the purposes of the -inspection; shall be conducted by,the City's Code :Enforcement Manager, designee, :or:other City employee charged with-the responsibility of monitoring compliance of adult businesses with this Chapter; and shall only be conducted as necessary. to insure compliance with the regulatory provisions of C, this Chapter-relating to adult business and/or performer permits and licenses. Nothing in this section shall- .permit or authorize warrantless searches of -property on the �i premises, except as otherwise permitted-by law. _ c Section 5.84.180 Violations 0 N Any adult-oriented- business established, operated, or maintained. -contrary to the provisions of this chapter is .unlawful and a,public nuisance, and the City Attorney may E commence an action or actions,:proceeding or proceedings for the abatement, removal, and :enjoinment thereof in the manner:provided by law, and shall take such _other steps a and shall apply to such court or courts as may have jurisdiction to grant such relief as will- abate or remove such adult-oriented business and, restrain and. enjoin any person from establishing, operating, or maintaining an adult-oriented business contrary to the provisions of this chapter or such other laws." SECTION 5. The City Council hereby adopts Chapter 5.88 of Title- 5 of: the Grand Terrace Municipal Code as follows: Page 30 of 43' Packet Pg 75- "Chapter 5.88 Adult Business Manager and Performer License Sections 534410 Purpose ' 5.88.020 Definitions 5.88.030 Regulations non:exclusive 5.88,040 License required 5.88.050 License application fees 5.88.060 ' Application for a manager or entertainer license 5.88.070 Investigation of a manager or entertainer's license 5:.:88:080 Approval or denial of a manager or entertainer license , 5.88.090, Transfer of a manager or entertainer's license 5..88.100 Terms of license d 5.88.110 Re=Application _ y 5.88.120 Renewals d 5.88.130 Suspension or Revocation N 5.88.140 Causes for Suspension,-Revocation or Conditions m 5:88.150 Decision following a Suspension or Revocation Hearing 5.88.160 Appeals Q 5.88.170 Violations o M Section 5:88,010 Purpose ao It is. the purpose and intent of this chapter to regulate the operations of adult businesses, which tend to have widely and judicially- r..ecognized adverse secondary effects on the community and the public, including, but not limited to, increases in.crime CR in the vicinity of adult businesses; decreases in property values in the vicinity of-adult businesses; increases in vacancies in residential and commercial areas in the vicinity of w adult .businesses; interference with residential: property owners' enjoyment -of their ,CL �a properties when such properties are located in the vicinity of :adult businesses- as a result of increases in crime, litter, :noise, and vandalism; and the deterioration of neighborhoods adjacent.to adult businesses. Special regulation of these businesses is c necessary to prevent these adverse secondary effects and the blighting or degradation 'E of the neighborhoods in the vicinity of adult businesses while :at the same time C protecting the First Amendment rights of those individuals who desire to own, operate or N patronize adult businesses. E Section 5.88.020 Definitions The definitions contained in Section 5.88.020 of Chapter 5.88 of the Grand Terrace Municipal Code shall apply, including the following definitions, which are reprinted here for convenient reference: BB. "AdO.I.Nive entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer or adult cabaret dancer exposes to Page 31 of 43' Packet"Pg.76 public view, without opaque covering, "specified anatomical-areas"; and/or (2)the performance or physical human body activity that depicts,.-describes, or relates to "specified sexual activities" whether or not the "specified anatomical areas" are covered. CC. "Adult modeling/photography studio"shalt mean a business establishment where a live person who appears. seminude, in a state of nudity; or who displays specified anatomical areas is provided to be observed, sketched., drawn, photographed, filmed, painted, sculpted, or otherwise similarly depicted by other r persons, whether or not paying for such services. "Adult modeling studio" does c not include schools maintained pursuant to standards set by -the Board of Education of the State. of California, or that of an individual artist studio established solely for conduct of the artist. tM Db. "Licensee" or 'license Hblde? shall .mean a person in whose name.a license to operate an adult business has been issued, as well as,the person listed as an H applicant on an application for a license; and in the case of a performer or m manager, a person in whose name a performer or manager's license has--been issued authorizing employment in an adult oriented business.. a EE. "Manage? shall mean an erson designated b . the owner or operator of an qrl o 9. Y P.. 9 Y p adult oriented business to be responsible for the operation of such business at a particular location at a particular time. CO FF. "Pen`orme shall mean a person -who is an employee or independent contractor C " `- of an adult business or.any other person who, with or without any compensation CR or other form of consideration, provides adult-live entertainment or models for patrons of an "adult business". , d c. GG. "Specified criminal activity' shall mean any of the following offenses: 1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance c involving a child; possession or distribution of child :pornography; :public o lewdness; indecent exposure; indecency with a child; engaging in N organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; state penal code; or any E similar offenses to those described in this.subsection under the criminal or penal-code of other states or countries; cc a 2. :For which; a. Less than two years: have elapsed since the date of conviction or the date of release from - -confinement imposed for the conviction, whichever :is -the later date, if the conviction is for a misdemeanor offense; Page 32 of 43 :.Packet Pg 77 b. Less than five years have elapsed since the date. of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or c. Less than five-years have elapsed since the.date of the last conviction or the date of release -from confinement for the last conviction, whichever is the -later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period. r � 3. The-fact that a conviction. is being appealed shall have no effect on the disqualification-of the applicant. tM Section 5.88.030 Regulations Non-Exclusive M N The provisions of this chapter regulating adult business managers and performers are not intended to be exclusive; and compliance therewith shall not excuse m non-compliance with .any other provisions of the Grand.Terrace Municipal Code and/or = any other regulations pertaining to the operation of businesses as adopted by the city Q council. co Section 5.88.040 License required A. It shall be unlawful' for any person to manage or perform within any adult -business within the:City of Grand Terrace unless the person first obtains, and continues to maintain in full force and effect, an adult business manager or performer license as provided in this chapter. OR 13 It shall be unlawful for any person to perform any work, service or entertainment a directly related to the operation of an unlicensed adult business. i C. It shall be prima facie evidence that any person who conducts any business, service or performs in .an adult oriented business had knowledge that such .business was not licensed if the adult oriented business regulatory license is not posted in the a manner required herein. 0 N Section 5:88.050 License application fees E A. Every manager or performer of-an adult business shall pay a license fee or r license renewal fee as determined- by resolution of :the city council, as provided in a Chapter 5.04 of this title. B. No application shall be processed without the required application fee paid in full at the time of application submission. Page 33 of 43 Section 5.88.060 Application for a manager or performer license A. All applications for a manager or performer license related to an adult business shall be made with the Grand Terrace community development department. B, No application for a manager or performer license shall be accepted by the community development department prior to licensing of the adult business for which the manager or performer license iis applicable. C. At the time of application for an adult business manager or performer license, the y license applicant shall obtain a "Request for Live Scan Service" form or similar form o from the community development department and shall have live- scan fingerprinting conducted by an authorized live scan service. The license applicant shall bear all costs associated with the :completion of a California Department of Justice and Federal W Bureau of Investigation background check, and shall be responsible-for providing .proof d of payment and processing of such form, before the time shall run for the processing by . the City of the application for an adult business manager or performer license. m w D. All completed applications for a manager or performer license related to an adult a oriented business shall provide the following information: •• 0 T 1. The applicant's legal. name, any aliases,- mailing address for receipt of notices, home address, home and office telephone numbers., occupation, date and CO place of birth, driver's -license number, social security number and. state issued tax LO identification number; 2. Written proof that the applicant-is-at least 18 years of age; CR 3. Identify whether the application is for a manager or performer license; a m 4. If the license applicant intends to utilize a stage name other than that 01 shown on the application, the stage name shall be written on the application; �o c 5. Whether the applicant has been convicted of a specified criminal activity 2 as.defined in this chapter arid, if so, the specified criminal activity involved and the date, C place, and jurisdiction.of each. The City shall verify this through a criminal background Cq check which shall be conducted at the applicant's expense prior to issuance and/or renewal of the license; _ 6. Whether the applicant has.ever had a license,previously issued under this a chapter or,the predecessor :to :this chapter or other similar adult business ordinances from another city or county denied, suspended or revoked', including the name and location of the adult-oriented business where the applicant was employed .or proposed to be employed for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and whether the applicant has been a partner in a partnership or an officer.,, director or principal. stockholder of a corporation that is licensed under this chapter or the predecessor to this chapter whose license has Page 34 of 43 -._:Packet,P,g,79 previously been denied, suspended or revoked, including the name and Location of the adult-oriented business.for which the license was.denied, suspended or revoked as well as the date of denial, suspension or revocation; 12. A statement signed under penalty of perjury by the applicant that the applicant has- personal knowledge of the information contained in the application and that the information contained therein is true and correct; that the applicant grants permission to the city to perform any necessary background checks on persons or businesses listed on the application; and that the applicant has read all provisions of the Grand Terrace Municipal Code regulating adult businesses. E. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain .portions of such d application contain information vital -to the effective administration and. enforcement of the-licensing and/or permit scheme established in this section which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of=harm, N undue embarrassment, unwarranted intrusion or privacy or inconvenience. Such m information includes, 'but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's Q license and/or Social Security Number, and/or personal financial data. o co The City Council, in adopting the application and licensing and/or permit system set forth in this section, has determined in accordance with California Government Code o Section 6255 that the public interest in disclosure of the information set forth in this to section is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. co The community development director shall cause to be obliterated from any copy of a y completed license application made available to anyone, including any member of the public, the information set forth in this section. C U Section 5.88.070 Investigation of a manager or performer license c �o A. The.completeness .of an.application for an adult business manager or performer license shall be determined by the community development director within five (5) city o` business days of the date of receipt of proof of payment and processing of the Live N Scan Service required in Section 5.88.060(C). If the community development-director determines that the application is incomplete; including a lack of.proof of payment and E processing of the required Live Scan-Service, the community development director shall immediately notify :in- writing the applicant of such fact and the :reasons therefore, a including any additional information necessary to render the application complete. Such writing shall be. deposited in the U.S. mail, postage prepaid, immediately ,upon determination that, the application is incomplete. The applicant shall have ten (10) calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) city business days following the receipt of a supplemental or amended application, the -community development- director shall again determine whether the application is complete. Page 35 of 43 Evaluation and notification shall 'occur as provided in this subsection until such time as the application is found: to be-complete. Once the application is found to be complete, the applicant shall be notified withinfive (5) City business days of that fact. If an applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that a new,application must be filed with the community development director as set forth in this ch'apter.. B. Within ten (10) city business days :from the date the application is determined to be complete;.the commuriity.d:evelopment director shall approve or deny the application in accordance with this chapter, and so notify the applicant as follows: o 1. The community development director shall `write or stamp "Approved" or "Denied" on:the application and date and sign such notation. 2. If the application is denied, the community development director shall attach to the application a statement of the reasons for the denial:. S m 3. If the:'application is granted, the community development director shall = attach.to the application an adult manager or adult performer.-license. a 4. The documents specified in subsections .13(1), (2) and (3) of this section M shall be deposited in :the United: States mail, first .class postage prepaid, .addressed to the applicant at the address specified in'the application. All notices given under this CR subsection shall be deemed given upon the date they are deposited'in the United States. L mail. C. Notwithstanding -any-:provisions in this section regarding_. the occurrence of any in action within a specified period. of time, the applicant; may request additional time 2 beyond that provided for in this section or may request a continuance. regarding any a decision or consideration by the city of the pending application.. Extensions of time c sought by applicants shall not-be. considered-delay on.the part of,the city or constitute. d� failure by the city to provide for prompt decisions on applications. _ c D. If the community development director-is unable to act onAhe application within o the required time period following a determination of completeness, he or she shall N notify the applicant in writing, .and issue a provisional license, which. shall expire following. approval or denial of the application and final. disposition of any appeal proceedings as provided in this chapter. The provisions of this chapter shall fully apply to a provisional license. a Section 5.88.080 Approval or denial of a manager or performer license A. The community development director shall approve the issuance of a regular ' license to an applicant, unless it is determined by a preponderance of the evidence that any one of the following findings:is true: 1. The license applicant is under eighteen (18) years of-age; Page 36 of 43 - -,Packet Pg;:81� 2-. An applicant has failed to provide information reasonably necessary for issuance of the license or gave false, fraudulent or untruthful information on the application form; 3. The applicant :has been convicted of a specified criminal activity, as defined in this chapter, either within the state or in another jurisdiction; 4. The applicant has, -within the past five years, been convicted in- an administrative enforcement action or court action of violating an adult-oriented business ordinance; 5. The applicant has had an adult business manager or performer license; or comparable:license, of any type revoked within:the past five-(5) years or one suspended within the past three (3) years, immediately preceding :the date of application; the fact W that the applicant has appealed such action shall have no effect on the disqualification d of the application; or H m 6. The license fee required by this chapter has not been paid. .c a Section &M-090 Transfer of a manager or entertainer's license: o M It is a violation of this. chapter for a licensee to transfer ownership or control of a manager or performer license to another. o Section 5.88.100 Terms of license Co A. A license issued under this chapter shall be issued for a period of one (1) year and is required to be renewed annually. cc B. A license issued under this chapter shall..expire-on the last day of the calendar month during which the licenses were issued or renewed during-the previous year.- di U c C. The license, if granted, shall state on its .face the;name of the person to whom it c is granted, the expiration date,.the address of the adult-oriented business and whether o the license is a manager or performer license. N c D. Within-30 calendar days of any change in the information originally submitted with the license application, all. licensees shall provide the community development director with a written statement supplementing or amending the information required by this division. Failure to submit such changes shall be grounds for suspension of the a license-. Section 5.88.11.0 Re-Application A permittee or applicant cannot re-apply for an.adult business manager or performer license within one (1) year from the date of prior denial.. Section 5.886120 Renewals_ Page 37 9f.43 �'PackefP,g. 82' A. A license may only be renewed by the licensee's filing with the- community development department a written request for renewal on a form provided by the city, accompanied by a nonrefundable application licensing fee set forth in the schedule of fees established from,time to time 'by the city council, and a copy of the license to be renewed.. B: The request for renewal shall be made at least thirty (30) calendar days before the expiration date :of the regular license. When a renewal request. is made,less than thirty (30).calendar days before the expiration-date, the expiration shall not be stayed. C. The community development--director shall act upon applications for license c renewal,as provided for in applications for licenses. D. A licensee subject to denial of a renewal,application shall.have the right to appeal the suspension or revocation under the procedures provided in this chapter. N d Section 5.88.130 Suspension or Revocation A. On determining that grounds.-for license suspension or revocation exist, the m community development director shall furnish written notice of the proposed suspension a or revocation'to the license holder. Such notice,shall set forth the time and place of a •• hearing and the ground or grounds, upon which the hearing is based, the pertinent code M sections, and a brief':statement of the'factual matters in: support thereof: The notice shall be mailed, postage prepaid, addressed. to the last known-address of the- licenseco holder, or shall be delivered to the license holder personally, at least ten (10) days prior to the hearing date. Hearings pursuant to this section shall be conducted by the community development director or'his/her designee, which may include a third party CR hearing officer. Hearings .pursuant to this section 'shall be conducted in accordance with I; procedures established by the community development .director, at a minimum, shall include the following: C 5, All parties in shall have the right to offer testimonial, documentary, and, d� tangible evidence bearing upon the issues and may represented by counsel. C 6. The community development director or his/her designee shall not be bound by •° the formal rules of evidence. 0 - N 41 7. Any hearing under this .section may be. continued for a reasonable time for-the convenience of a party or a witness at the request-of -the license holder. Extensions, of time or continuances sought -by a- license holder: shall not be considered a delay on the part of the City or constitute failure by the City to a provide for prompt decisions on license suspensions or revocations. B. The decision of--the community development director or his/her designee may be appealed in accordance with this chapter. Page 38 of 43 .``Packet�,Pg Section 5.88.140 Causes for Suspension, Revocation or Conditions A. A license may be suspended, revoked, or conditions imposed on a license based on the following causes arising from the acts or omissions-of the license holder: 1. . Licensee performed adult live entertainment in a location not approved for such activity; 2. The license is being used to conduct an activity different from that for which is was approved; 3. Licensee violated any requirement of the Zoning Code related to the regulation of adult businesses; 2 aM 4. Licensee refused city or other governmental agency access to the premises and records; N as 5. Licensee allowed a person under the age of eighteen (18) years in.-or on y the premises; m 6. Licensee demonstrated an inability to manage the business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers; .. 0 7. Licensee violated any of: the "standards of conduct and operation" contained in chapter 18.70 of the municipal code; CO OR 8. The licensee's license has been suspended-more than once; 9. The licensee managed or performed during a period of time when the license was suspended; CR 10. Licensee transferred, or attempted to transfer, a license issued under this d chapter to another person or entity; 11; The license holder.has failed to obtain or maintain all required city; county d� and/or state licenses; _ 12. The license holder has made .any false, misleading, or fraudulent `a statement of material fact in the application for an adult business license; O CV 13. The licensee, or in the case of a manager, an individual employed by, or d performing in, the adult business (whether classified as an employee or independent = contractor) ha's been convicted of sex-related offenses that occurred in or on the licensed premises and was employed by, or performing in, the adult business at the a time the offenses were committed; 14. That the adult business that the license holder is employed in and for which the license was granted has ceased to exist or has been suspended for six (6) months or more; or 15. The licensee has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of Page 39 of 43 Packet'.Pg.84 the adult business; or a licensee has been convicted of violating. any of the following state laws:on the premises of the adult business: a. Any act of unlawful ' sexual intercourse, :sodomy, oral- copulation, or masturbation; b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or-masturbation openly occur; i C. Any conduct constituting. a criminal offense which requires registration N under Section 290 of the California Penal Code; o �o d. The occurrence of acts of lewdness; assignation, or prostitution, including d any conduct constituting violations of Sections 315, 316, 318 or subdivision (b) of W Section 647b of the::California Penal Code; e. Any act constituting a violation of provisions in the California Penal Code m relating to obscene ratter or distribution of.harmful matter to minors, including, but not = limited to Section's 811 through 313.4; a f. Any act constituting a- felony involving -the sale, use, possession, or possession for sale of any controlled substance specified in Sections '1:1054, 11055, 11056, 1105:7., or 11058 of the California Health &.Safety Code; or co- LO g. An act or omission in violation of any of the requirements of this chapter if c such act or .omission is with the knowledge, authorization, or approval of the license holder or is as a result of the license holder's (in the case of a manager)- negligent CR supervision of the employees or independent contractors of the adult business. This includes the allowance of activities that:are or become a public nuisance which includes a the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb .the peace, obstruct traffic, damage property, engage in d� criminal conduct; violate the law and otherwise impair the free enjoyment of life and property. c Section 5.88.150 Decision following a Suspension or Revocation Hearing o N A. After holding the hearing in accordance with the provisions of this chapter, if the d community development director or his or herAesignee finds and.determines that there E are grounds for suspension, revocation or the addition of conditions, the community development director shall impose ohb:bf the following: a 1. Suspension of the license for a specified period not to exceed six (6) months; or 2. Revocation of the license;-or 3. The addition of reasonable conditions necessary to permit the adult business to continue to operate in a manner that _would eliminate the grounds. for'suspension or revocation that have been found to exist. Page 40 of 43 • Packet'�Pg.8�5 B. The community development director shall render a written,decision that shall be hand delivered or overnight mailed to the license holder within five (5) business days of the public hearing. C. In the..event a license is revoked pursuant,.to this section, another adult business license to operate an adult business shall not be granted to the'licensee or an entity related to the licensee within twelve (1:2) months after the date of such revocation. D. A licensee subject to suspension or revocation shall-have the right to appeal the suspension or revocation under the procedures provided in this chapter. E. A licensee that has had a license revoked shall be subject to the same license - criteria required of any applicant applying for a:new license. tM d Section 5.88.160 Appeals y H d A. After approval, denial, suspension or revocation of a license, any affected person N may- appeal the decision by filing a written petition with the city clerk requesting a m hearing on the denial, suspension, or revocation of the license within fifteen (15) calendar days of the date of the community development director's decision. The city a council shall-serve as the appeals board. The appeal shall be scheduled within twenty o (20).calendar days of the date the petition is received in the office of the city clerk. The a, city clerk shall give written notice to-the applicant of the-tirne and place-for-the hearing on the applicant's appeal at least ten (10) calendar days prior to the scheduled date of OR hearing. s B. During the appeal of a: license denial, suspension, or revocation, the applicant co be permitted to operate with a provisional license until .the.final disposition of-the y appeal proceedings before the City Council. The provisions of this chapter shall fully w apply to a provisional license. C v C. Consideration of an appeal of the decision shall be at a public hearing and which hearing shall occur within thirty (30) days of the filing or initiation of the appeal. c D. The city council's action,on the appeal of the decision shall be by a majority vote ° 0 of the members present and upon ,the conclusion of the de novo public hearing, the city N council shall .grant :or deny the appeal: The city council's decision shall be final and conclusive and shall be rendered to the licensee in writing by registered or certified mail within ten-(10) city business days of the hearing. E. In reaching its decision, the city council shall not be bound.-by the formal rules of a -evidence. F: Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding-any decision or consideration by the city of the pending appeal. Extensions of time sought Page-41 of 43 3.Cb by applicants shall not be considered delay on.the part of the city or constitute failure by the city to:provide for prprhpt:dbcisions on applications. G. . Failure of the city clerk to render a decision to: .grant or deny an :appeal of a license denial within the time frames established by this section. shall be deemed -to constitute a:denial of the license. K The time for a court challenge to .a .decision of the city council is governed by California Code of Civil Procedure § 1094.8. L Notice of the city council's decision and its -findings shall include citation to 2 California Code of Civil Procedure § 109.4:8. a� J.• Any applicant or license holder whose license has been denied pursuant to this Section shall .be .afforded prompt judicial review of that decision as: provided by California Code of Civil Procedure § 1094.8. Section 5.88.170 Violations m Any adult-oriented business -.established, operated, or maintained contrary to :the Q provisions of this chapter is unlawful and a public nuisance, and the City Attorney may M commence an action or actions, proceeding or proceedings for the.abatement, removal, and enjoinment thereof-in the manner provided by law, and shall .take such other steps CR and shall apply to such court or courts as may have jurisdiction to grant such relief as = will abate or remove such adult-oriented business and restrain and enjoin any person a CR from establishing, operating,,: or maintaining an adult-oriented business contrary to the provisions of this chapter or such other laws." c. SECTIONS. The City Council declares that it would have adopted this ordinance and each section, subsection-, sentence, clause, phrase,. or portiori of it. irrespective of the fact .that any one_•or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this c ordinance-is declared invalid, or unconstitutional,,then all other provisions shall remain valid and enforceable. o N SECTION 7. This ordinance shall take effect thirty days from the date of adoption. Cc E SECTION 8. First read at a regular meeting'of the City Council held on the 23rd of July, a 2013, and finally adopted and ordered posted.at a regular meeting-of said' City Council on the 13th of.August, 2013: Page-42 of 43 Packet=Pg;87c _3� ATTEST: City Clerk' Mayor I, Tracey R. Martinez, City Clerk of the City of Grand Terrace, do'hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council.of the: City of Grand Terrace held on the of , 2013, by the following vote: , AYES: CD - N NOES: c ABSENT: m' ABSTAIN: a • o M co City Clerk a Approved.as to form: CR d c. City Attorney. d c - co 'a O N • C E eo Q Page 43 of 43 :Packet P,g 88,.,. CITY OF GRAND TERRACE NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Community Development County of San Bernardino City of Grand Terrace 385 N-. Arrowhead Avenue, 2"d Floor 22795 Barton Road San Bernardino, CA 92415-0130 Grand Terrace, CA 9231:3 Project Title:. Zoning Amendment 13-01: Proposed Amendment to the Grand Terrace y Municipal Code by repealing-and replacing in its entirety Chapter 18.70 Adult Business o Regulations, and adding Chapter 5.84 Adult Business Regulatory License and Chapter 5.88 Adult Business Manager and Performer License. Project Location — Specific: City-wide d c Description of Proiect: Amendment to Title 18 Zoning Code and Title 5 Business m Taxes, License and Regulations relating to Adult Businesses. = Name of Public Agency Approving Proiect: City Council of the City of Grand Terrace a M Name of Person or Agency Carrying out Proiect: City of Grand Terrace Community ~} Development Department c _ a Exempt Status: - 15061(c)(2) and 16061(b)(3) — An activity is not subject to the x California Environmental Quality Act :(CEQA) if the activity will not result in a direct or w reasonably foreseeable indirect physical change in the environment; and where it can c be seen with certainty that there is no possibility-that the activity-in question may have a 2 significant effect on the environment. z° M Lead Agency or Contact Person: Area.Code/Telephone .(909)430-2225 - a Sandra Molina Date Deputy Director Community Development :Packet�Pg:�89 AGENDA REPORT T MEETING DATE: August 13, 2013 Council Item TITLE: Release and -Settlement Agreement With, County of San Bernardino for Property Tax.Administration Fee PRESENTED BY: Betsy Adams, City Manager RECOMMENDATION:. Approve)the Release and Settlement Agreement with-the c County of San Bernardino for-Property Tax Administration Fee,and authorize:City Manager.to execute the document. BACKGROUND: On November 19, 2012, the -California Supreme Court held'-i*n City of Alhambra V. County of Los Angeles that the bounty improperly withheld'as property tax assessmert fees (I?TAF).levied o' each city,a large sum.of money that should have been paid ito:the cities. According to the court, :the .county mistakenly believed that funds diverted into the Educational' Revenue Augmentation -Fund (ERAF)' collected from property taxes were exempt from tho-PTAF calculation. Asa result of this mistaken belief,:the county withheld an i'rnproperly high mount of PTAF, a portion: which should have been distributed to- cities. While .this court decision- involved. the County of Los Angeles,." counties throughout the state handled'PTAF in the same manner. DISCUSSION: A"s.a result of the City of Alhambra v. County of Los Angeles decision, the City filed a claim with :the County of San'Bernardino;(:County) on December 7,,20,12 in the amount Of$123;026.46 for PTAF from December 200.6 through December 2011. ;(sixyears),�Plas interest. Itis important to,note that unlike some cities in San,Bernardino:County, .Grand Terrace had not previously entered into a tolling agreement with the.County onPTAF. r .. In response to the :City's PTAF claim, the County proposed a -settlement offer of $48;387.39 which'is three ,years with no 'interest. This offer is the same, as has been made to other cities which do ndt have a. pf or tolling agreement in place, and: is substantially better than whaf`other counties have offered to their cities.. The City Attorney has reviewed'Ahe settlement offer and the Release and Settlement Agreement prepared by the County and found both to be fair to the City, FISCAL IMPACT: The Fiscal Year 201 A4-budget does not include revenue from.the settlement of the City's PTAF claim with the -County. The $48,387,39 settlement-.payment to the City -would increase the projected ending fund balance of the-General Fund_(GF) as shown on the following page: Packet Pg.so Description $ Projected GF Fund Balance on June 30, 2014 (adopted budget) 330,839 PTAF Settlement with County of San Bernardino 48,387 Revised Projected GF Fund Balance on June 30, 2014 F379,226] ATTACHMENTS: • 2A7779805 - City of Grand Terrace • Exhibit A- City of Grand Terrace APPROVALS: Betsy Adams Completed 07/29/201.3 5:10 PM Finance Completed 08/05/2013 8:01 AM City Attorney Completed 08/05/2013 2:43 PM City Manager Completed 08/06/2013 9:24 AM City Council Pending :FacketPg.`91 D. PROPERTY TAX ADMINISTRATION FEE RELEASE AND SETTL EM ENTAGREEMENT This Release and Settlement Agreement ("Agreement") is made by:and between the County of San Bernardino (,"County") and the City of Grand Ter.rc'ice ("City"), (individually"Party"or collectively the "Parties"). E This Agreement shall be effective at the time that the last party to this Agreement executes same and provides proof of that signing to the Parties to.this Agreement (the "Effective Date"). U. I. RECITALS A. A dispute arose between the County andthe City regarding:the amount of co property tax:administration fees.("PTAF") charged:to City by the County and County 6ffibbr.s,.beginning in fiscal year 200&07, pursuant-to various provisions of the Revenue and Taxation Code,. The City-contended.that the-County charged more,for PTAF than the 2. 46 statutory mandate allows, whereas the County:contended that it charged PTAF within its statutory authority (the "PTAF Dispute"),. co B. This same dispute exists on 8 statewide level between other California ti counties and many cities located.within those counties' territory as well as, -between the C E County and:other cities located:in this County.- C. On November 19, 2012-, the California Supreme Court.issued-a decision in City of Alhambra v. County of Los Angeles (2012) 55 CalAth 707 resolving.the PTAF Dispute. In the decision, the:court held that the method used by counties to calculate PTAF is improper. As a result, the County has implemented the City of Alhambra-decision PTAF RELEASE AND SETTLEMENT AGREEMENT".Page 1 of 7 for the current (2012=13) and,futurefiscal years, for the calculation of'PTAF: D. In accordance with the Supreme Court decision, the City of Alhambra case is currently on remand (Los Angeles Superior Court Case No. S185457) to the trial.court. The County expects that during the remand proceedings, the Superior Court will resolve the following,issues: (i) the extent of the retroactive application of the City of Alhambra decision; (ii)the applicable Statute of Limitations; (iii).the interest rate; if any; due on any " E d refunds, and';,(iv).whether refunds for past-years are subject-to various.claims-filing Q requirements ('`PTAF Issues"). The Parties acknowledge that resolution of these E d remaining PTAF Issues through the court system could-take many years. Any and all y LL liability and damages resulting from these remaining PTAF Issues, and any and all a amounts owed by the County to the City pursuant to the City of Alhambra.decision for co fiscal years 2006-07 through.20.11-12, are referred to herein as"'County PTAF Liability". E. The Parties desire .to avoid the additional expense,. delay and uncertainty c that would result from the continuing litigation over the PTAF Issues and have agreed to E 0 settle amicably said dispute and any underlying claims and litigation between them including the County PTAF Liability, rather than engage:in.protracted and costly litigation. c CO II. SETTLEMENT TERMS . N A. SETTLEMENT PAYMENT, The County, in consideration of the - d E performance of this Agreement by City, shall pay to City and City.-accepts the total sum of w $48;387.39 (the "Settlement-Amount") in-full satisfaction-of the County PTAF Liability.and full-resolution of the.PTAF Dispute, as set forth in Exhibit"A". The-Settlement Amount shall be paid by County to City within thirty, (30) calendar days after the Effective Date, except that if City has .filed a lawsuit against the County then payment will be made within PTAF RELEASE AND SETTLEMENT AGREEMENT—Page 2 of 1 _ _ thirty (30) calendar-days after the Dismissal Date, as defined.in subparagraph B., below. The payment shall be made by warrant or electronic funds transfer, in accordance with existing payment protocols between County and City. If the City wants to change existing payment protocols with the County then the City shall.timely provide to County such information as may be necessary for the remittance of this payment, no later than ten (10) w calendar days after the Effective:Date. E. B. DISMISSAL OF CLAIM AND LAWSUIT, IF ANY. (i).On the Effective Date of a this Agreement, if City has filed any claim with,the County pertaining to the PTAF Dispute E or the County PTAF Liability, such claim shall be deemed settled and:releas:ed in N U. accordance with this Agreement. (ii) Within fifteen (15) calendar days of the Effective a Date of this Agreement, if City has filed-any lawsuit pertaining to the PTAF Dispute or the M County PTAF Liability, City shall take all necessary steps to-dismiss the lawsuit with ( t prejudice, and-shall provide to County:a-file-stamped copyof such dismissal: The date-of the County's receipt of the City's proof of dismissal shall be the "Dismissal Date". L w 0 C. MUTUAL RELEASES. Each-and:every Party to this.Agreemerit,-on behalf of Z� that Party, and=its representatives, trustees, predecessors, successors, assigns, affiliates, o co ti subrogers., subrogees, assignees, assignors, subsidiaries, agents, employees, servants, ti officers, elected official, directors and:attorneys ("Releasors") release every other Party to d E. this Agreement and every other Parties' representatives, trustees, predecessors, successors, assigns, affiliates,.subrogors, subrogees, assignees., assignors, subsidiaries, a agents, employees,,servants, officers, elected officials, directors and attorneys ("Releasees")from any-and all disputes, damages, actions, causes of action, suits,:rights, demands, controversies, entitlement to.equitable rellef, liabilities, fees, costs, interest and PTAF RELEASE AND SETTLEMENT AGREEMENT—Page 3 of 7 =:Packet:1Pg94,, _:34Da any other claims, ofany nature whatsoever, known or unknown, suspected or- unsuspected, whether in tort or in contract or statutory or under any other theory, arising out of., in connection with or relating in anyway-to..the PTAF Dispute.and/or the County PTAF Liability. D. RELEASE OF.UNKNOWN CLAIMS/WAIVER OF-CIVIL CODE SECTION 1542. Each Party to this Agreement expressly, voluntarily and knowingly-waives and E d relinquishes all.rights arising out of, in connection with or relating in any way to the PTAF a Dispute or the County PTAF Liability to which it or its Releasors would be entitled now or E at any time hereafter under section 1542 of the Civil Code,,as against the other Parties to w this Agreement and their.Releasees, and does so-understanding and acknowledging the a significance of-such:specific waiver. Section 1542 of the Civil Code provides. T v "A GENERAL RELEAS'DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW-OR SUSPECT TO.EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY.HIM OR HER-MUST HAVE MATERIALLY AFFECTED HIS OR HER c SETTLEMENT WITH THE DEBTOR." w 0 lu . us 0 Initials Initials c N C E. ATTORNEYS' FEES AND COSTS. The Parties to this Agreement will each E bear their own attorneys' fees and other costs and expenses arising in any Way from the a PTAF Dispute and/or the County PTAF Liability. To the extent that any Party seeks to enforce this Agreement and a court finds that the position taken by the opposing Party was "without substantial justification;" then attorneys' fees for enforcement of the Agreement shall be.allowable. 1 - PTAF RELEASE AND SETTLEMENT AGREEMENT—Page 4 of 7 . -Packet�l?g95 F. COMPROMISE. This Agreement is the result of a compromise and settlement of disputed claims, and nothing'set forth-in it shall be deemed or construed as an admission of any liability by any of the Parties.to any of the.other. Parties or the Releasees. G. MUTUAL DRAFTING. The Parties, having mutually drafted this Agreement, agree that no Party to the Agreement-will be deemed to have been the primary author of d a� this.Agreement or any portion of it. The Parties therefore agree that section 1654 of the a ' c Civil Code, and other legal principles or laws that call for the construction of ambiguous or d uncertain terms against the drafting party shall riot apply or be invoked for any purpose y LL whatsoever. a H. NO ASSIGNMENT. The Parties have not assigned any of the claims, M v demands, or.causes of action.that are'released and discharged under this Agreement.. I. COUNTERPARTS. This Agreement maybe executed in several � c counterparts and by fax copies and, as so executed, will constitute one agreement, binding 2 w 0 on the'Parties to this Agreement, notwithstanding that such Parties are not signatories to the original or the same counterparts. o co C) J.. WARRANTIES OF COMPREHENSION, CONSENT AND AUTHORITY. � Q N Each person executing this Agreement warrants that he-of she comprehends the terms of d E this Agreement, and further warrants that he or she is executing this Agreement freely on the advice of the undersigned counsel and.that, if signing-on behalf of an entity, he or she Q has the right and authority to execute the Agreement on that entity's behalf. K. INTEGRATED AGREEMENT. This Agreement is the final expression of the Parties' agreement with respect to the settlement of the PTAF Dispute and the County PTAF RELEASE AND SETTLEMENT AGREEMENT—Page 5 of 7 Packet;P,g.9.6 PTAF Liability and supersedes all prior written or oral communications between the Parties. The Parties cannot amend, alter, modify, or otherwise change this Agreement,- except by a writing executed by.all Parties hereto and expressly stating that it is an amendment to this.Agreement. The-Parties will make no claim, and waive any right they now have-or-may have, based upon any alleged oral alteration, oral amendment, or oral modification, except as set forth expressly in a written,amendment executed as provided in d this paragraph. a L. SEVEkA81LITY'r If any provision of the Agreement is held invalid;, the E E remainder of the Agreement shall nevertheless remain in full force and effect in all other y LL circumstances, so long as the essential purpose of the Agreement can still be achieved by a both sides to the settlement embodied in this Agreement. M M. BREACH. The Parties agree that this Agreement shall be deemed breached and:a cause of action accrued thereon immediately upon the commencement by any Party of any action or proceeding contrary to the terms of this Agreement. In any such action or w 0 proceeding this Agreement may be pleaded as a defense, or may be asserted by way of _ v counter-claim or cross-complaint. c co a) N. MISTAKE. The Parties fully understand and declare that if the facts-under which this Agreement is executed are found hereafter to:be different from the facts now d E believed by them to be true they assume the risk of such possible differences in facts-and cc hereby agree.that this Agreement shall be, .and will remain, effective, notwithstanding.such differences in facts., O. INCORPORATION OF RECITALS, The Recitals to:this Agreement, stated above, are hereby incorporated herein and made a part-hereof. .. .... . .--- PTAF RELEASE AND SETTLEMENT AGREEMENT—Page 6 of 7 ' :{Packet�Pg.r�97',-- IN WITNESS WHEREOF, the undersigned have executed.this Agreement on the dates shown below.. DATED: CITY OF GRAND.TERRACE APPROVED AS TO FORM: By: 1 d (signature): City Attorney Betsy M. Adams a d E d Its: City Manager co a a DATED: COUNTY OF SAN BERNARDINO r d V By: Gregory C. Devereaux Chief Executive Officer APPROVED AS TO FORM 46 JEAN RENE BASLE COUNTY COUNSEL 0 o 0 • ti By: N Kevin L. Norris Deputy County Counsel, s cc Doc.#2A777985 Q PTAF RELEASE AND SETTLEMENT AGREEMENT_Page 7 of 7 -:Packet:Pg;;98 ro r m m z a rT i 0 '1 Attachment:2A7779805-City of Grand 'race (1311 :.PTAF Settlement Agreeme ` _I Property Tax Administrative Fee for Fiscal Years 2009-10 throdgh 2011-12 Entity: CITY OF GRAND TERRACE Tolling Agreement: No d Settlement Amount: d d L Q .4 Fiscal Year 2009-10 $16,999.36 E d Fiscal Year 2010-11 $15,246.81 Fiscal Year 2011-12 $16,141.22 Q Total $48,387.39 a M v d v t0 L L d a C9 0 Q ie s x W c d 5 Q EXHIBIT "A" PTAF RELEASE & SETTLEMENT AGREEMENT #2A82877 Packet Pg. 1 U0 HISTOR.ICALAND.CULTUR:ALACTIVITf.8 COMMITTEE Mlrnutes,for June-e 3,.201:3 The meeting.was called to odder at C 05. PM.by'Chair"person Pauline Grant. Those-also Present,were,Ann.Petta, Masako Gifford, Frances:Carter Martha Mo iteon,:.and the a City's Secretary, Mari Montes. , d SECRETARY'S-REPORT. The minutes.of May 6, 2013 were read and a roved on a - w pp motion by rFranees and:seconded_:by Ann. Motion Carried.:with all members:in favor. o The minutes-of May 30 were read and approved on a motion by Frances and seconded by Masako:. { M i r N TREASURER'S REPORT .End of the year re.,port. The budget shows a total balance.of M $337.39 and petty'cash balance of,:$142:20 carried forward tornext year. Inventory of supplies presented,to each.members. Art Show expenditures submitted'for reimbursement were as folloi►vs: o i Shelly-'$30:41 _ photos., z- HISTORICAL:REPORT; We will continue planning tf a rfiext:City's Annual Celebration. z. Itwas agreed,tffthe organiiation.to tie recogriyi ed this 'ear will bethe Foundation of ye Grand Terrace: Frances-will'dontact Darcy McNaboe, member of the Foundation,:to: discuss the.possitiility of co hosting their 14th Annual Celebration and the:Ciity's5tti. o , \ Anniver"nary Celebration at the same time. N t OLD 80SINESS: Guidelines for the Art Show Will be postponed until the next'meeting. a x, i, NEW BUSINESS:. Applications I&-the vacant position on the Historical and:Cultural 2 { Activities Committee`were submitted. Af#or.meeting with bo#h applicants.on May 2g:and w MAY SO, 201,3,respectively, our finding as that,lioth members are well qualified; and our 4, recomrnendatiOn is for Martina Boenfiaran be a ointed as the main member, and PP; c Susan Robles as the alternate member. `The new Members will attend the July.meeting. If The-meeting was.adjourned at,&oO.PM N There will be no meeting in August.. c 3• Respectfully submitted, E. Pauline-Gr' ht' For the Secretary ^'�Packet'Pg:,1,01 " ENDA REPORT MEETING DATE: August 13, 2013 Council Item TITLE: Postpone Planning Commission Interviews and Appointment PRESENTED BY: Tracey Martinez, City Clerk RECOMMENDATION:, Postpone the Interview and AppoinImbilt Process to.fill the unexpired term on the Planning Commission until which time an application or applications are received in the City Clerk's Office. BACKGROUND: At the. City Council Meeting of July 9, 2013., :the Council accepted the resignation of Doug Wilson effective July 1.0; 2013. Counc'ilAirected Staff to..posta Notice of Vacancy, pursuant to Government Code 5.4974, and to'-begin accepting applications from residents who may wish to serve on the Commission. Staff also_sent-a-press r..elease:to the Blue Mountain Outlook; Grand Terrace City News,. The Sun,-the Press Enterprise and the Highgrove Happenings inviting those, Grand Terrace residents. that may be interested lin serving, to apply in the :City Clerk's Office. The deadline to receive all applications was August 5, 2013 at 5:30 p.m. DISCUSSION: To date; no applications have been received. It is staffs recommendation to postpone this item until which time an application or applications are received in the City Clerk's Office. Staff feels that the eurrent Commission:will still be able to conduct the-business that is required of them until which time the vacancy can be filed. FISCAL IMPACT: There is no fiscal impact for this, item. -APPROVALS: Tracey-Martinez Completed 08/07/2013 11:33 AM Finance Completed 08/01/2013 4:54 PM City Attorney 'Completed 0.8/07/2013 565 PM City Manager Completed 08=12013 10:38 AM- City:Council Pending �-Packet Pg:-102 t„t1 AGENDA ` �•"� R_,E_P, 0'RT, MEETING-DATE: August 13; 2013 Council Item TITLE- Approval of Check.-Register No. 08-13-201.3 PRESENTED BY: Cynthia Fortune., Finance Manager RECOMMENDATION: Approve Attached Check Register for-August 13,,2013.;-as submitted,,:which-includes-the.Check Register.Account Index , and Voucher Listings,for Fiscal Year 20,12 43 and Fiscal. Year.2013-14. BACKGROUND: The Check Register for August 13, 2013 is presented in accordance with Government Code §37202 and is hereby submitted for the City,Council's approval. The attached index to the Check -Register jis. a. guideline' account list only and is not intended to replace the comprehensive chart.-of accounts used: by the City and '.CRA Successor Agency. Expenditure: account number- formats are �XX4XXX=,)" ,Fund- Depart'ment-Account]. Expenditures may be made from trustiagercy accounts (fund 23-XXX-.) or ternporary clearing.accounts which-do not shave a budgetary. impact.' A total of $480,06.1:.92 in accounts :payable checks was-:issued during. the period fo.r services, reimbursements, supplies "and contracts and are detailed- in the attached check register. Listed are the attached check registers: Title _ D,eo cin -tion Amount . 'FY2012-13 Check .Register tnvgices:pai'd as of.August 1'3, 2'013 ' $"1.04,233.75 003 for.the,prior fiscal Year,: FY20.12-1r3 FY2013-14 Check Register 'Invoices paid as of August 13, 201::3 ' $384,828.17 for the current,fiscal year F"Y201$-1.4:); New vendors-. ` Check', payee. Description Amount No. No New Vendors - CFieck' ; payee Desc�ip#ion Amount No. Public Emp. ';PE'RS Contributions+for;pay-p-nod $1.2,730.39V 69503 ;.Retirement S.,s fen > °Ma. 24; 2013 ,.. Packet.Pq:1Q3 i Check Payee Description Amount No., Public`Emp, `PERS Contributions for`pay>.penod 69504 $1=3,504:38 Retirement,S,ys end.ing'Jun'e 7:, 2013 May.&Junet. :Legal,'Retainer'.arid'Services 69530 Jones &.Mayer for-City, Code,'Enf, &,Successor Agency $14,940.86. S.B. County to ° - 69532 4 Quarter Services for,FY 2012=13 $17,181.99 Sheriff -69537 Tramutola, LLC Election AdvisoryServicps $15.,000.00 69508 CA Pu.f?Iic;Emp PERS Health Insurance for August $12,616.61 Ret System 69545 City of San Animal Control Services for July $10,135.75 Bernardiri{o Public"Emp. -PERS Contributions forpay period Retirement;Sys ending July_5, 2013 and July 1% 2013 $29,100.69 S:B.Gounty Dept 'FY 2013-14 Flood,ControMistrict 69568 Public;Works Agreement 11=545 $29,772.00 S.B. County Law'Enforcement Services for July and 69569 $255,297.00 Sheriff August ,1Nilldan Financial 69675 July Finance Department Services $22,330.00 Services Pa roll costs for the period-ending July 19, 2013 and Au -us 2, 2013 Pay Period Ending Period. Amount Y 1-6 07%10/201.3 Biweekly $51,658'.75 18 08/2/2013 ' Biweekly $51;081.37 FISCAL IMPACT: All ,disbursements are made in accordance with the Adopted Budget for Fiscal Year 2012.13. ATTACHMENTS: • Check Register Account Index • FY 2012-13 Check Register 003 • FY 2.013-14 Check Register APPROVALS: - i Finance Completed 08/01/2013 5:15 PM Cynthia Fortune Completed '08/07/2013 5:16 PM City Attorney Completed 08/07/2013 5:57 PM City Manager Completed 08108%201.3 10:37 AM City Council Pending City of'Grand.Terrace Check Register Index FD:No. Furid:Name :Dept;No. Department Name/Cost•Ceriter Acct No. Genera[Account Numbers , 09 CHILD CARE:FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 139 EMPLOYEES':BENEFIT PLAN 11 'STREET FUND 125 :CITY CLERK 1.40 RETIREMENT 12' STORM DRAIN FUND 140 'FINANCE 142 HEALTH/LIFE•INSURANCE 13' PARK FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 14 AB 3229 COPS FUND 17.2 BUILDING&SAFETY 138/141 MEDICARE/SUI •15 AIR'QUALITY IMPROVEMENT.FUND' 175 PUBLIC WORKS 210- OFFICE EXPENSE 16 GAS TAX FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 17 TRAFFIC SAFETY FUND/TDA FUND 185 :RENTAL INSPECTION:PROGRAM: 220 SPECIAL DEPARTMENTAL EXP 19 FACILITIES DEVELOPMENT FUND 187 .ENFORCEMENT PROGRAM 230 ADVERTISING 20 MEASURE I FUND 190 GENERAL GOVERNMENT•(NON-DEPT) 235 COMMUNICATIONS 21 'WASTE WATER DISPOSAL FUND' 195 FACILITIES MAINTENANCE 238-239 UTILITIES 22 COMMUNITY DEV.BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 240-242 RENTS&LEASES 26. LSCPG/.LGHTG•ASSESSMEN_T DIST; 380 MGT INFORMATION SYSTEMS 245-246 MAINT BLDG GRNDS EQUIPMNT 44. BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 250-251 PROFESSIONAL SERVICES 46 STREET IMPROVEMENT PROJECTS ' ' 430 RECREATION SERVICES 255-256 CONTRACTUAL SERVICES 47 BARTON RD..BRIDGE.PROJECT 440 CHILD CARE 260 INSURANCE&SURETY BONDS 48 CAPITAL.PROJECTS.FUND 450 :PARKS MAINTENANCE 265 MEMBERSHIPS&'DUES 32 CRA-CAPITAL PROJECTS FUND 5.10 STREET&SIGNAL LIGHTING 268 TRAINING 33 CRA-DEBT SERVICE FUND 600 WEST.SIDE'PARK 270 TRAVEL/CONFERENCES/MTGS 34 CRA-LOW&MOD HOUSING 601 TRACT 14471 PICO.&•ORIOLE 272 FUEL-&VEHICLE:MAINTENANCE 602 FORREST CITY PHASE II 570: WASTEWATER TREATMENT 631 STORM DRAIN MAINTENANCE 33-300 DEBT SERVICE 801 PLANNING COMMISSION 7XX FACILITIES IMPRV(NO CIP) 802 CRIME PREVENTION UNIT 700 COMPUTER-RELATED .804 :HISTORICAL:&.CULTURAL COMM. 701 VEHICLES&.EQUIPMENT 805 SENIOR CITIZENS PROGRAM 807 PARKS&REC COMMITTEE 808' EMERGENCY OPERATIONS PROG. ,-= Attachment: Check Register-Account Index .(1318 : Check Register No.08=134013) h ' S vchlist Voucher List J Page: 1 08/07/2013 1:20:37PM CITY OF GRAND TERRACE Bank code: bofa co r - Voucher Date. _Vendor Invoice Description/Account Amount N co 69503, 7/25/2013 005702 PUBLIC EMPLOYEES'RETIREMENT PR End 5/24/2013 PERS Contributions-PR End 5/24/13 •; _ 10-022-62-00 12,730.39 0 Total: 12,730.39•Z 69504 7/25/2013 005702 PUBLIC EMPLOYEES'RETIREMENT PR End 6/7/13 PERS Contributions-PR End 6/7/13 d• 10-'022-62-00 13,504.38 v Total: 13,504.38 :69513 8/1/2013 001206: ARROWHEAD CREDIT UNION June/July June/July Visa Charges Y 10A 10-220-000-000 99.78 m 10-120-220-000-000 108.00 V 09-440-228-000-000 105.52 09-440-223-000-000 28.00 �- 10-175-218-000=000 219.20 .rM.. Total: 560.50 c„ _ o -69514 8/1/2013 010218- CHEVRON&TEXACO CARD SERVICES 38506434 June Vehicle Fuel 10-175-272-000-000 461.79 N 09-440-272-000-000 95.10 01 10-185-272-000-000 23.61 - Total: 580.50 ._e m 6951'5 6/112013 01.1206 MIDAMERICA ADMIN&RETIRE PR End 6/21/13 APPLE Contributions for PR End'6/21/13 10-022-68-00 176.42 M Total: 1.76.42 N :69516 8/1/2013 010664 SHELL FLEET MANAGEMENT 8000209687307 June Vehicle Fuel o N 10-185-272-000-000 96.91 >- 10-175-272-000-000 30.60 u: Total: 127.51 �. 69617 8/1/2013 006120 SO.CA.EDISON COMPANY June 2013 June Energy Usage E. 26-602-238-000-000 58.10 16-510-238'000-000 5,4.14.63 a 26-600-238=000-000 49.80 26-601-238-000-000 41.50 10-805-238-000-000 1;618.11 ....... ... Page: e: 11 ' IPacket,P;g:,Ivo, vchlist Voucher. List Page: 2 08/07/-2013 1:20:37PM CITY OF GRAND TERRACE Bank code: bofa ,Voucher Date, Vendor Invoice, Description/Account Amount to 0 :69517 8/1/2013 006720 SO.CA.-EDISON COMPANY (Continued) Total 7,182.14 M ,T 69618 8/1/2013 006730 SO.CA.GAS COMPANY June 2013 June CNG/NatuFal Gas Usage c 10-190-238-000-000 49.23 10-805 238-000-000 74.90 "z 09-440.238-000-000 45.82 L. 10-175-272-000-000 7.83 N 09-440-272-000-000 2.63 •rn 10-185-272=000-000 .2.63 Total: 183.04 v 69519 8/1/20,13 011138 SPARKLETTS 9637116 070193 June Bottled Water = V 10-190-238-000-000 62.01, •- 10-805-238-0006000 18.68 09-440-238-000'-000 70.01 'Y7 Total: 150.70 M 0 69520 8/13/20.13 011143 ALBERT A.WEBB ASSOCIATES 132270 PROF SVCS-GT FITNESS PARK.PROJ o I- 48-600-325-003-000 3,087.89 Total: 3;087.89 69521 8/13/2013 016070 BEARDSLEY,.KEVIN HOWARD 022-13 MAR-JUNE CAMERA OPERATOR SRVS 10-125-250-000-000. 400.00 0 Total: 400.00 •_' U 69522 8/13/2013 011017 CA.BLDG.STANDARDS COMMISSION 2nd Qtr 2012-13 2ND QTR GREEN BUILDING STANDARDS FEE M 10-700-01 -3.90 V 23-200-23-00 39.00 N 3rd Qtr 2012-13 3RD QTR GREEN BUILDING STANDARDS FEE C. 10-700-01 -5.30 23-200-23-00 53.00 c. 4th Qtr 2012-13 4th Qtr Green Buildinq Standards.Fee d E 10-700'-01 -3.90 23-200-23-00 39.00 Total: 1.17.90 Q 69523 8/13/2013 001713 CA. DEPT. OF TRANSPORTATION SL131'119 Apr-Jun 1-21.5'Ramps Energy&Maint 16-510-238-000-000 421.79 Page: 2 Pickett-61,1i07' vchlist Voucher-List Page: 3 08/07/2013 1:20:37PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date ,; Vendor Invoice, Description/Account Amount CV) c •69523 8/13/2013 001713 CA.DEPT.OF TRANSPORTATION (Continued) Total: 421.79 M 69524 8/13/2013 011029 .COBRA SIMPLE 175 FEB COBRA ADMIN FEE ao 10-190-220-000-000 50.00 Total: 50'.00 .Z• 69525 8/13/2013 011166 CORNERSTONE.RECORDS MANAGEMENT 0208725 JUNE ARCHIVE TAPE STORAGE 10A 40-250-000-000 56.65 107-380-2507000-000 56.65 Total: 11.3.30 Y 69626 8/13/2013 001950 DATA QUICK B1-2176909 JUNE SUBSCRIPTION SVCS 10-370-250-000-000 87.00 V 10-380-250-000-000 43.60 Total: 130.56 r 69527 8/13/2013 001942 DATA TICKET INC. 48186 JUNE PRKG CITATION PROC SVCS c 10-140-255-000-000 100.00- Total: 100.00 4; 69528 8/13/2013 002082 DISCOUNT SCHOOL SUPPLY D17727870002 PRESCHOOL SUPPLIES tm 09-440-228-000-000 130.40 D17727890001 PRESCHOOL SUPPLIES �. 09-440-228-000-000 138.45 .c D17727920002 PRESCHOOL SUPPLIES V cn 09-440-228-000-000 276.27 D17727950002 PRESCHOOL SUPPLIES• a 09440-228-.000-000 108.95 N P29974920001 PRESCHOOL SUPPLIES >-- 09-440=228-000-000 21.59 �LL., Total: .670.66E. m 69529 8/13/2013 003224 HYDRO-S.CAPE PRODUCTS INC. 7678007-00 PARK MAINT SUPPLIES 10-450-245-000-000 1,488.30 10-450-245-000-000 777.31 Q 7678007-01 Park Maint Supplies 10-450-245-000-000 3'15.01 Page: 3 I `i =jPacket3Pg;.1i0;8 vchlist Voucher.'List Page: 4 08/67/2013 1:20:37PM CITY OF GRAND TERRACE Bank code: 6ofa Voucher Date Vendor Invoice Description/Account Amount c .69529 8/13/2013 003224 HYDRO-SCAPE PRODUCTS (NC: (Continued) Total; 2,580.62 M c* 69530 8/13/2013 011216 JONES&MAYER 64125 May:Legal Retainer o 0 10-160-250-000-000 -4,440.67 10-190=280-000=060 425.50 Z 21-572-261-000.000 388.50 64382 June Legal Services-Code Enf N 1'0-190-280-000-000 573.50 6438:4 June Legal Retainer � 10-160-250=000-000 5,167:00 64385 June Legal Services=Successor Agency z 32-200-251-000.000 3,461.30 0, :664383 June Legal Services : 10-190-280-000-000 484.39.M. Total; 14,940.80 69531 8/13/20.13 005586 PETTY CASH 06302013 Replenish C.Care Petty Cash o o '09-440-220-000-000 58.90 i '09-440-221-000-000 34.38 ;N 09-440-223-000-000 77.07 I 09-440-228-000-000 95.16 W Total': 265.51 v 69532 8/13/2013 011280 PETTY CASH, CITY OF GRAND TERRACE 66362013 Replenish Petty Cash V co N " N LI:., C. Q. E Q ..... ....... ....... ....... ..... \ Page: 4 f:-1P�cket'F' 1C0:9i vchlist "Voucher List Page: '5 08/07/2013 1:20:37PM CITY OF GRAND TERRACE Bank code: bofa , 1 "Voucher , Date- Vendor :, Invoice. Description/Account Amount .� 69532 8/13/2013 011280 PETTY CASH,CITY OF GRAND TERRACE (Continued) CD M 10-190-209-000-000 -15.00 r; 10-110-2.10-000-000 15.10-c 10-175-218-000.-000 15.11 ," 10-190-210-000-bbb 11.96 Z_ 10-190-220-000=000 125.90 - 10-190-226-000-000 15.00 n 10-370-210=000-000 107.33 �� 10-450-246-000-000 14.00 IY 10-'804-220.-000-000 2699 'v 10-808-221-000-000 49.16"_ 10-175-272-000-000 7.97 V 10-808-246-0007000 2.79 .'" 10-110-220-000-000 66.80 �. .10-140-270-000-000 40.00 10-172-220-000-000 _ 14.00 "M Total: 497.11 c 69533 8/13/2013 010171 SIEMENS INDUSTRY INC 400105433 JUNE TRAFFIC SIGNAL&,QUIKNET MAINT N, 16-510-255-000-000 1,163.36 t 400106393 JUNE RESPONSE CALL OUTS IX 16-510-255-000-000 Ij115.76 _v Total: 2,279.12 L. 69534 8/13/20.13 006510 S.B.COUNTY INFORMATION — 15122 JUNE PAGER ACCESS M 107175-2407000-000 9.00 Total: 9X c N 69535 8/13/2013 006531 S.B.COUNTY SHERIFF 12866 FY2012-13 4TH QUARTER SERVICES - 10-410-220-000-000 14,486.15 10-410-250-000,000 2;695.84 a Total: 17,181.99 E. 69536 8/13/20.13 006778 STAPLES 6011,1000702363' Invoice#65737 Office Supolies 10-380-250-.000-000 119.38 Q Total: 119.38 Page: 5 z{,.-�Packet�Pg,�1;1;10�•j vchlist Voucher:List Page: 6 08/07/2013 1:20:37PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice.. Description/Account Amount .. o 69537 8/13/2013 011274 TRAMUTOLA,LLC. 120960 ELECTION.ADVISORY.SERVICES. 'N M 10-190-250-000-000•" 15,000.00 Total'.: 15,000.06 00. O 69538 8/13/2013 0.07034 TRANSPORTATION ENGINEERING '128.6 JUNE TRAFFIC:ENG SVCS Z, 10-175-250-000-000 800.00 `m Total: 800.00 N 69539 8/13/2013. 007843 WEST COAST ARBO.RISTS INC. 89179' Tree Trimming for Oriole Slope 1.0A 95-246-000-000 1,152.00 .x Total: 1.,152.00 =; 69540 8/15/2013 007920 WILLDAN 002-13466 JUNE:PLAN CHECK/INSPECTION SVCS V 10-172=250-000=000 1,995.00 002-13467 June Engineering Services 10-175-255-000-000 6,550.00 M Total: 8,545-.00 'C • L :69541 8/13/2013 007987' XEROX CORPORATION 0689:44845 June WC7556'Xerox Copier Lease N 10-190-700-000-000• 287.64 5 10-190-212-0M-000 287.90 0 Total.: 575.54 Y. v 31 Vouchers for bank code: bofa Bank:total.: 104,233'.75 31'Vouchers in this report Total vouchers: 104,233.75 7 ' N T 0 N ILL t� 10 ....... .... .. ....... ....... Page: 6 Pg;'11 1f i vchlist Voucher List Page: 1 08/07/2013 1:54:50PM CITY OF GRAND TERRACE Bank code: bofa Voucher : Date Vendor = Invoice Description/Account Amount Cl) 69505 8/1/2013 01119.4 AMERICAN FIDELITY ASSURANCE CO B007717 July Emp Paid Acc/Sup Life/Sup-STD N M 23-250-20-00 762.99 Go - Total: 762.99- c - - O 69506 8/1/2013 010693 ARROWHEAD UNITED WAY PR End 7/19/13 Contributions for PR End 7/19/2013 Z 10-022-65-00 17.50 Total: 17.50 N .tx 69507 8/1/2013 001213: AT&T July 2013 July Phone&Internet:Services 10-190 235-000-000 557.63 09-440-235-000-000 498.16 = 10-450-235-000.000 47.07 '0 10-805235-000,000 187.88 107808-235-000=000 106.36 Total: 1,397.10 L -69508 8/1/2013 010996 CA PUB•EMPLOYEES'RET.SYSTEM 1041 August PERS Health Insurance-Emp/Dep 101:022-61-0.0' 4,933.78 10-190-265-000=000 46449 09-440-142-000-000 2,401.75 ,g 10-120.7142-000,000 633.09 .00 10-125-142-000-000 '317.35 V. 10-140-142-000-000 358.15 10-172-142-000-000 41.9.35 10-175-142=000-000 578.02 � 10-185-142-000-000 136.01 N 10-370-142=000-000 52135 10-380=142-000-000 453.35 10-450-142-000-000 181.34 C 10-625-142-000=000 206.27 `S 16-175=142-000-000 566.69 t, - 21-175-142-000-000 3.17.35 21-625-142-000-000 88.40 Q 32-200-1427000-000 451.87 Total: 12,616.61 Page: 1' vchlist Voucher List :Page: 2 08/07/2013 1:54:50PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount M 69509 8/1/2013 01119& FIDELITY'SECURITY LIFE 5663803 July Employee Paid Vision Insurance N 10-022-61-bb 118.60 .M Total: 118.60 r ao 0 69510 8/1/2013 011092 'METLIFE-GROUP BENEFITS JLilyDental July Employee/Dep Dental Insurance C 10-022-61-00 1,219.70 .Z Total: 1,219.76 y w fJ1 69511 8/1/2013 011206. MIDAMERICA ADMIN.&RETIRE PR End.7119/13 APPLE Contributions for PR End 7/19/13 •� 10-022-68-00 198.37 w Total: 198.37 v d 69512 8/1/2013 011206 MIDAMERICA ADMIN&RETIRE PR End 7/5/13 APPLE Contributions for PR End 7/5/13 .V 10-022-68-00 161.41 Total: 161.41 T' M 69542 8/13/2013 001072 ADT SECURITY SERVICES 1st-120623897 1st Qtr Senior Center Security ` 10-805-245-000-000 160.83 G) Total: 1.60.83 24 d 69543 8/13/2013 010693 ARROWHEAD UNITED WAY PR End 7/5/13 Contributions for PR End 7/5/13 10-022-65-00 17.50 Total: 17.50 .t C� 69544 '8/13/2013 010867 CHAMPION FIRE SYSTEMS INC 29220 1ST QTR CITY HALL FIRE ALARM MONITORING d r 10-195-246-000-000 144.00 o i Total: 144.00 0 N 69545 8/13/2013 006435 CITY OF SAN BERNARDINO 2014-10000004 JULY ANIMAL CONTROL SERVICES LL 10-187-256-000-000 10,135.75 c Total: 10,135.75 E 69546 8/1.3/2013 010866 -CIVIC PLUS. 1.39098 1ST QTR WEBSITE HOSTING&MAINTENANCE �. 10-125-250-000-000 2,076.00 Total: 2,07600 a .69547 8/13/2013 011029: COBRA SIMPLE 192 JULY COBRA ADMIN FEE 10-190-220-000-000 50.00 Page: 2 .Packet;Pg:.'1i1f3; ' vchlist Voucher List Page: 3 08/07/2013 1:54:50PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount M 69547 8/13/2013 011029 COBRA SIMPLE (Continued) c 195 AUGUST COBRA ADMIN FEES N -M 10-190-220-000-000 50.00 v7 Total.: 100.00 co _ o. 69548 8/13/2013 011281 CORDONA,SYLVIA 08062013 C.Care Registration Refund-Cordona Z 09-440-23 127.00 Total: 127.00 v 'a) 69549 8/13/20,13 011061 EZ SUNNYDAY LANDSCAPE 3546 JULY C.CARE LAWN.MAINTENANCE &! 09-440-245-000-000 100.00 h, Total: 100.00 _ V 69690 8/13/2013 002710 :FOX OCCUPATIONAL MEDICAL C1'. .68679-43115 Drug Testing for Lead Teacher/Driver 09-440-228-000-000 35.00 °e° co Total: 35.00 69551 8/13/2013 002746- FRUIT GROWERS:SUPPLY 91314490 Maint PVC Parts d 10450-245-000-000 12.80 N Total.: 12.80 Q 69552 8/13/2013 010632 HIGH TECH SECURITY SYSTEMS 104787 JULY SECURITYCAMERA MONITORING 10-195-247-000-000 20.00 z 10-450-246-000-000 60.00 V 105109 AUGUST SECURITY.CAMERA MONITORING 10-195-247-000-000 20.00 r 10450-246-000-000 60.00 N Total: 160.00 >- u_ 69553 8/13/2013 003213 HONEYWELL ACS SERVICE 5226339246 1ST QTR HVAC MAINT&REPAIR AGREEMENT • ` 10-195-257-000-00.0 5,915.29 E• Total.: 5;915.29 t. t�. 69554 8/13/20:13 010761 WILLDAN/CITRUS BELT-]CC' 2013-2014 2013-14 Class A Membership Dues-Shields 10-172-265-000-000 30.00 4 Total: 30.00 69555 8/13/2013 011235 IQM2 INC. 4892 JULY MINUTE TRAQ SUBSCRIPTION Page: 3 - ;'Packet'IP„g,•1;14,, vchlist Voucher List Page: 4 08/67/2613 1:54:50PM CITY OF GRAND TERRACE Bank-code: bofa 'Voucher Date ,. Vendor, -, Invoice, Description/Account Amount M .69555 8/13/2013 011235. IQM2INC. (Continued) N 10-125-250-000-000 550.00 % Total: 550.00 V7 Go 0 69556 8/13/2013 011062 MUNICIPAL CODE CORPORATION 00281198 FY 93-14 Municipal'Code on Internet Fee o 10-125-250-000-000 650.00 'Z: Total: 650.06 `m y 69557 8/13/2013 005024 NEOPOST USA INC., 50262237 FY 2013-14 RATE CHANGE PROTECTION •cm , 10=190-211-000-000 182.48 W Total: 16148 ' d 69558 8/13/2013 005400 OFFICE DEPOT 663982415001 OFFICE SUPPLIES 'c U 10-172-210-000--000 219.57 10-370-210-000=000 251.06 10A 90-220-000-000 251.06 r V 664921958001 OFFICE SUPPLIES 10-175-210-000-000 59.41 Total: 781.:10 S a� 69559 8/13/2013 011279 PACHECO, RYAN 07252013 Park Reservation Refund Due to Rain Y 10-450-01 50.00 �. Total: 50.00 V 69560 8/13/2013 005586 PETTY CASH 07312013 Replenish C.Care Petty Cash r 09-440-220-000-000 82.72 r 09-440-223-000-000 67.91' N 09-440-228=000-000 71,01 >. 23-200-14-00 12.36 u- 'Total: 234.00 c m 69561 8/18/2013 005688 PROTECTION ONE 2588440 1ST QTR ALARM MONITORING-CITY HALL 10-195=247-000-000 109,20 c 3020955 1ST QTR ALARM MONITORING-OLD B&S Q 10-195-247-000-000 116.04 31891344 1ST QTR MAINT ALARM MONITORING SRVS 10-195-247-000-000 14039 Page: 4 'iP;acket;;Pg�. 1i145 vchlist Vouch@i 1ist Page: 5 08/07/20.13 1:54:50PM CITY OF GRAND TERRACE Ba6kkcode: bofa 'Voucher Date, ,. Vendor ,. Invoice. Description/Account Amount M 69561 8/13/201.3 005688• PROTECTION ONE (Continued) Total 3:65.63 N 69562 8/13/2013 005702 PUBLIC EMPLOYEES'RETIREMENT PR End 7/19113 PERS Contributions-PR End 7/19/13 V 10-022-62-00 14,583.91 c PR End 7/5/13' PERS Contributions=PR End.7/5/13 C 10-022=62-00 14,516.78 Z Total; 29,100.69 d w 69563 8/13/20.13. 011245 RAQUEL'.S CLEANING SERVICE 00000013 J.ULY C.CARE CLEANING SERVICES y 'as 09-440-244-000-000 730.44 Total: 730.44 v . m. 69564 8/13/2013 006310 ROADRUNNER SELF STORAGE INC. 1-6176 AUGUST STORAGE RENTAL •c v 10-140-241-000=000: 124.00 �• 'Total.: 124.00 e0D- '69565 8/13/2013 011175 ROBLES,SYLVIA July 2013 July Health Insurance Reim-Roble's 1.0A 10-142-000-000 463.35 F; Total: 453.35 69566 8/13/2013 006451 S.B.COUNTY ASSESSOR 105567 Updated Assessor Parcels Maps 10-172-220-000-000 2.00 v Total: 2.00 s 69567 8/13/2013 006459 S.B.COUNTY CLERK OF THE BOARD 07012013- Notice of Exemption-Adult Business Ord 'd 10-370-230-000-000 50.00 A Total: 50A0 N 69568 8/13/2013 006557 S.B.COUNTY DEPT. PUBLIC WORKS FC006/14 FY 2013-14 Flood Ctr_I Dist Aqrmt 11-545 10-625(220-000-00.0 20,840.40 +:. 21-625-220-000-000 8,931.60 m Total: 20,772.00'E, 69569 8/13/2013 '006531 S.B.COUNTY SHERIFF 12842 JULY LAW ENFORCEMENT SERVICES 1 10-410-255-000-000 5,400.00 a 10-410-256-000-000 113,918:00 1.4-411-25.6-000-000 8,333.00 Page: 5 .vchiist Voucher List Page: 6 08/07/2013 1:54:50PM CITY OF GRAND TERRACE Bank code: bofa 'Voucher Date Vendor Invoice Description/Account Amount M 69569 8/13/2013 006531 S.B.COUNTY SHERIFF (Continued) N 12983 AUGUST LAW ENFORCEMENT SERVICES M 14-411-256-000-000 8,333.00 10-4-10-256-000-000 1:13,913.00'o- 10-410-255-000-000 51-400.00 :d - Total: 255,297.00 :Z d 69570 8/13/2013 006504 S.B.FIRE DEPT./HAZ.MATERIAL GT114CC 1ST QTR HOUSEHOLD'HAZARDOUS WASTE:SRV Mn-10-187-258-000-000 4,188.00 �� Total 4,1.33.00 W Jd 69571 8/13/2013 006695 :SO.CA.ASS'N OF GOVERNMENT 05152013 FY 2013.14 Annual Due Assessment Fee 10-190-265-000-000 1,305.00_,V. Total: 1;305.00=:*- :o 69572 8/13/2013 011071 STANCKIEWITZ,W. August 2613 Aug Health Insurance Reim-Stanckiewitz 10-110-1,42.-000-000 453.35 .- Total: 453.35 y• 69573 8/13/2013 011275 •SYSCO RIVERSIDE INC 307020686 1- C.CARE LUNCHES&SNACKS .� 09-440-220-000-000 959.38 Y 307160646.5 C.CARE LUNCHES&SNACKS 09-440-220-000-000 542.54`�. 307230786 5 C.CARE LUNCHES&SNACKS 09-.440-220-000-000 398:00 3073.00940 3 C.CARE LUNCHES&.SNACKS c 09440-220-000-000 482.76 w Total: 2,382.68 LL. 69574 8/13/2013 011251 NCO INTEGRATED SECURITY LLC 99307507 1ST QTR.C. CARE SECURITY MONITORING 09-440-247-000:=000 375.00 E Total: 375.00 v; 69575 8/13/2013 011256 WILLDAN FINANCIAL SERVICES 010-21811 JULY FINANCE DEPARTMENT SERVICES Q 10-.140-250-000-000 22,330.00 Total: 22,330.00 9..... Pa e: 6 vchlist Voucher List Page: 7 08/07/2013 1:54:5012M CITY OF GRAND TERRACE Bank code: bofa Voucher Date. Vendor Invoice Description/Account Amount M 42 Vouchers for bank code.: bofa Bank total 384,628.17 N N. M. 42 Vouchers in-this report Total vouchers: 384,828.17 ao 0 o, z d h �tM d Y Cl G1 ' t) M T_ M L •tM d ' Y V z V. . et t7 O N LL E ' C1 R Page: 7 ' � �•-`iPackeE??Pg4..�1F1(8c f AGENDA REPORT MEETING DATE: August 13,, 2013 Council Item TITLE: Designation of Council Meribers-to Prepare N'ovember-201.3 Special Municipal Election Ballot Argument in Favor of Utility Users'Tax and Rebuttal Argument. PRESENTED BY: Steve:Elam; Finance Department RECOMMENDATION: Designate two12) City Council Members-to prepare the Ballot Argument in favor of the Utility_Users' Tax and the: Rebuttal Argument for the November 2013 Special Municipal Election. BACKGROUND: On July 23, 2013, the. City Council approved a series of Resolutions authorizing a Special'Municipal Election to be,held November 5, 2013, for the purpose of considering the enactment of a .Utility Users' Tax.(U'UT). Resolution No. 2013-3-7 (Exh,ib'it "A") authorized the. five. City Council Members to author the argument .in favor- of the tax measure. Resolution No. 2013-38-(Exhibit ",B") authorized the authors of,the argument in favor of the ballot measuro-to prepare and submit a rebuttal argument or to authorize any other person(s)toprepare, submit or sign the rebuttal argument. t - ' DISCUSSION: The deadline for submittal of the arguments for and..against the UUT ballot measure is August 22- 2013. In order ao,:meet this 'deadline without :the. need for a special City Council cri Wing, it is recommended that the City Council designate two :(2) Council Members to author.;the argument in favor of the VUT ballot measurejor signature by all five Council, Members. .As provided in 'Resolution No. -2013-38, the same two. Council Members :designate.d to author the argurim.ent:in ;favor of the ballot measure..would:.be designated to prepare -and submit the. rebuttal, argument or to authohze. any other person($) to prepare, submit or sign the rebuttal argument. Currently; a Corn!rnittee in Favor of the Utility Users' Tax-Measure is being-formed. The City Council may.wsh.to consider designating.this Committee to.prepare,sign and-submit-th.e;rebuttal argument. The following table shows the key deadlines related to the upcoming Special Municipal Election. Deadline Action./ Event_ MA—bu t'9 Im artialAnal sis.due;toC.oun Re istrarof-Voters _ Au°u$t 22 Deadline for Ar "uments for and a ainsfMeasure Au ust-27 ... Deadline;fot,Rebuttalsfor._and;-a ainst Measure...; . Sob 1 ,.End of 10 da ,Public Examination Penod for Ar uments Packet P0.119 - Deadline Action Event September 6 End of 1 Q-day Public Examination h Period for Rebuttals -'Octobe"r 7 Early,Vbti,6�-Be'gin' s '.October'21 Vot6r,ke'distr;atidn Deadline October 29 Last [ ay to Apply for Mail Ballot November 5 Election Day December 3 Registrar of Voters Certifies Election Results FISCAL IMPACT: There is no fiscal impact associated with the recommended action. ATTACHMENTS: • Exhibit A—Resolution 2013-37 • Exhibit A—Resolution 2013-37 a Exhibit B—Resolution 2013-38 APPROVALS: Steve Elam Completed 08/08/2018 3:11 PM Finance Completed 08/08/2013 3:25 PM City Attorney Completed 08/08/2013 3:48 PM City Manager Completed 08/08/2013 3:56 PM City Council Pending Exhibit"A"- RESOLUTION-NO;`2013=37 A :RESOLUTION�OF THE, CITY C011NC1L'fFTHE;CITl(.OF GRAND TERRACE;t CALI --o NIA, ;SETTING PRIORITIES FOR FILING 'WRITTEN' REGARDING A "CITY. . _UimA uR N ARGUMENT E' CNCERNIfV-G TIDE ENACTMENT _OF ,A'UTILITX`USERS'°:TAX AND DIRECTING THE CITY. CLERK, AS THE ELECTIONS OFFICIAL; TO ^ y- _ .. — , PREPARE AN ; IMPARTIAL ANALYSIS REGA_ RDING .-THE 'SAME ' WHEREAS., A Special Municipal Election' is to:be field iq-,the City of Grand. Terrace; California, on'November b, 2013, atiailiicd:ttier.'e.'O.be submitted,to tfie voters c the follavuing measure: . E To ensure Grand Teir�ace alas the :funds necessary ',to ,remain .an a independeht city and:able-#o ;provide essential services to resilenfis o nciudmg rapid �r®sponse. ;to 9r11 :police emergencies; m maintenan.celrepalr of;local :streets, adequate :police services; :atitl maintaining ;pa�lis;,and ;public .;facilities; �sliaU #he;.=City. of Grant Terrace establish a ufhty .users' tax of 5*6'for siw years only wttti ind:ependerit citizen ,aversiight; all money"-stayin,g� local, acid exemptgort for low=ncome'senior�?' ' - : � - ._. � ;r NOW; THEREFORE;. THE ',CITY •;COUNCIL' OF THE 'CITY :OF =-GI?AMD -TERRACE;CALIFORNIA, DOES HEREBY=RESOLVE ;DETERINlNE:ANQ GRDER AS FOLLt7llVS ` v ' M SECTION '1, That the City Council authorizes:the following .Council'iMemaers to authorthe;argumentir►,favo of:,theWosure' N 'Waft_Sta'nckiewitz:_Mayor _ _ BernardoSancloval. Mayor-Pro.Terri ° Darcy NlcNaboe,"Co'uncilmembe`r Sylvia Robles,''Coincilrnember c Jackie:,Mitchell.-'.Council'meii�b'e'r d Any wriften'argument,in favor.oir against shall;not.exceed 30O Words_ regarding.ttie City Measure as specffi6d .above•in aceoMande with Article 4,-Chapter 3;.D:ivisiori 9 of fhe Eledons,Code of the State ofi California. w An argument:may not be signed`by,more than five authors. E s Arguments shall.'be submitted to the, City Cld-'* as.>the.Elections Official,.,no'aater � than August 22, Z01;3,'at 5 00;pm. Auffiors of the Arguindnts, either for or against, rriay a change`.the r arguments up to:and including August 22; 201;3;at'599 p:m._ The argument's. shall-be`filed with the City Glerk;as the Elections:Offciai� sidrietl, with-the:printed names and signatures of:the authors;submitting it,^,.or if submitted on 6eFiaif of .an organization, the` name of the- organizatio0,and the ;punted name :and i Racket Pg. 121 V 7_A:a si niture of at=aeast one bf its rifidpal bffcers- `argument:- The aiguments shall be accompan, d ftiy-the:Fbrm of Statement To BeyFiled By;Authors of 'Argurraent �, . - The followiOg critena`will I?e used for:the>selec#ian°o€'Bello#'Argu i tints: If'more`than.:one a ument.for:;oc more:than-one:ar'umenta`anst°`an >C Nleasura as f_ _ - - ' i.1:.0�;.T'" Z - i°f1,n:: . sub� itted>to..1 P;"Ci Glerk", r'tiie-!Elec ohs:,Official;'vO-i _the-.fi � rescnbed tn._ _ _ #� R , _.p_.. shestall selecf=one;of ttie=ir "umei ts'in-%'t vor�`and`onelof ti'e"ar'�uments a "ainst:the hlleisure for i-intrn` :a d'distr biif n to.th 'vofe'r's.. ln-selW. =tt aryi rnerits the=:Gi p J . 1 _- - _. g ;e. __ g.. tY Clerk es_the. Elections'Offciai',shall ive"r'r fe�erce`and rori nthe order'names to a '{ the argu°meets of the following: _ a) The Legislatiueeod or rmernbers'of,:ttie:legislative°body:authorized-by that y - . , b Tf a ind• ,ideal voter-";or Dona fide assocation':of citizens"or``Com gtRyon of'votes. .) .i s jc.---' ,1�ri�„� -..!:t•8,:. :and associa#ions;who:areYbo'na'sfidespcnsos:o`r-�proponent$:;of:tkie Mea$ue, m x c) Bona"fide assOCOAion'', citizens: _d =dj ndividual vptersr. fi r r-ligible.w o,a e:e- fevote.:ori;ttie;Nleasuie: > If no ar uments,have"tieen teceiveb. n-ac• orclance'witti __subsecrtions; d)((�c1aboveafe�Cy��y� "Clerk :a_sthe��:'Elections'°Offsal 'wll :reriew=; he _meets: -above'' }'r:J „•r ...,.i 4�. •_ 'h::. .i, receive? `from individuals to tleterrnine fFiat ?tlie arguments;-;are. tat, urarnb'i`uous antl 4virten<with ro'er s; ntax: alf;these'considerations :are'- net _ >,. 'p >P Y: _ : - - - _ _ t: = - } -and 'are e'uai ,n all`'ar''ume ME °thy:'aut't'ors' ` ll be 'asKetlJto viiitness :random :drsuvin a -d6if nee '6f the .Ci ;Glerk sftil'tte'=Elections Official to;determine M aNhich ar time_nt will.b_a tatilislieb_ . CD ' � Y1_�. - 'SECTION'2 'That thee' City 'CQurtcl, -directs ;ttie; #y Clerk; 'as `the :Elections ^., r e Rr y OfFcal,'to prepare the ,mp�rt,a1 analysis riot exceeding 5�0 words'shoinr,ng tte:;efFect of o the measure-orf the:existing(a v.an-.:the-o.peration;of tFie,rnea'sure_pursuant.to Article 4, } ' i Chapti3r 3, Divis,on,9 of the Elections Cotle of'ttie.State ,of Cal�fom,a The 'impartial :anal"sis shall'be filed b the dates sef for;tha flip of nma: ar uments. Y. Y 9 P. rY SECTION,3; Thit the C Clerk<shall .cert' fo tie'_ assa"e:and ado ;bon f this w Y' P :9.:.. p.: Q. . resol06h'and:.enter'f into-tl%e'book of on mal.resotutioris �' PASSED, APPROVED rAND ADOOtb--by the City:Co_unc l,of:Grand`Terra_ce at a regular meeting held'on the 231 day of JuV 2013, a Mayor of"the'C.itti;of Grand Terra_ce ' and'the City Council=°°thereof Packet P"":122 , . - _ ,. Exhibit'=_A ._ • Cty`Cletk=of� e`C :'of Grid T ace. L IRACEX R:.IIIIARTINEZ,:Cltl(CLEAK of:Fie-CCity ofi.Grand Terrace, California, Q do_lti�ereby certify that tf%e-fo�egomg Resolution was adopted at a regular meetng of the. Cfy;Gtiuncilf the City of Grand terrace:heltl'on e;:23`�-day of=July;-:2013;:by<the = foilowrig`vote: i c AYES: Counc li tiers'iMcSaboe, 1 itche ''and' nobles; of P•ro Tim `'Sandoval •ante °f .:.. - :NOES: NQ4e m . H ABSENT: None N a. ABSTA,!N! WQne Tracey R: artinez; City Cle M • O APPAWRO AS TO FORM: _ a Ci.Y o_rney tt . -w E _� RESOLU`CION NO_;2013=3$ A RESOLUTI(3N QF:'TN CITY.COUNGIL:OFt:`fHE CITY OF :GRAND :.. ,. . TERRACE; ',,CALIFORNIA, PROV1043 FQR -_THE _;FILING :'OF REBUTTALS;'REGARDING A-.'CITY'MEASURE `CONCERNING' THE - r_.: '! _ NACTMEtT CaF rA UTILITY:USERs' -- ;; WHEREAS,: Sectior! 285 of the ?Elections'Cgde-:of tine 'Efate -"of, Galifomia a, on es the City.Gi unctl, by rnalority:vote,to atlopt;provisions to provide forthe fllmg of to)o at,60U_i'nei ts`for Citjr'IVleasuressubrYiitted at mi Rig 140W, THEtEFORE, 'THE CITY COUNCIL"'OF THE CITY O>= :GRAND f: ' TERRA FOLCE, CALIFOFiN1A, DOES':HEREBY;;RESOLYE :DETERMiNE'AND ORDER;AS` ;� LOWS: a ;` SECTION 1. Pu[suait ao, Section 92$5 `of:'th" Elections Gode .of:,ttie :State,,of m C lif fn a whe the elections :off i I'=F" r , I r n c a as selected the"argumentsrfor and_yaga11 A H l,: measure_. irti cti Vuii .tie spRntedz antl iiistribytect to:the,voters°,'the.etect�ons offic'iat ;shalt :�, .... : t. ., - send aA copy.of at argument'i� favor yof tte measute'to the ;ai�thors';of^aoy argument: N r�^r- --v :against the measure and:a:copy of:an,rargument against the<measu`re to ttie,authots of anyrgurrient`in'favoir flf the measure immediately.upon.;tecetVingtbe arguments; _ mayar _ ' t `latigtoacietnureeTh m rhi maza e o pre te,and:submt uho in uvrit`in an -:other per.'sori'.or pefspns to', repass;autimit;:or sign!;tt retuttai ar' um'ent; CO M `. M y A tebuttaYargutn'entimay,not-bo.'signedjby mote.;than fve':authors, . , _ _ N Tte retiutta'I tar"unients shall tie fled;wifh ahe Ctiy'Clerk'si rigid=-with the;panted c names ani signatures of the,-autho�s..subrnittin jit "or;:if,sub"mfttet-'on be#alf of 9'' ,.t r ,t o 'anizatott,;'.the snarre:of atie.or' aiization;w land the :printed;name and siglnature of.;at; le st Qne.it ifs principal'ofticers, no lafer than August 27;2Q43at SOoip m:'The`�ebuttal ., 6: i , , arguments'shatl t 'accompanii by=the-Fort»;of S#aterrient'To"3e,Filed By Authps of Irgurrments. 'SECTION 2. 'Tha"t;-the City:Cleirk shall-certify b-,tf to passage::and Ad_optipi=o_f th t W Resoltitio'n ano enter it into tfie book'of:o"rignal Resolutions. -PASSED, APPROVEV,AND ADOP-Itt by ahe bGty.Council.-of`Grand Terrace,it cc = 1 a tegularmeeting betel;on'the;- day sif JUIy 22013., a ayo of. rend Terrace - aiid the City CouitciE`#hereof ; - _7.A.b - $i ATTEST;. - City Clerk ' ..tle C-tyof'GandYT ce '` i TRACEY:R, 'AR TIN `:tiW, CLERK`of tfi -_Cs of_Grand:Terrace;, alitornia; .. } . . . ,. t .c do fie�eb:' cert'. that=the':fore` 'oi;n Resolution'was adg ted'at is ular' rrieetii 9 .r 9. . ._., _ _ ...9 City Council:af the sty of G.ranc `Terrace;field on tfi 3`�'day of lU y,,=20. 3; by the foil owin_g vote: ' AYES: Couric lmembers'.A6 Cie; Ii t�c6e11 sud;;8obles;' Maya'XPXP 'NO_Saadopal.and a - NOES: Aone o0 ABSENT: hone: N ABS7`AIN; Pone Fwra'cey1R=`.` Ci Cle co CO cm ApPROYED AS TO FORM; C w ;. Cc ✓Pack:ef'P- AGENDARE PORT MEETING DATE: August 13, 2013 Successor Agency Item TITLE: Consultant Services Agreement for Long-Range Property Management:Plan.Preparation PRESENTED. BY: Betsy Adams, City Manager RECOMMENDATION:. Approve.a:Consultant Services Agreement with Kosmont& Associates, Inc;for-preparation of-the:Successor'Agency's Long-Range Property Management Plan and authori2el the Executive Director to execute Agreement. BACKGROUND: Among the-numerous requirements placed on the Successor Agency by redevelopment dissolution is the.preparation of a Long=Range Property Management Plan (PMP). The purpose of the PMP is to address the disposition and use of'the real ;properties of the former redevelopment agency. . Health and Safety Code§ 34191..5 requires a successor_agency to prepote and submit a'PMP to the..California'Department of Finance(DOF)within six (6).months of receiving a Finding-of Completion•from the DOF. Grand:Terrace's Successor Agency received'its Finding of Completiogon May 9,.20.1.3 so its PMP needs to be submitted to the 1DOF,by November 9, 2013-. DISCUSSION: On June 6, 2013, the.'Successor Agency issued. a-Request for Proposal (RFP;) .for the preparation of its Lon g=Range -Property Management Plan. Proposals were received from: three (3) firms .by the 4un.e .27, 2013,. d'ue date -- Kosmont, & Associates, 4rnc.,. Rosenow Spevacek Group Inc. (;RSG), and Willdan Fi phci ill Services. Although price is not-the primary consideration yin awarding a consultant services agreement, the.fees submitted by these firms to pJrepare'the PMP were $1.2,000, $23.80.0 and $15,500 respectively. An evafuation committee interviewed the three firms on July 10, 2013. The committee was.comprised.of a Grand Terrace resident with decades.oflocal.government economic development and redevelopment,experience, Ken Henderson, along with two members of Successor Agency, staff, the Deputy Director of Community Development- and the Executive Director. While all-three.firms.are qualified-and-.understand the primary focus.of Grand Terrace's PMP should:be the development of the land.by. the 1=215 freeway as is large commercial project versus a ;piecemeal selloff of.individual ,parcels, the committee unanimously concluded.that'Kosmont&As400_iates, 1nc. '(Kosmonftw.as:ithe most.yualifed to prepare the Saacessor Agency's- PMP. Ko6rh6ti s response to the Successor Agency's RFP �. Packet PO?126 and the interview with the committee highlighted that the firm has a thorough understanding of the Successor Agency's PMP needs beyond just the statutory requirements. FISCAL IMPACT: ROPS 13-14A, the Recognized Obligation Payment Schedule for the period of July 1, 2013 through December 31, 2013, includes an enforceable obligation of$30,000 for the development of the Long-Range Property Management Plan. The cost of the agreement with Kosmont & Associates, Inc., $12,000, along with reimbursable expenses billed at cost, will be charged to this enforceable obligation. ATTACHMENTS: • SKMBT_C35113072316120 • Exhibit A SKMBT C35113071617010 APPROVALS: Betsy Adams Completed 07/29/2013 9:08 AM Finance Completed 08/05/2013 7:57 AM City Attorney Completed 08/07/2013 11:05 AM City Manager Completed 08/07/2013 11:20 AM City Council Pending : :PacketPg.-127, , ` --8;Aa— AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT.("Agreement":)�is made as of'this 13th:dayof August,2013 by aril between the SUCCESSOR AOENCY TO:THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY.0171GRAND TERRACE("Successor a Agency") and Kosmont&Associates,.Inc.,dba"Kosmont Companies"("Consultant"). N • m 1. CONSULTANT'S SERVICES. Consultant agrees to perform during,the term•of � this Agreement,the tasks,,obligations, and services set forth in the"Scope of co w Services"attached to and incorporated into this Agreement as Exhibit A(the w "Services"). N _ 0 2. TERM OF AGREEMENT. The I=of this Agreement shall be from the. v effective date pursuant to Paragraph"38"-of this Agreement and shall end on August 12,2014 or when the work is satisfactorily completed;whichever occurs first, unless extended by a supplemental agreement. m 3. .FAMILIARITY WITH WORK. By execution of this Agreement, Consultant warrants tliat `9 (1) It has thoroughly -investigated and ,considered the work to be CL performed,based bn.all available information. a It-carefully considered how the work should be-performed, and C Q) It.fully.understands the difficulties and restrictions,attending the q c performance of the work under this Agreement. co (4) It has the professional and technical competency to ,perform the i. work and the production:capaoity to complete the work in a timely manner o With respect to.the schedule•included.in the sedpe of"services. N ec 4. PAYMEco NT FOR SERVICES. Successor Agency shall pay for the services N ! performed.by Consultant,pursuant to-the terms of'this:Agreement,the coy, compensation set forth in.the "Schedule of.Compensation" attached to and 'incorporated into this Ao eement as Exhibit B. The.fees.for services shall not v exceed.the authorized amount of$11000 as:setforth:in Attachment`•B,"unless the SUCCESSOR AGENCY has given,specific advance approv..al in writing. v) Notwithstanding the forgoing, Consultant acknowledges and agrees payment of any fees described in this Agreement may be contingent upon approval,thereof as an enforceable obligation listed on a Recognized.Obligation:PayrrientSchedule (``ROPS"), as defined�by the Health&Safety Code,and that-such approvals are a made-by the Oversight B"oard for the Successor.Agency,the California Departnienf of Finance,and-various other-relevant public agencies.In-the event Page I of 13 Packet Pg _128 :8.A.a that the Oversight Board for the Agency,the California Depaftffient of Finance,or any odidt relevant public aciendy.-deteft!iines that such. Y .h.fdes,brari portion thereof, are not an briforceable obligation that is properly listed on a kOPS�,Consultant - E .will not be entitled.to payment of such fees: unless a court of competent 0 jurisdiction overturns such a deterrifination. 2 5. TIME FOR PERFORMANCE. Consultant shall not perform any work-under this Agreement until (a)Consultant furnishes proof of insurance as required under Paragraph-".8" of this Agreement. All services required by Consultant under this Agreembiit shall be completed on.or before the end of the tenii.of the Agreement. 6. DESIGNATED REPRESENTATIVE. Larry Consultant hereby designates 0 Kbsrhbnt 49 the Consultant Representative, and said Remesentative shall be 0 C responsible for jqb,performance,negotiations,contractual matters, and M coordination withf-he Successor Agency. Consultant's professional services shall C be actually performed by, or$hall be immediately supervised by,the Consultant Ea) I Reptes'60tative. 7. HOLD HARMLESS;INDEMNIFICATION. Consfiltant herbby agrees to protect, indernnify-and hold City of Grand Terrace("Qty"),Apd Successor Agpppy:and its employees,officers and servants free and-harmless from any and all losses, claims,liens;-demands,and causess-of action of everykind and!character including, but not linifted to,the aftioirrits.of judgment,interests,court costs,legal foes and other expenses incurred by the City or Successor All, arising i (yenc n favor of any party, including clffir-hs,liens,debts,personal injuries,including employees of.the City or Successor Agency, death or damages to property(including property of the 6 Successbr:A&ericy) and•without limitation by enumeration, all other claims or 0 :demands of ever y.qhqracter occurring or arising g directly out of the negligentacts, 00 recklessness or Willful misconduct of Consultant in the performance of its services Q I q co under,this Agreement. This provisiob is not intended to create any cause o.f action in favor-of-ah third party Consultant, the City,or the Successor Agency N y :D .or to enlarge in any Way the Consultant's liability but is intended solely to provide for indemnification of the City and Successor Agenc y for liability for damages or 04 injuries to third persons.of pfopdrty arising from Consultant's negligent :performance hereunder. Ln Notwithstanding the above,.Successor Agency will release,indemnify and hold F. harmless Consultant from any and all losses,claims,liens,demands and causes of action of every kind and character including but not limited to the amounts of judgment, interests, court costs,legal f6es and other-expenses incurred by Consultant concerning claims,.demands or causegofaction related to or C, C, E actual environmental contamination,environmental liability and corresponding obligations. Successor Agency acknowledges that Consultant is reliant upon Successor Agency for information related to.the environmental condition of the subject properties, to the extent known by Successor Agency. If-environmental Page 2 of 13 '"Packet-P9 129 _8�i4Ta , analysis;is necessary related to-tlie completion of the PMP and/or to the ultimate disposition_of the,subject.properties, Successor Agency undersfands that such. environmental analysis will not be prepared by Consultant,as Consultant is,not E licensed in-this,professional discipline. 'It is acknowledged by Successor Agency that any such environmental analysis would be contracted separately by Successor Q Agency with an outside firm. m 8. INSURANCE. Consultant shall procure and.maintain at all times during-the term � cf this Agreement insurance:as set forth in Exhibit-'C'attached-hereto.. Proof of insurance shall consist of a Certificate of-Insurance provided:On IOS-CGL form ea No. CG 00 01 11 85 or 88 ekecuted by Consultant's insurer;and.in a form y approved by,the City's City Attorney and Successor Agency's Legal Counsel. c 9. LICENSES,PERMITS,AND FEES.Consultant shall obtain a City of Grand Terrace Business License,and any arid._all_other permits and licenses required for the services:to be performed under this Agreement. d 10. IIVDEPENDENT;CONTRACTOR STATUS'. $uccessor.Agency and Consultant cc agree that Consultant, h perforrmng the Services herein specified,_shall act as an independent'Contracior and-.shall,have control of all work.and the-mariner fn which.it is perforrried... Consultani-shall:lie free to contract for'sirriilar,services-to A be,performbd for other entities while under contract with Successor Agency. a Consultant is not an agent or employee of City-or Successor Agency;-and is not d L1 entitled to participate in any pension,plan,insurance,bonus or isiriiil"ar benefits c I City or'Successoi Agency provides for.its employees: Consultant shall be responsible.to pay and l old City or Successor Agency harmless from any and all CO c payroll and other taxes:and-interest thereon and penalties,therefore,which may become due as a result of services performed hereunder. o 11. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attemptU Consultant to assign the benefits or burdens of N this Agreement without written approval of Successor Agency is prohibited and: M shall be:iiull and void;except that Consultant may assign payments due under this ti Agreement to a fmnancial.institution. c�Tn 12. STANDARD. Consultant agrees that the'servkes to.be "rendered pursuant to-this: v Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organizafion rendering the same or similar services.Consultant shall re-perform any of said services, w which are not in conformity with standards as.detekmined by the Successor Agency: r 13. - CONFIDENTIAL'ITY. Consultant covenants that all data, documents, discussion, cc or other information developed or received by Consultant or provided for a perforibdnce-of this Agreement are deemed confidential and shall not be disclosed Page 3 of 13 _,''Parke"t_,.Pg '130V by Consultant without written authorization by Successor Agency, Successor Agency shall grant such authorization if disclosure.is required bylaw. All City or Successor Agency data shall be returned to Successor Agency upon the "termination of this Agreement. Consultant's covenant under"this Section shall survive the.termination of this Agreement. Q N 14. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to.all services and matters covered underlhis.Agreement. Successor Agency shall have free access at all reasonable times to such;records, and the right to examine and audit the same and to make transcripts therefrom, cc and to inspect all program data, documents,proceedings and activities. N Consultant shall maintain an up-to-date list of key,personnel and telephone c numbers for emergency contact after normal business hours. v c IL co 15. -OWNERSHIP OF CONSULTANT'S WORK PRODUCT. All reports, documents,all analysis,computations,plans, correspondence; data,information, computer media, including disks or other written material developed and/or 4 gathered by-Consultant in the performance.of this Agreement shall be and remain cc ! the-property of Successor Agency without restriction or limitation upon its,use or dissemination by Successor Agency. Such Material shall not be the subject of a i copyright application by Consultant. Any re-use by'Successor Agency of any such c materials on any project other than the project for which they were prepared shall L a i be at"the:sole risk of Successor Agency unless Successor Agency compensates Consultant for such use. Such work product shall be transmitted to Successor ? Agency within ten"(1.0)days after a written request therefore: Consultant may retain copies of such products. c J 16. NOTICES. All notices given or required to be given pursuant to this Agreement c shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows: c N r Successor Agency: Betsy Adams,Executive Director M SuccessorAgency to the CRA of City of Grand Terrace c 22795 Barton Road r Grand Terrace, Ca 92313 LO M c� Consultant: Larry J. Kosmont,President&.CEO m' Kosmont&Associate, Inc. 865 So.Figueroa,Suite 3500 w Los Angeles,CA 90017 _ d If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall:be given within five(5)working days of said changes. a Page,4 of 13 Packet P,g. 13.1 1.7. TAXPAYER IDENTIFICATION:NUiABP-R;. Consultant shall-p rovide Successor Agency With a comoldt6R6quesf for'Tdk-pdy ifih Numb&and er1d6n t catio Certification;F.Orin.W,- -Internal-Revenue.$.&V; C E 0) 18. APPLICABLE LAWS, CODES AND REGULATIONS. Consuliant-shall 2 perform:all'services des-dribbd in accordance with Al I ap s Pliodble laws,,code and A) tio . uir.q regula -i-nsre-q`- d"by all authOrities.6avjrigjurisdiction over theServices. C .2 onsultant agrees to'co 'ly.with prevailing wage requirements as.speci ed-inthe Cdliforhia.Labor Code, Sections 1770,et seq. 19. RIGHT TO_UT=-8 OTHERS. 'Successor Agency reserves-the right to utilize others to perform work-similar tothe'Services provided hereunder. 0 ZO. BENEFITS. Consultant C _nstiltant will not be eligible-for an paidbeii fitSforfederal, IL social security, state workers' compensation, unemployment insurance, professional insurance,-medical/dentg,,,retirement.P.ERS or fringe benefits offered E by the City of Grand Terrace. .0 th C 21. PERS ELIGEMILITY INDEMNITY: In the event that Consultant or-any ' rdf.Cbnsiift..ti tpr-'o'Vidin-g� services uiider-this employee, agent.,onsubcon&.a:�t"0 P't Qun jurisdiction di on or:the Akitdiabiitcigr�sdt.,is,d'ete'rm'i'ndd,b�y-'difotirto'f'c�o'�-" en s idti _m e T 'dalifo a.P-d'blic']�m6lo.veesPetiX�eTeiit'System('�P.EPS'l)-to-,beeli le.fof Mi _." M-3 - ZL -enrollineriOn PERS as,an employee of the City or Successor Agency;Consultant gen 0 tM shall ihdd fy, d6fefid,difid-hold-harmless Cit' Agency or the C y.d�Sucdes�otA_- --ft _e :payment of any employee and/or epiployqt:coiittibtition8 for-FEkS benefits-.on oC , tM behalf of Consultant or its eftiol6yees, agents; or subconfraciorsilas well as'for the r payment of-any penalties arid interest on such c6ntfibutions,which would 0 :0thefwise'6Q the r6$ origibilitybf'City bt Successor Agency, Notwithstanding any offier.agency, state or federal policy,rule,regulation,:.law or -9 Q -ordinance tb:the contrary,Consultant and an of its employees; qgerits,1nd N y subcontractorsproviding service pro. under this Agreement 8hal ;not qualify for-or become.entitled to,and herdbyagree to waive any claims to,any compensation, cm beneft-or.an incident-of employment'10yment by City" or: uccessor A&n y,Anc uding mp ty S c I y 'to enroll ii YERS as an employee df,.but not limited to dligi ilit b �y City Or Successor Agency-and entitlement to-any-pontributio n to be paid by by or o Successor Agency for-employer contribution for P9RS benefits. '22. TRAvEUIEXP8NI8.tS; Any reimbursement expenses must be pre- -a-uthIorzed and t shall be based upon the approved rates of the San Bernardino County Auditor- a E Controller. 23. CONFLICT OF INTEREST.. Consultant agrees that any conflict or potential confiidt of 4nterest shall-be fully disclosed prior to execution,.of confra c-t and Pag e 5 of 13 Consultant shall comply with all applicable federal,state and county laws and regtilations-ffly6mitib,conflict ofinterest. E 24. ECONOMIC INTER-EST STATEMENT. Consultant hereby acknowledges that pursuant,to Government Code Section.81300 and tlie'Cohflict of Interest Code adopbed:by..Successor Agency hereunder,Cons,ultantis-designated in 9-aldConflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700),With the<CilyClerk-,for each employee providing-advise under this Agreement,-prior to the-commericbment of work. 25. POLITICAL ACTIVITY/LOBBYING CERTIFICATION.Consultant may not conduct Any-activity,iinchidiricrt:1 any payment to any person, officer,or employee of - . -1 , 0 any governmental agency or body or member of Congress.in connection with the awarding of any federal contract,grant, loan, intended to influence.legislation, ecv administrative ruleftWdrig or the election of candidates for public.off ce during (L C time compensated under the reptesentAtion'that such activity is being, prfqrmed as a partof this Agreement. E C 26. NON-DISCkNUNATION. In the peiformance of-this Agreement,Consultant shall not discriminate gainst-any employee,subcontractor,or 4gPlicant for employment because.of race, color,creed,religion,sex, marital'siatus,national i religion, ' ' ' ' CL origin,,ancestry, age physical or mental:handicap,medical condition,or sexual 2 orientation. Consultant will take affirmative action to ensure that;stlbdofitractors 0. and applicants are employed, and that employees are treated-duringemplo ent,— . . MPI yin, without.regard to their race,color, creed, religion,sex,marital status,national origin, ancestry, age,physical or mental handicap,medical condition, or sexual C orientation. 0 _j Co Cz 27. AUDIT OR.EXAMINATION. C6nsultant shall keep all records of funds received 40 from Successor Agency and.make them accessible for audit or examination for a Q period of three m C14 years after final payments are issued.and other pending matters. to T11.co 28. MODIFICATION OF AGREEMENT. This Agreement may not be modified,nor C%1 may any of the terms,provisions or conditions l5d.ino'dified of Waived or Q co ,otherwise affected;except by a written amendment signed by all parties. M U 29. WAIVER. If at any time one party shall waive any term,provision or.condition of this Agreement either before or after any breach thereof,no party shall thereafter be deemed to have consented to any future failure of full performance hereunder. U), 30. COVEN-ANTS AND CONDITIONS, Each term and each provision of this E Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. Page 6 of 13 "Packetft. 133 _ 8rA:a•-- 31. RIGHT TO TERMINATE. Successor Agencymay terminate this Agreement-at any time; with or without cause,in,its sole discretion, with thirty(30):days.written notice. .E m 32. EFFECT OF TERMINATION:. Upon termination:as.stated in Paragraph"31"of IM this Agrees Tent,Successor Agency shall be liable,:to Consultant only for work H performed by'Consultant up to and including the date of-termination of this Agreement;unless-the termination is for cause,in which event Consultant need be compensated only to the ekterit.i-equired by law. Consultant shall-be entitled to y payment for•work satisfactorily completed to date,based on proration of.the monthly fees set forth in Exhibit"B"attached hereto, Such payment will be. 5 subject to Successor Agency's receipt-of a close-out billing. o . V 33. GOVERNING LAW: This Agreement shall be,governed by-and construed in coo accordance with laws-of the State.of California. In the event of litigation.between °- the parties;venue in state trial courts shall lie exclusively in the County.of San d Bernardino. In the event of litigation in a U.S.District Court,.exclusive venue shall lie in the Oentral.District:of.California. c 5 34. LITIGATIQN FEES. Should litigation arise,out:of'ahis Agreemerit_for:the performance the'egf,the court shall award costs and expenses,including c. attorneys fees, to the:,.prevailingparf'y. 10 awarding attorneys fees;the court shall Me ; not be bound by any court fee schedule but shall award the fuli aiiiount_of costs; expenses and attorneys fees-paid and/or incurred in good faith. "Prevailing t i Party" shall mean the,party that obtains a favorable and finch judgment or order l; from a court of law described in paragraph"31" This paragraph'shall not apply c and litigation fees shall not be:awarded based oiYAworder or othei:wise;final 0 judgment that results.from the parties' mutual settlement,arbitration,or mediation co bfbe dispute. CD c��n 35. SEVER"ILITY. If any provision of this agreement is-held by a court of 04 competent jurisdiction to be invalid, void•or unenforceable;the remaining M provisions nevertheless will continue in full force and effect without being ti impaired or invalidated.in any-way'. M 36. FORCE MMEURE., The respective duties and obligations of the parties. v hereunder shall be suspended while and so long:as.performance hereto is prevented or.impeded by strikes, disturbances,riots;fire,severe weather, .government,action,war acts,acts of God,.or any other cause:similar or dissimilar Y to the foregoing which.are_ beyond the conirol of the.party from whom the affected _ performance was due. m E s 37. INTEGRATED AGREEMENT. This Agreement; together with Exhibits"A," B?and"(" supersede.any.and all other agreements,:either oral or in.writing, a between the parties .with respect to-the subject matter herein..Each party to this Page 7 of 1.3 Packef_Pg.,1,34., , 8-A..a - Agreement acknowledges that no representation by any party;which is not embodied herein, nor.any other agreement;statement.or promise not contained in this Agreement"shall be valid and,binding.Any modificafion-of the Agreement shall be effective only if it is in writing and signed by all parties. d ' L 38. EFFECTIVE DATE. The effective date of this Agreement is the date the Notice y to Proceed is.ieceived.by Consultant,and shall remain in full force and effect until amended or terminated., .39. REDEVELOPMENT DISSOLUTION APPROVALS. Consultant acknowledges C w and agrees that under.ABX1 26 and AB 1484,relating to dissolution of N redevelopment in California, ("Dissolution Laws"'-),the Successor Agency's c approval of this Agreement is subject to several legal requirements including,but v not limited to,notices;to and/or approvals from the California Department of etoo Finance,,the Oversight Board of the Successor Agency to the Grand Terrace a Community.Redevelopment Agency, and any other relevant State agencies d ("Dissolution Approvals"). Consultant acknowledges and agrees that the dtM ' Successor Agency has no.control over Dissolution Approvals..Consultant hereby ' acknowledges and agrees that it will not bring any claims,demands, suits,,actions, or proceedings of any kind or.nature against.the Successor Agency, its officers, , agents,employees,consultants,or volunteers related to Dissolution Approvals as a it relates to this Agreement. 2 c Dated: "SUCCESSOR AGENCY" .°i co 0 M O By: Betsy Adams,Executive Director M N I- LO Dated: "CONSULTANT" v Kosmont&Associates,In m • m B Larry J. . . mo d Its: President&CEO e� w a Page 8 of 13 Packet_P07 135 o - Cal O Li a v a Y cn rn En 0 ti CD n CA G G CD !W for °'' Attachment:SKMBT C35113072316120 (1308 : Long-Range Property Management Plan Consultant Services Agreement) §AA, EXIMIT W' SCOPE OF SERVICES A) E Refer to attached Request for Proposal response from Kosmont Companies as Exhibit 'for this agreement. cv ca es CL IM C 0 Q Q 04 ti CD cv) E Page 10 of 13 Pet EXHIBIT'93" SCHEDULE OF COMPENSATION E tM 1. AMOUNT'OF COMPENSATION. For performing and completing,all services A) pursuant to Exhihit"'W! Scope of Services,is-a total Amount not to exceed $12,000-(twelve thousand dollars)plus reimbursable expenses which will be .charged At cost. An Z 11. BILLING". At the end of each calendar month in Which services 0e.p6rformed or 0 expenses''dte.ineurred.under this Agr6ement,-Consultant shall submit an invoice to .the Successor Agency At the following address: IL C Successor Agency to.CRA of the City of Grand Terrace Q E 22795-Barton Road, M Grand Terrace;Ca 02313 Cca 4 The-inVoicd submitted putsught to this.paragraPh shall show the: 1.)- Purchase order number; CL 9 Project name/description; (L 3) Name,and hours worked:by each person Wh(i perfoimed services dtiriff2 the 0 tp billing period; C 4) The title/classification under which they were billed;, tM 5) T4p--,bourly rate of pay; C 0 6) Actual out-of-,pocket.expenses incurred in th6#rformance of services; And, 7) Other such information as the Successor Agency may reasonably require. co, . III. METHOD OF PAYMENT. ?4ymeht to Consultant for the combbrisat ion specified in Section 1, Above, shall be made after-the Executive Director or N designee determines that the billing'submitted pursuant to Section II,above, accurat6ly.reflects work satisfactorily performed. Successor Agency shall:pay C4 'Consultant within thirty(30):days thereftom-. co C42 01 Page 11 of 13 138 8.A.a EXBMIT"C" w The Consultant shall maintain throughout the duration of the term of the Agreement, liability insurance covering the Consultant and;with the exception'of.Professional � Liability Insurance, designating City-and Successor Agency including its elected or a appointed officials,directors,Officers,,agents,employees,-volunteers,or consultants, as N additional insured against any and all claims resulting in injury or damage to persons or property(both real and personal) caused by:any aspect of the Consultant's work,in amounts no less than the following and with such deductibles as are ordinary and +, "reasonable in keeping with industry standards. It.shall be stated,in'the Additional Insured Endorsement,that the Consultant's insurance policies shall be primary as respects any claims related to or as the result of the Consultant's work: Any insurance,pooled c coverage,or self-insurance maintained by the City and Successor Agency,its elected or V appointed off cials, directors,officers, agents,,employees,volunteers,or consultants shall a. be non=contributory. d Professional-iability Insurance $1,000,000/$200,000. tM General Liability: m } a. General Aggregate: $2;000,000 CL !: b. Products Comp/Op Aggregate $2;000,000 ° C. Personal &Advertising Injury $1,000,000. i d. -Each Occurrence $1;000;000 e. Eire.Da.Ad (any one fire) $ %000 0; f. Medical Expense(any one person) $ 5,000 c 0 J Workers'Compensation: co 0 M a. Workers'Compensation Statutory Limits o b. EL Each Accident $1,000,000 N T C. EL Disease-Policy Limit $-1,000,000 M d. EL Disease-Each Employee $1,000,000 9! 0 r! Automobile Liability M a. Any vehicle,combined single limit $1,000,00.0 , ml The Consultant shall provide:thirty(30) days advance notice to Successor Agency in the he event of material changes or cancellation of any coverage. Certificates'of insurance and additional insured endorsements shall be furnished to Successor Agency thirty(30)days 0 E prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute.a material.breaeh of this Agreement entitling Successor Agency to any and all remedies at law or in equity,including termination of this Agreement. If proof of a insurance required under this Agreement is not delivered'as required or if such insurance Page 12 of 13 Packet�Pg:139 :is canceled and-not adequately replaced, Successor Agency.shall have the right but not the duty to-obtain replacement insurance-and to charge the Consultant for any,pfefpium due for such coverage: Successof Agency Mg.the opfioii to deduct any such'premium from the-sums due to the Consultant. L :Insurance is,to-be placed with insurers authorized and admitted to write•insurance in N California and with a current.A:M. Best's"rating of.A-:VH or better. Acceptance of insurance from a carrier with a rating lower than A- VII is subject to approval by City's Risk Manager. -Consultant shall immediately advise Successor Agency of•any litigation CO) that may affect these insurance policies. tlJ _ O C) _ co a w d E d o� e: r o f IL m as _ GC �. O J O '{ - M T v O N e- t0 T M N ti O . C7 T T M V �I m `.t N _ m E s v W Q Page 13 of 13 -;Packet P. 140 8;AaS� d m _ Q 0 . d 'ko V s �,m-,-" - com apes N O c IL :SUCCESSOR AGEMICY pMP Rip » GRAND TERRACE SuCCES80R A0tN_ CY Prep ar ton of`a L.on'-Ran" a Pro ert IVlana ernent Plar7 d Q 0 a : d a� c o co co _ O 7 1 ' M � D, o VI 1 x w tID d E KOSMONT COMPANIES 865 South Figueroa Street 35"Floor Los Angeles 'CA 90017 ph•213:417:3300 N 233-417.3311 sti%%wkosmont.com Packet Pg:141 V'A-6 kosmon r. dune 2 ;; Q:1:3 :C UM l Betsy Adams_ �Exectitive pi f Victor - - Q ccsasot Agency:tc.fie'CRA of;ttie"City of-GaiiclTeRace �n 227 '5 Barfon Roatl ' Graid:TeJraee',' A9_ 3,1; d i U) Re . Pro anal. fob <Pre':arat'ion .bong=Ran a _Pco a ana ement Plan .'in Compliance:wifh:Asseinbliy:Bili;No,144 c pear;M ..AOwn m Kosmdnt&':.ASsociates;;Jnc. doing'business.;as;}fo'.smont:Companies.'("Consuitanta o uKostngrirl' IL �0 is+pi easect to.p�es'ent='Qur p�oposai'foT`tl P[epa`ration kof a-Long Range Property Mansgemett PJ'a J.("PMP:") 'to aFie Succsssof lget�cy to;the Communify Redeve(oprnent Agency of#Fie City;ef d Grarid,"1-Orr aee:-("Cl_iet a� It is our~unde�staridiri` tkiat thA.Client seeks a_consultant-to.-PiPere:and:submit-a tlraft r f ttie.AMP in:comgliance�uinth..Assem[ ly Bil�;No 'It484 to the Ca06mWD'epartiiienfi of;Fina►ice;j°pQF)along j: th'cgifiuicatiori:fo the D0 related to tle.processing and aprovaf of file a?MP Additionally, thy.client deli#es a report summa ling;thc'conditions.assets�o constraints wytiich', a affect'land 0 t :value,',potential:cle�elap7rCerit,'u`se sale orIeaS of i�he Succesoflgencji's:pareels: a` Kost iori1-=`Companies, a ter ti ed Minority Bus'iriass Enferpri e, MBE ; is a full sen io :economic c j -development, public finance,and!'real'estate advisoy r 'rhrM with a 27-year rack record of working j - with(oca6;Abyetri%iient or).ecbnofriic-;developmeri#sfrat_egies-a d reaC es_�ete;projects'that,have g ;:. . ,,..:. n.,;.. . fo 'successful; outcomes Since.`1986, l<asijottt has pertotned�a myriad of assignments hundreds of cities across:lhe stat bf Cal�fomia:Locally,rtie,. ov. d"yvorlcediin cor�munjtles.such as_ •• 'Ngrco;Carona;Ywcapa;:Redlandsr;Pomonatad Friary others:.:. 0 GuRentl`',-:we a fes5tsfing several,c{tents such as,Atscadero 'Curer'Cty,lVlottesto,,;Mante[aellq;. o Y F . i w and Santa Paula;inireparing their` 'MPs::Oifr, u61iG antl:p"ryate`secfo�:eicperience;.arc ire depth' o expertise:its:multiplty :,ateaa 4ncludmg PMPs, asset rrianagexr[ent; fscal.,,en "ecoKomio timpact studies, financial iso ;,erronomtc development,;real estate, projecf funding,;business costsl ti I comities and;land use matCry e Ws tf a"ide`al fiRn to provide fhe teq[aested PMPteervices. CD Adt orally-, �K'gsniont- C6llppMlb`§ ;recently„-set led as 'thee 1"h di terirli City :Administrator :for co Montet?ello, and• .oir staf#. i clude5'•former City Managers �� well �s;•;Directors o€ 1=coriomic mi DeveCo`xiiienURedeyero !lien., Coti�muriity'D.evelo rrient, ai►i=FCnancial`Senrices for,severai:local ~ P P - P_ m municipalities: Thecefot6;'the Kosfnept Team 'i,`s.fully prepared to mire. the derna[tds:a#•.'the Scope:of-Services q. •presented b}r the Client.land, would`be very appreciative _of :the op iortun�ty t¢.,assist the �, �r,.:,_- coinmun,t : We:efeevailable'to'discussfurt'her"atyour,convenienee. X Yours-truly; to Larry. J s...ont CRE s;�:Ko ,m. Presideif'&;CEO 8ti>'5auth'I:ieuirrn;Slrec4 35°'i17(iyit {,tiiAn�cl� 'CA '-9U[iil ph 2 `3.497:330Q: 1Y?(:3 -X7:r311 ni�ic. gsn1}itri:cdni'4 Packet Pg::142' •kosn on w :c TAyBLF bE C:O:NTENTS E .M a N d . v Cover Letter:::.:::::.::... Company:Deseript1on and Qualificatians.z:: ,,.:........ ..:.:.:.:....:.....:........�.:4 is-Ql"p Personnel Qualifications/Experience....:... .,.:.............:.:.:..,.... .......::......:.:......,...:.:6 Rele won-t'PtojeOf xp"Brier R 15 ampensaion'for Scope.of Seniices..,: .�: .,:��..,.:, ,: _, ,:, 6. E _jog Rate Schedule,..:::: :+:::::.,;.::. ,.... ... '8 C Additional-lnformatioil :..::::..::.,.:: . .:......:...:..:........: .,..:;.:::.:.::.,..::.......:.......,,... 19 :Exce"ftgris Pro 'used:to A-- meet._ .,. ,. ..... - :.:...::.... :...'.:::, ,,;...::,.;:........;.:- .::.:.: -19 f d 0 - J co O v O r O <D r ti O ' M - M d! V m Q z x W C .0 E L C1 Q v Racket;Pg: 143 pQS n MFANY DES:CRIPTION.ANDaUALIFICATIONS: _ - - e Kos�iron C:ompanies'°` N Type of Legal,gr tIf.it;rporat 6 'Es_tatil•ished; "1986" - d a n Office: :KosmQ7 tConi 'allies°-865': :F 'wer._oa.`Street SM4 FL,tos.An efes;bAF9D017=, d Phone:"213;417=3304- '1=ax�2t_4TIr;351TI �. c . ea w .Description :Kosiont:Compa�es,;a c�rtifecl:Iviirtority B�sness':Etfer(rise MBEj. isitll service a teai:estate, v economicdeve(opineRt'and puli(io'finance advrsoty seivicesfirm Hntii'iif27;yea `h'is'to of.advising retie e10 rienf a-e-,aies and oyerseein- sstate ic•po"'e' eirses :aiid. dispostions�'for-publio n. a`envies; O%ir:eurerit focus.'i$'on=Fedevelo rnerif;dissglutton:end;we;offer a cart `leie:range of service_ :c_o_verinJ'.redevelo"meet dissbludon,.rMeal esfa e:i4nsac ions;e�anorrties;;project f finance, d 'trans"'&-foil°sfructurin ,ne`"otiations;:lat tl°.,use,entitfement_s;-. lanrain .a dt; ro ecE implerrtdnf9_9 othahe : u51-' artd "rivate-sectors: Foandec{ ii 'i'98fi, ;Kosrriorit'Cgm'=aniesnas"a "i ;�eci 'riize ex-ert`,?ir '":economic kdeuelo' rierit :and' reab ;estate ' :ro ects "fir voly�t R p 1. Q i. riblrc/ ri%a a.tr'ansactions and-pti rsht-s. d "Qual f cafions : a: fn°`.fi fe ence';to Erie a$si n ent,,'Kgr,'t figs,e"xt6WV-d cnbi_ni ed a'of assot•.eValuatiori, :asset - a"drt'ro"`e` dis'osition strff` 'ies tot::":ubl c Ja'ena oviined± ro'eit 1041101u i of t management; n ;p, PY PJ o., P 9.. Y P.. .P._ 9.. C if in a; OGr'ex ertise in PMPs'includes:evaluate' :entitlements;:restrictive;coueRants;TEAR, c Wd'- .f oh_q: `roceeds:title co"d'itio"s aid:easernetit5:'Ko`srrtont-,is,ry resen f y"as`sisfin Ih'e 61,6b§:of Atascadefo;Culver City;Mo esfo, lUlontepglio, Riverbank and anta•Pauleii yvitli'tl7ei ;p1111ps. o in to s ofi redevelo`intent i_iissoluEion, Kosmonf`is sereing,a:iiumtsec.ofSAs find iLAS`:aiong,Nth o din•. ,P .; - 3- 3 er't`' ''ews.` osmont `'as c went.ex-eri'nce:wakin' dent.:`�+iitfi o '•eanduc#ing several:of the r;Qe eve K.. - _ kt_;- u _ P - , -- 9 Y _ ti �;. _ ,the Califgetia,Depaitment'df Finalice;-(:"DOF").and:t�v.;ersihtBoars: o :. c en RDA.DisSolution;•;AB:1:484: PMP"services.Offered: c co Successor 4genCy,arfai , ,versight :board `Qisso.�ufioii ;5ery ces:< 'Kosmont :Cqm . nos is v detained by tt e;D:OI=to provide cQmprgh..en6n staff support to six of`tfie seven agencies-known to.:�.�_ under ABxI' 26 as "Designated'L;ocal Autf o.hies. •Based'up'ot the firrn% long;and ,succe5sft l Y "back •record-in the'-redevelopment arena a�td. its cuirent rister of:�eaily a dozen tlissofution Ni clients, Kosrnont is.'itl04y--suites 4to assist Successor Agenc es:andrOvets grit$nerds with=:a,f rahge,qf dissolutrorl,Buttes.from prepanng Recagnizedbbligatrgn PayrnenE;Schedules.(BOPS}to t _ comrtiun catiitg with the.DOFand working_with.bond:tr•ust.-, w c Long •Range ,Property Management Plans:' :KgsfnbhI tCompanies specializes in: :asset management;plans.and abeenprpan eity'.tap sed stra#egies 'for over 25:years fqi ;- - R redevelgpirierit agencies; cities.; oou!Mes;. arid'gtFe� punlc agencies. ':Kosmont Co1r�Pan[es with Kosrrionl Realty Co tpany, our full service brokerage and firlancmg-firm, h- the'necessaryikilis Q • - _ Packet'P;g::1.4_`4''• ,to: effectivety prepare. and ppeqeo s.M.anageiilent. 'Plans; .for farrrier meat E " A6 A.-Of0ho RUP'. 16,fdenoies.rriay'6nefifrorim 4 'i�96iqtibh�Orbi- 'e',A'B 1-48- d- (.OtIx;f., ip"00f ty p.c P_on Of#p §ty 4cr fUtm, 66d;f4bodio 66 d 6116666ftsi_ F rlprqp"01 tftgt,:Mq6_t.bp 801d,k6stroo-Df-io by fgr-M OOKthat may'[�qt 00ve 0 U Perin of the itY. -FM#OOjgIA ry 0400 "5160, W bpncj,�O.wRh property a 'citiesii68 I Qn An PS 1nPht"s. The fi :offers "dA 0 c q, up essorAr-nQ0 ffi,Ak&'awiit E an M ii�cfhb,'tA-#O k- "",Op" tSf qr F0 mra Oil) RDA)Bonds pursu'snt to/�6�4$4 . ft.-'V61pift S 'W!AJ 56'rid. n '6p"i 4s -&U-rr&_ntI'y 466 Fi "Ojb -he q d CL 0. '64 p! t -1:6WA04-4 d'—f pproop .T Vn,!n lf t �'-ff�Q5' 'Oh or Iwhldh A k _ A X-dwfibrit ili6 serves as the.real d6t6td bdvI6dr:'f;j f sI6ygeb,i•tAI I SbU*ihWdtOPlacentia, -6-jdcih 'd R-1 bgabh. Our fAW,in'd Ion'evOlty ar td iih bd6qd6,' �i "ir, ,fgr 41, ,Cblif�ffiia clues.itpp 9nan 14 P,00e qprnqnuE' p pvp ppmqq co t'QjSt,6jUtj q_,jpmPt'_�jnd CD 9 _ 60646"ni b 10.V"Of th6past ;Napa. 't PI Ovdkih�O f Y64"iAM.p 6t6d ii4 (Ughtthb.PM06AY M emen �pj or anap �,M�j6,19 7 0A.LON i-AnnU61 Vtd C644enbd •"t6fi was -h,ftehclea 4p,,111 5 a.0 i pray CD CO) 14'�., K6W6Mjbd.a W4bl(igir h "Ofd& '�-�rrorn D 44"A'Oki6h jtp pqvOI9p#,?&qt . flo w16 Uhlock hi- , j _ P' : M 46r ffie California„ M Cl) sor I Ap-960MtI6rQPRA)_'*O`t,w i6ftd_ b hearl 'q ei�iqlpdritg,"ilia! AbOO , I ps,a y2b u6b mi p - kgscnon ' ,. CO�IPANYPERSON'.NE�.;QU�L(F;LCA�I�OI�S-• - _ d . ' Kej%l ersonnel '- � -Nlr.':Lafj(r Kosmci#:vll,ae,th"e`, ii�jec principal:responsb1e" Qt;ttsa:pcoject; d p., . - <.. TI`i - ,'t o ane§ whit d Lar` "J:fKasrrior t ARE,.is:fhe"P� side,,-anic(�C.EO 6W�s orlt.Comp. l 'Ile unclad.in a 986. °Kosmont Cofiipriies"is ail;industry y leader an public/," rlyate T' t s tea[ ;estate trar158ctjgis; ;economic develops °brit ydnd? ubiicyinance: Iri:�2Q09; he �a W "a ' :cr`.eated the`KOsfn iif Muni :l=loazoris ,F nd wl ch'sourn s ,pnvafe;fii an.'c[ag'f r N "ufalic,. ro`ects;,P3 initiaiives, infrashvetu�e ing and.,econbiicFdeelopment, rt.. T,. Mr Ksinorit is,-also Managirig;.Partne�o Rntssanceqminuriify Fund, which v i vests and..develaps rn�xed use; restdari'tia[ arid;',comnierciai•pro�eet's thiouglioUt Califarriia,:and a Principal.ofkCatifomta Golcie0,' Gn l�at1{a'iprovei Eta=5 Regional a •center. _ , ._ _ :. _ d ' -y 1Vlr,iKosmcnf eetved as.:lifer3rxt •Gi Admtrii&ator,for=Ihe;City":of Morltebeflp, CA. a� from ;May`"20f 1 ;td`,Maicli 20'12 as ,past.fQf"°.a::;fnaricial tiirnaraurd T assi nieht c • .awarded to fC�srnor►t Com aries Froth'"t 976.tq 1986, Mr,�Kosrngnt served'"l the � �" rotes 7of;City`.Manger--D'%actor of"Commiupit ,DeValopmersti and aRedeVelopm�fi_t f 'i3iectoF(n.;fhe'cities"of%Saita:,Monlca;`Seal',Bea�Ii BeI1:Gard ��s : ndBu�etanit:, d �.. r , , Q. Mr: ;bs 'oats:37=`; a�.caieerricmpasses,ptibliclprivte:#financial"structuring end !. ne otiations :development;;., rtd;manageitfient f 4&1 gsttata :an f.;pttt l c nrian'ce ' t�nsaction5� eXceedtng '$'t2 b�l'lion ,�He has: .aii ;extensive^;track rsccird 'as public/,pnvate steal,es ate,-consulfent'ari0;Qublid t�iance'; d.Visor:."t111e t<os,-in q i x#ias , assisted hundreds:af"local goverrett agancies'in_.public trtnce Arid reel estate. matters-,r;3iigin =:from large=scale economic:d0 0 OR tterit,=programs,fo.slte=specific teal,Esfate strategies .aiid ,pr�lects t-e has guided oven,f QUU private rsectoi' oo " pcgjec$sn obtailirg. ,piilio :approvals, stcictianrtg .deal Yteriis{ and ,seunig" M public%private financing.. r 0 In.='i,994Nt�. Kbrnant-coi�ceived"of..and creeed,the Kosrnontose if:nstitute` osf ti ";. of.-'poifg; usrnass:Surve} , recogr�ized as the.industry$fanda�d sfgr comparing city taffies-arid economic incentives. The Surve�C coves Over �b0 c�ties jri:;ND states, � and l , lCe 6 : wsied1s pubfthed'.' nnually by�GWe _ Cota7ecial Reel :i=sfate. SnTice P�ofess�onaC of fJ `Year Gy M. �a5 Aige(e5 co BWOO}ss,Jouma; v • FI ;Nit; Kosrriant is':e; registered";Municipal. Aiwiso v+itEa"ffe:,'IJS. Secl:i.rities and Excl ai ge dmfib ss6-il a=ii�enaed teat estate broker in:California,: a;designated ` ,Boor gf.Reai stafe CRE�artid._has.served-one a� 'M1NUeoard(represented City of�Los Mi_i es State Camrii�ssianer=CalforniaCOnOClllC pevelopmaiat Cgitmission `II-C Lus[;enterfot'Reat Estate='8gdrd df'D'i ectcii x :LdsAngeles=Gty rCatnmissione�r'jdustris_I.iDeveiope�f4ufhar(tY" w �,Cal�fom�a Rdevelopriieit Assasctahort,,(CRA 18oard _ d w tKC'(Low Income Cgnirtiunfies}t-fousir�g Board of.Director(acfive). c r CAlED(actives - .. .✓, - � City-of HawthorneRedevelopment Oversighf"8oard(aabve} �" :Contact,Inforrtt`atlonfor Lariy a 'ICosmoiit;^CRE. Gel(:(21_ 5g7=9po0=Email:tkd.�'mant@kQsmonf.coir' Packet'Pg."TA_ - :Susan' .e` lcs #s a Part-e with Kos ant-C i <arties°::'1IV.(fh.'20u,p y"eats ofi c ex-erYei de:'in eat..estate#�arisact on .land us'e Intl;' ianiiin 'i, Pei `MOM09 e; carnpiex assigraFnents volving assef;.cli�e.'`cIiligrice' etti{ernefs .arid ublic d 7 Tr r. pr. g .�. ,. 'approvals z r► 4ehalf of a ad ;range cif pnvate :sector •.'U''slits: IVIs:'Pe,'Rji is '' ro ect liaisb' o Knsrrion#:.Cornganias ;princi a[ ` `j ' r�,=t ovate,eeato :co oai(oris ublc p p 3.: w. p rp_, . pu v, a enCies,developers,lenders,non-profits arid;I EiIN "' Ms ,P:e ry s an,;a or ie�r:aid.a.rraemtie�of it otl file State Bar of"Califoi=r ia,;an t#%e ;Amgricar Bar A s*oc atiort. end a registered'.Municipal Ad�iisQ�C wtth the ii;7. = S;eau'rhies-a c1:EXx i n t-e;Co�rtim ssio�i. SEC: .She=,has•seiy d a `°Pees(der =af t, e k, r kj'. Southern Galifori�#a De�a(opmertit{Forum anti remains on SCDF's Advisbi�jr$.Dart]: :She lipids a•Ba8helor:of-4rts degree<from Upaverstty.of Kansas•.and a,Juris,i]octor v from'Norfhrgp Uiiversfty School of Law; 1 information''fcr 5san a :Csll '(B l8)606522-Errraiii Sperry@kosraoriteom. c E ai - �C:.:1Nil:Sofilt,.,Setior Vice Presde�f;;at.,Kosii�ont`:companies functioris;:aa. the � j; ,firii:s ifinanciar:arid.'in5estrneritsf�ategist#ar,public private dials: Pr►ar fooinmg ' l Kosmgnt;.Cornpanes;°I►h� ,Soh'olt ti�iaiaged•;rrare.tfa5,;tecfeelopmerlt protects c. ' with'sn aggregate project cosf of;;$.'140:rriiilion Mr Sholt`s analytical capahtlifies ° 'eitken, `,ta :ec6noniic=.,and;;geogr `; id no'del rig,'fea5if j(ifq irio,`c#•plii g,, ;a qil#sitibii d 3: stcategies,,deinagraphic'pro�e " o s, end data fining: `cti'n iri r;Mr..Saholt;has au late'nt j Y ' _conseij tis: °t i l►c r5gp •crgative ;prig.em --sglO g,. an ,-dentifjrir g <opport ii hies to i ti. { capture fiicfden value. ' ' Mr,S.oholt bb(ds`a [Master;db-4 tress.AOMnistratign from P.eppe c ine'tl,niveisity .. and achelor'of;?ofeftee rr]]roan Planning;and Reat Estate7Develop(n .j ,froril. o ft e-' llhiversity::ofi S Snu'ti a ri alifom a� :tie. 'is a`n ?iris#vctar irt,"teal ;state. (. r;., �_ x Development Finance `for tfie California Assp�iat5ion' 'of LoCai.'�Ec9norriic c Oe�feloptnent(.�ALEp). - . c - Coaitact-InfoRnatior�ftir Wii:Soigtt - o Cella.(31q}7�40=5681 'Erriail: isoholf@ktisiont:com ti co M Dan Mass#el116 is a .Senior ice —_ President s"� i?Jtal#c `inance �ivit�i Kpsrrigrit m Companies. IVlassietio brings aver of,pt6 - i .20 .yea rs: feortai experience in fY e Pililic Finance industry to KbsrTiotrt Companies litlr.`Massielio startecl.:FliS'.career rn itiitFt'.an east coast fnancial aduisory,finn,o'iid has:beet; an investment 6a :ln ai GA do � �. 9. __ t . ';years: (A •Vlassiello'fias-slrucfured ;srid`brougif-ta.`rriarket>over4 'billion df new money' and .refunding trarTsactons to market for Cities, - •;E edevelopment Agencies, Sch-dl Arid Gohnerig atty College Districts and vpecial w 4 pistiicts. :Success#u11y .completed trari action's_ .tnciude"<t erieral'°Fund"Fi ancii g0 w tCaificates- of parhicipationj,_ y'fax ;Increment; :Genera( ?"Obligatipn, ,Irstafirnet d purchase, Lease Revenue, Fevenue; :Special'Tax, and Sates TaX' supported z financings. A significant_ pgrtion. of"these"transactions involved unrated challenging credits,,which have garneFed Mr; Massielio the abtiity,,to enginear vueli- a structured ph marketable firianc#rig vehicles tFiat':corisistentiy tricot;his clients' nnaricing goals aria ob�ectives:• - - - •• ` - • `:Packet`Pgs,1'47= SmAkon Y• ;1V�r:•;Masselli%;eamed:tis':BS;in MandgericntlFnarii fr_ om tfie.State.Uivefsty=of c New (o-flcY B�ng�iamton;and held Series 24,.=7, apd E3-'FNRi4 ticeases-'whi(s: S pernpYo�e�;.by.�:Bfgker%j3eal'(�urr�ntljiiiactivea, '• - - - - d • '� .`�Contact�lriformation for Dais Massre119 Y! tm Cell:;(858)220;3445=P.h) as`siello tr ont:cotn m .d to oc Vice.P allies, An :Kenneth. K, lima selves.as Seri' fesid6rit,foi Osth `:Going,"" 1" oxperk in:�gtaif.de iel(pment ancjstrafeg es_far:�efail_attractior%;xMr:,Hi�a'has:nee iy rn - irtuall every. as eGt afi;real estate fwnancin , o 20,years of•varied experience;ii.Qw'.� y p f r g ]oyyn own revifs Ization, ui5 tion� nt tierce it .de�ieio.,prnet t;'asset management R and disposition i1l[r Hrra"s eXpertlSe,is 1ri:li en fji rig 'eta►1 tenants:ar i ;negc�tiat�rig `}retail anti •;mixed=use,_',projeGts .:that.=can rrevitalize coillrnunjties and` "a'ssist .in :econi ni'- del+elopment/taxgeneration pfograms: _- :E m a #o:rrrier E ecutwe Vice ;President of, the•Irvine=hasMd plkg440- developer, Pacific.Century Comrrierc�al, Mr Hi�a:-+managed a portfolio d#over$100 million:of I xeisil;:sites,.while operating,the cainmercial'div�sion of tlje.company.,P�[iot to tFiis, Monagrng bisector of:Acpisoiis ,for` Westrust antl; a Uce president of �' r. , � D:evelijptnent at l ewis C etail'Genfers�.<1 e_ei�aluh a#=and .un einirotce;�htt dregs of Q acre '�uf larjd;,sticneafully ca�fured:and`r5egbtiate enchor tenant co IL { find:: d velo nt: ri red. veto rite t arld c`r'eatin $fQ million of value=an,gro. pine. d vas' espotisiti[i3 for "BQO;OOA, square:ifeet ,off retail' entitlement, desigt k a%d `development. As Vice; Presideit'df'GMS Reotty; ;llllj :H'ira .enf_itied:. ore":million �_ square`'feet cif.tetail development projects,'.as.�nreit es .led':tlae :acquisition,of.:2 Im I. nerghborhoQd and coi»rnunity5hopping centers,=totaling 3 mlllion squad feet and;valued+at$375 million;anti or anized.a 2$7miilian'eca italizatio , r .. g 1111f:;Hira"holds;a-Batt,alo degree;ir ; cortgn ics and''Business'froiri: co CD UCLA;and As; co an active vgluntee'_r leader,Df the i(nfernat�onal Council yof ahogpmg 'Centers die: c r y+ servs;as file (CSC Sourthm"Cali#oriia$ateFDirecfor; fi�ie.pre"v�ousl� sefving as o the 1C9C program. Comm'iftee .Crisis ai)d• Alliance C Chars,, advocating public= private :partnersliiPs. :Mr (ira :is ;a ceg'i$terect Muriicipal'Advisor -Witfi.the.,it755. Secmntres:and lrXGhange Commission o Coitfact nfotrriat on for KennetFi'K!Nk , ,Cell:_(949}�22fi-028.8�;E_mail_:k�ira@ka_srnpif,Com �C'j. Y ,Aubf LEED green As od ate Senior > ce °P esident t Kosrni5rit Companies,,: has .oven'ten ;years >experience im the .detailed tnalysiss of,f njfill w •:d�vplop Ont He has,wOfked Qih,various go,remffi i I,.,nrgan)zations ott.plaoning. x and devefapment';issues re 'ng to 'inf111 development, as well as, with,priva#e w developers. 'l=le 'rf as' worked olAsely,with °thM City of 'Los Angeles Awnnmg -:De arfrrliei t; .file Caen of_;Los.;.AngeCes<<Pianrnnd b'ef- men.,;.and, ;thy;.Los d Angeles Community,;Redevelgpment:.Ageney. :Recenflyp.he served as a •iroject = timanager for e,deve(apmentafimi•-;foci sing,ori'workfo ce housirigjhAN6':Cii_ji oflos o } :Angeles,."re lac inns involved'(n file developanent of ne:infill cgnc(omintum"and Q Mown hdrne pmjecfs as Weil'as assi`stiig with acquisition strategies:As-o real estatd consulta'rit, Mr Aubry iias aeen;involved'tn file underwI 1pr9p, Ypes • - _ .. •�P;acket;l?g 148 - includ_'ing, muitifaiiliily;apaitriients; retail:mallst ia�ban .h"otels,.,and.infifl, resideritai c « m developmeni "He-,�s;aclepf in using Geogcapfiic informi3tion:`Systenis (GIS)fior the. d ariON isapf transit:oriented develnpmenti.an othefprojecf types d Mr: ; iibry;F offs:.a Masters :iri..Real:.Estate:DeveloPmein }froth•rile _University - H Sputf erp Cal fiomia�;asweli a a iUitiaste s degree m&6graphy from,the alJniversity u of-,California Santa 3,4ibare Mr,Aubry�s a member of Ih. 'JU�ban Land fnstitute He• .� its >alsii'a tegisteieci:Municipal, ; dvtsor with'.the. y Secunties, end Exchange v�..Y _ _ • ;Cor»tissioii;(SECS: � y Contact Infori►matiori'for;Ryan Aybry, 1E15, H •:Gail;(2i3)500=721:8_=Email;rauEry@kosmorltcom o ca • a Joseph Dieguez is a Vice , esident wjth ,Kosmont:Cornpanies, seniing,-clients c=, - : E pitman{yiiFough market.and.financial analyses,fiscal impact and;.economic benefit d I Est idie5; ,6-hsact qi due diligence, Ovo n-, # manageq,,kgp seruice arid' i Fj terketing efforts Pnor.to joining Kosmont Ci?rnpames,;Mr;Die ez served as.a sen{oranaiyst_ata�feal�estate'inVesfinent;.d@velo`,pment:and`finance;tirmand:;as:an � � ;analyst at ;a financial se ices ,rnana emgm consu{qn firrri' `responsible fog, ' {idr stry at ortfol o:and'. roe ` lave resear h ar ,anal GIs; ne otiations c. i - �,1ria k' .P.: ;P ;P:��Y=.; . :_.y,_,,. ., _ y g_ y;r, - o �,.,. and,transactioii:exeru#ion?sujp,Qit: Mr:'.Dieguezwas.'previousl. at:assi$taiat;".ro act L .r. y P_ j- a i •manager at',a iaonstniction managementfirtn, <wfaelre he.4assisted witFi :develop[nenta_nd',prajc�ct:iinplemei�tat<on: � - c •'� Mr. D{eguez ,graduafed'NViith a ;Bacheioi•5 of b6lence- degree an U"chanical Engineering',roln;the=Massacf use#ts aristitute;of STechnolo y and;is ua.t eal. state o a Salesperson licensed by'the State`'of California;Rpartmert":nf'feal'Estate and a .. Tag stared Municipal Advisor witf ahe-0.4,-Securities:and'< xe ange commission: M CD - - _ '_ �Conta'ctanfpmiation":fq�:Jose II�D'ie Suez ,. -� - V • Cel1;;�347 731 53 ail:Jdieguez@kosrr►ont:cgm c o M Ilftr Geis Jici#a;s•;- wiot-,consultant with.,Kosmonf -dr pari es. •Cie;brings ila ^`viiealtii: :of understanding' both 'municipalities- and real estate ma"rkets with an M ,6g ce.40 fi l understanding of inland California cities. Mr Jicha's expertise ranges �i from la iitding,; rid.guiding econo�ri'icT.developi%ient.departinerite and pr6g ams:to. m ;business' v6velopn chi ;His: If .years -of ,exp6dence as,r a businessrtian ,and entrepreneur.along with;6 years expengnce,.Vvtth a'Gourity rr}unicipalitji creates:a m . ,.. i unique,Blend of•,expengripp,:fo,setve;tiffs,clients. Mr:: 16h has been in"vo{ved'iti 7 a ;busiiess ecquisitigns .and relocations as an entreQrensur and' ,provided -site seiectian,irncentives, vilorkforco.deye{opmerit and project en_tt#lenient& permitting sery{ces-fo'{arge•corpo�ations and businesses: f w " Currenfly; M�..J cha:focuses 'ort ;praviijing teat estate aril :ddvelgpment.advisory � l !.• services° luding .highott best use studies, market arta{ysiS, rgtaii. demand studies; :arid ;finariciat. analys_isireluation :and 'iimplernentation: strafegies :foir riiun cipalities:1 Southern Califi rnia; a - i'" .-... .. - �_ -- Contact,infonraticn:�Cieis Jicha - Cel{;;(951)"2U3=$Z30-Emaiis ej�cia@kosmontcom P,Packet,`Pg_140' ,8:Af 10OSMAO_. . Mttifuz -Razav;ys:a PojeGt Ana.lystfvitith:f<cj4�rilo%�t E:om,panies,.l;HiswfaCusis rin _ .{�. '( y-; -'.i.•1' Y'- '4 :r•, J. T.� - i •.. yew..^t.ci•. 6 % q _ E arnalyzng pwb`lic policy, eal:.e"state,pnd',puflic:fnarice:relateel issues izds f a. i i .- :y d peam to the developmentfocess,:t�nor'fo joining KdsrnoitC�mperiTs;,Mr: zazavl aivgrkecl;for the CMB$;Onginaions groi va_fcCaritor Fitzgerald iri Cenurji, a Cii..,He rundennirote. 'over :$;.0.0 ,million'of `new :CMB '-issuances :acrgss ;all =,. . pr".ap rty,types ai d:peifoRned due dil en+ce:cn-loan bo"rrowe�s Herwas also lresponsible fof creating c gfl't-�rrpemos,sfgr committee-apprMl.Mbf-iito�ufid'in U) ilA A7,avi ,graduated .from ,tile;bnfv.664i. bf Sizutl errl co**s 1111arslI � =School ot;i3usines5;uvjti a bsctielor's degree iri.' ina7ice,. v - - -- ,Contacf lnfanriat�on fior iNurfuz�Ra�a�►i �° O'ffce:,(213)4t 331Q r Email mraza��@lco5riipiit.com n; — Peter:Eyenso ,a'f'roject Analyst with ICgsri o t C.omgpni a°, focuses,664eal, ea'tatew financial;analysis, oconomic research,'Jand use, rnarkefanalysi5 aid :various ;rriatkei afrate les. .Fior to oiniri~ Kos'moit :G:orn'apes; -Mr: Evensor .:NigfCL ked�3n: qt isness=.de�el_opmert=;for:=the aJniuersty=of 5:outhsr`n ° atl is a"u i; o seal re''`ortin an' .anal:' fs .-secu in extemal'=fui-din" d ' C� fom _.,f,.�., .n9__.n f.t, - x:P 9.,.-...d ,Y. F,. r, .. 9.. - J �.r ov$ seeing budget 'sor tracts nand: •grants;: and:;;project•t;mariagernei . :b ptov�ded m depth VIA!11ity studies and tireeared operating,.budgefs, .capital i `" K__ - budgets,,ircQnie "re=projections:aid hu5riess"' tans for r"o ecks fn�ezcess of c } 4 _ _ p._ . , p. L : . _ o z: :$1.5,imillioi 6j :Mir:, E7.vensori 'holds- .a '.bacl Blois dear p"in: i3usiness Adniinistration:.fromco Chapman+uriiver it y an,d a Professional C'ertificate`•1n Contracts:and,G,Ois for CD ;the, Jnve Sot nCaiola • Ith ;?mW% mP On't_of elO Cu[ver;City n ToastmasteFs;gFoup and 'is: curcentl�r m tfie:;process of becorrting ` license Real:Estote;_Salespersoti in Callfor%iia: CD - Cortfact,inffc[niipt,�tot'poter. vensan "Offce¢:�213. 417-3334-Email:pev`&ISO @iiosmont.com m Y x w m E t eo Q Packet!,Pg;'1;50_ -Ios PmAo n . 3,A-VANT"PR; OJECT`EXPER(ENCE - s d pe6j$6 1i6i ia-lid en f:Plans;(PlI%1Ps) a kosmtznt Coin`:ariie'.s_ is :eurrentl" . ssstin fife` Cities ;of.i4#ascade�o� Cu1ve`r.-Ci ; Modesto; , Open Y _ �;g t ... - „- ty Monte6elio `Riverbank,and :Santa Paula,with the'ir,.'AB .10_,;,ma'ndated :Pro a ,Maria-errant .d t . P-. Y 9., u� Plans.. Cify-of.Saside o -,N1iXeal-Use' � Ko n`tor t was reta ned-f o prdY cle Seasjde!Redevelopnaeiif_,Agcncy 3 i►1tF a;Project ;Feasibility a 4utime 'for It e'WV Q 3toadd Urban Tillage fnrxed use fitirary project,"Kosmont dvalu* ex stjrrg_eotldition5,with respect fo conceptualized,project,do WBUV Spe0ific.RlOh-Ao.,,$rr�o�t also r a, ..•. r -. d evalraated fp`rope`rfy acquisition• antl relocation bwdgefs; development s#ra#egiesl.0 id t. poleritial "ro`ecf delve`:' rnethodi lo` lies' RFQ ws; construction-riia',a lament a5 it}efated.fo ia. a carat:`c=mixed-ase lbtar -, `'akin and affdrdatile aousf' iprojecf:,Kosiliorit:coordinated`with. arcf ifect on;coriee"#uet.: an,and' to a_rgtl'sources and uses;fCL or gal fr�n ing wtiliz tip.gi ant.and d IaiNtieomm.lorasin cirig 5titegies: o s ��aliforn'ia:Deiartrienf:of F�nairce � �?edvelQpir�ehf Dissolifion Seivi+ces I osrrio t":Gorr`anies-VVasretainetl .b ttie California t,Dpaifinent of Fnarse to..p'rovde staff ; yo. t_ R.-..._5.. v .Y _ .,.i . .. = y., go pp t'to siX:of the seven ehcie-s khowri Cr6d AM 26.-aas:a:"Desi nated::Lo'bal A4hori. KosrnontsTddit-ly•'assisting 'several :of `these -agencies .deyelgp a 'long=range Property z Manage[netn`.Planatet.goemstFre;use and i3isposal en a, (RDA) o ro 'e res. ased ai on e f rtn`s ton ` ccessful�f�ack+record In the redeveto lent ereria;, CD Kosmant is id'eafly suited.;to.assist;the T)Lft:irt•payil g`exis#frig Izo d debti folfgwing;througb.'on o pre=rrxtsfing contfddtyial ,obligations, Main pin reserves, enforcing 'former 'Redeveio[rient M Agency tights to protect and i?anef'it tiondho tiers and re ann art adrntnistratrve budget and 1. , P p.:, 9 - r Reeogi izeii•Oblr anon:!?ajirrienfScheauie'(ROP4 The D A-0. morn' assisting are: • toa Banos.D signated',W64-Authority :+ t?s'itio 10-gpch Desi§nafed`_664 uthoritj► Mendota Desig(natecl Locai F►uthority F�rverbe Designated Local�uthonty • `Merced D'esigna#edocal:Authontji Santa'Pawla Dssignated-LecalAi.ithory Y Qi w Cii`v:of L�.yriivood ' • s - .Vacalii.Parce!In:venfory w 'Kosmont.inias retained>by the:City of Lynwood:fo prepare an inventory:of all,paeels._w,tthin the a Lynwood ciijt,limits:,:Tlie:Cityls,goal was to`identrfji"vacant parcels whicCt could:be strategically targeted'. fior.radeyefopment ar acquisition :ta reduce !blight;-Kosmont utiliied'.-iGis ;mapping a tech pogy to create, , master 'iayouf for the City which Lynwood :could tj lit orn`a.forwa%i = a ,. - golrig;fasis.. 'Packet�Pg': 1:51,; :c �Cityrof�i4edondo:�Beach E iNafe o i't.`Re i lizath - Kosmoiif ts'cutrently:retained:bK tEie Harboc`.Qivsiar .tf:, ie''City.of Redondo.'i3eacli'fo develo- a anci''eXeciite. ,aii�As"set 1ltlar emen't 'Plail �vvhi li"'.(nclud_edY a s_enes >b{ nolicie`c fior the -. . . .. _ ., 4- riiana a"`ei t'"aiid ':r"clevelo, mefit ;qf ittie ,tease666,, oii� he 1*50 ,acres that :com rise th:e i'_ P.._ .. Reddiido,:Beach `l?pier•,ana zurift diri bv§buted in:: 0;1,2 y inciudei tviio Yea;;'=[easeaacknancing'structures totaling''a,pproximatgl�i $11 rriiliion �'105%. cc.,(X. VA.financing 'and posftfye gash,flow,,antl:two'property acquisitions #otai�ng •approxima#eiy10:5 million. 0 Kosmont ,deiieioaed :strategies'.,for !'nevus ing iiasinese .(nvestirie A•and; .asse$sed with �o min of opt muin,t�se.and''fertant'rriiii o acFiieve cevttalizatiori,"goals ii bsmont'recentiy r. completed negotiations for tiiexShad0,Hotei (Zi`s`lis'.Group); which is proposed luxury;boutique hosptalit-, facifity.t n'eland owripd�by'F ivCitypur5uarit-to,a>ground lease'ptlk os_ry ont'is o�irrentt� �, retair►eo esbUsh the fiig est anti best use.of f e- ive r f `° 4as h,; ti ,- h f`}: pcoI, ,ft s Under City cai tro which a in�rotve tlie:negottat on_:of rrm iltiple,lease,'firjaricial hilysis;,cobedii atioi pfi the=RFQ.processes 2 !' for;Arid' evelopa.ylropeites_`:a_ id;genel;fransactolnal suipQiC#' s'!pertaming ,to hotel; office; ' fetail,Testau'r'ant ai%d7yisttors .rving:arnep.njes: CL a. sCrfy-ofl'lllott`tebel'lo- - _ � 1 tlnt�erim CifyAclMWISfration;Financial Tar aalrou of ;Redeiieloprt�eniiD ssolufion :Tile i#y_of MQnteEaeilo.i+yas:caugi -,,W-(t;out efie;i ari o�`wf2e- ,tho U.S;recessign t it,`as•it_hail J y - ao $pent its�e'serves`a id suffers from inadequate:aii ,outdated-accbuntiri ys_ems an&,records' M Courici{recalls; ;City Ad ministratorwacanc'ies.and°i igh'turi over;:a.:Fti stile;erne .eri�itontiaent, and:negafi�e,media atte�ifon sternin ng'frotri rumors of 4ann riiptcy and a general'`'?Iookitig floc o :the:next Bell",ri enyali Kosirio fit' ;itias`retained ira illlia 2Q .,1=ft rovide-ilb efi,iri c ''Adri In 5f rater' r N.: r .-. ... . 5:e(Gices wl (e;ei gi Bering ;a,shert.:terrii financial 'turria�oiand a.rid recom7%Sei cling,a,Five=Year Tina oia1'!n CD'cove "Plan: "` ry ch Under°f_le manageraerit' anrival Edge#wes'balanced aneh adopted ai+}itf La =sw""lus. ; :aid -a: Five=Yeas: inane ai Recove ' ;Plan 'and .a set of ' ;yii in Financial Princlpies were'app o�ied` in Jeuiie 2U.t'(::Tide,.City's.credit:rating'was"restores[, and`.a Ta and ReY.enae Aht�cipa't_iort Note,(TFt%�N) was sold mr,"C-0 iiq o'fder'to address N i ph'it=terrmi ''cash' Pqo t h:urdles.-'Focus wos ether shifted to. osoiving stnaetural and :capital 511Prove'ment deficits rolec s]ror file next five ears' aloha wit :until R Win m_Qr I seven a its w in sjz arrontkis :(e:g: ;HUD; State 'Confrolie%, ;bond.;�3nsurer; =FTA) ;and;the.";;co nplgx 'task ;of x a w redeVelaprnent agency.;dissolution, with Dacus On strategic'municipal asset and debt-,in venEory re-aration andcawt- 1 9wdocuinentation.a5 to u tedrfi` slew/ircidified:Sfate,le"'isiatiori:='I -order fo address"ihese fyfiure obsfacles,`the'.Finaneiat�RecoYery:Plan,was•{U dated to;incude,possibfe cash;#IoW adaiJstments`(e.g.'tiax measures, service cuxs , fey potential; cdnoFnic cleveiapment v proiects,'and a clear rodmap to keep Financial'RecoveryPiai °impiemen'tatiortin;track: j a' i2 ;Packef='Pg 152-�- kosn�o�•- ' .LAMP 5trgicReal Esfafe Plan E Ko sent "was ietaiiied; ha Los Angeles.R;Departirieiit of;Vllate`r and l?owe_r (LADINP)'fo a`, re are a $trata tc Real 1="stake Plan;for extensive, roe c g f a P ,P,,, r _ --.�_:;9 _- -. . P p rtY holding`s iir%tos An etas Coun The.plan includes tFie Icleritificatian flfpropettie's`tl5at:have.:been deeriied"to be. "Surplus" aitd. .� ptovidess5frategies for divesting"qfi these propertie r a;wad That Inaxirft0$,vslpe gain The plan_ also :addresses that cart * :gained 'through cor soiidation i IA P - y C Soiltli,Gate -Kolas retalned by the.City'.,of South Gate•si�ce20t)3, and seriied as tle:�eai estate,afirl m financial advisor to~the :City;ariii Redevelopment Co[rtiriission'an inu(tipfe reaj estate projects a and Sites 'inclu"din• fhe�fpllowidg.- _ E ormerC;os:Ari'"ales Coirinur 'tjiCol/age°Districf,%.Ameroi.:ste ,On ha,'Olt aehalf; cc Kosmoritconducted,#heegotiataris_fdr a 30+•,gcre:regional lifestyle shopping.center As part_of . y.,. that:'rocess K95mont de'velo p ed_th_RF.Q:and?I%el-`ecf#he_;Ci select:a devel,'o�fne�it=tea�i Arid 3. -% - negotiate:the Purchase and' Sale;`r.gement. .Kosm00t dir"acted lho Clty's acquisition Qf file Q �. - J o Pro er,,y from; ;ttie rLgs:Qogeies omrriunity'°Coffe a Dish ct,acid lte=sol�t the ;properly to.file a �. private sec or�deyelopeF_oiti 41ie,5ame day in a back=to=back escrow Prd act:design-oniitieasing, were;negotiated Additionally; Kosmont,aiid the City negotiated wiit(i:the developer various c public.teriefitfces and evaluated thetpotential poiiding capacity aiialabie through tax'inprement. fnaricirjg, . �. iza/ea._ fortner. Gateiivay'/ ; I`Poia►•J This prpj'ect•ts:a:4QQ;OOD,square`foo#=30+.acne o + fegidnal.P.romot onral anti`Ei ferta r mernt ftWil,Cat to :'Kosmont C.ompa iies:led,public-private negotiations on}behalf'of'the:pity 'ii d�tit,n, Kasmont'de`veloped,the:develo per. t3FQ;aid Y "tad- CD Fibl ed ih'e -.City ,•select a. ;d`eveloprnerit ;team and pirgot ate; -Deveigpmeot Agreements. ,. Additionally; k s"666t41nd the. designs and deal structure iPpints�ras W611- S.evaluated potential.bonding capaci i ty:available though`tax:ihc`re ant.a[id athei;pwE lic o Co financing strictures Kasmont; Companies also prepared:ran lJi�an 'Decay Analysis for this project dv9luatb##he'local derrtand for the various types f;retail within tFte proposed t ROP, M cahipareci #hat demand to the available retail amenities uvitFiin `tli'e City and sirrou"nd'in Fi coliitnunit es, and sst�n ated the impacts this.proposed p[oject pigf t t ay .on'local retai{ers.'Ln May of -20112, KoSmont •successfully .6660ated� and !executed-ah ,tnfra'structu(e.''PhAncing x _._ AgieeM6-fitt9 fi4fi offmo4e"impibvements'necessa y;to mak0he.projectfeasi6ie. Qi :e California.`Se�tor,�!la2a::Kosmont assisted:the Oity;in working i hrbUq a.seri_es•of.cbftfowk .c rgel;estatQ virorkouts that tesulted;from a,prigr'Cgrrupt'Gif.adi' inistration:X srxianf:acted as.:the City and the Cout's reap estate specialist,akid soid'tiie;California'Seriioc'Paaia"',project;through a eo-urt_process:, resulting in.payofF:of,liens.ar tl:re_tum.of=ia oRies(fiat,had:been previausty'lost 6y E flie:City Kosmont Realty Corpor'66h:acted as the`Broke;of Rocord,fioi th1s 65 unit affotdafale seriot's project a' - �[3 ,Packetj,Pg '1w53. kosmon Ho1/ytlale Plaza:;Stnllar,tg California S C sale'-sif.a;prQperty,that vuas;partially bwlt,.ahtl conducted the.financiaC and yaluat�onranalysis that is.the'6as►s for,puyout,fransaclion which.resolved.underlX(ng, lien's and'recoveryof:monies fof . r a� the Redevelopment Agency'., a N d Village af.$00t i,,.cafe: For`,' acre;,ParceC.,adjacent to:ahe=Los ;Angeles:Freeway,,fkosmonfi deveigped a..wo&put strategy for�tNe s'I eq h:order to uecover sRedeveloprnent.Agencyzfunds that wale squandered as part of arw:act 'of;coirrtapton :by ahe..gnor Eity .adr►iriistrafian.,Kosmorit r conducted whlghest and best use.analysis,and supported-the negotiation of art:intenm lease. a O 01 Ai.s6c:rKostigorti represenfs the.C'ity n financial analysis:and:negotiati of the ekisurig 4 jb0,Q sq fit:(El Paseo"retail project. a c m E d on m - m 1 m a O rn O ' co O M v 0 r 0 CD ti CO) r M . m Y N w x W :., C E a Packet Pg, 1$4 k p s fap�;�n, REFERENCES E Cify 6f Redondo.beach L _ - a 'Peter-'Gralit: N ASsiEpni City.Manager TESTIMONIAL:wosntont.rlel uers-an airai�of technical uiiil.ileal prong s��l/s, - _ - - -.•�•• •drat:pre%c;agencies .ca(inot dei�eloli iti-lioirse� 77ieir iibil�ty ?o ,u1'derstArid' ;' o 415 Dia elopnteut projects font the 00, deve%per, ititd nattcrer--.' �� RedcO)' each CA 90277 pet spect}v�s'has deltvel ed ireittendo_`usly strgcessfitl results for Redotrdd Beac�t 06.30 Peter Grant,Assistailt.4fl Ma*4,dtyof.Redondo,leach' r Ph6ne.".(310) 611 pete�:grant@�edondo.org -- - 0 c t� . tv. -- - Ci of;Rlacenfia � _ Troy LButziaff= CL City 4Adtriini-larat6r j 461, East Cfiapman,Avervue u+n. Clry'diit aI Rlacentia CA-9287,6 JEn,�;a r"`"`""" ,_ Z;l `° w,sivn T.m. �y=r _ .r+' -GIFaP w1U1�E e4��Mr: _ CMIG S.GF5=E11 (� Pho*iie•(71,4);,993=$11:7 �o �� any • ! '-• d,: _ •�• -^JOSEt'"VeAOWRnE `, �� . dnaY.L'btn7UtF;ICt1J.{,A ;, .Ceti. .114 74.5 5615 -CoZ ,ea,`,,i .y- �( .�.:^.'� �� F tA,6TNIC�,L1'U,10E[UC(1 tb.gz"'ff@ lacentta'.ofg fcn,dm,rAwYe=�,aNu3'� ,mio +e 21;2012 '' IL.City-'of.Stotft:Gafe � .3 ;Steve Ld-eves' fa,NhoFp?ildayCcneern 1�v :Dlr.rof;.Commuhity Re�elopindht 14c; Celtirflec meiagdotion ter d#mont Assccldtwi 865t1 GaiifOriil3 Ave. ►em pleased to wdla'lhis;l¢Itei of recomme`ridaltorl taf'Koalnoot Ansoeta(c�. T,.6 y GI i P,3cenlia:fetained Kd3nont_iUs`oclgtes'sevaiaiyeoi?:ago_i5;provide-piote�siencl,bensuRinB J i South Gate,CA 9,02'$0 andfinandal'eduis'oiysari icgs omo numttet;af protects rclatatl,la the pWnnotl Mclroliiik Station in jno Glyn downtown area; As part ot,lhur engagemen4 Kasmonthaa assissled the bNy ui co =Pfiorle' (323y 563 9566 developing an cvoraa dow,ilaim ahatagy,'as well 0a prey de a host of services lncl'udinp PFojec O ' mono a.. nning and tinandal Anal is on n rimYlli Icvcl a�dn etluctlnp Iluil is corrpatlY g.:,. pla YB p_ _© M Cell:: 323 . Z8-921.7 ' ficinpptanned'lo'servulheiun4Mdlm1ink5tat{onapdadj`acenl'dovmlavmniutl, (, ._ slefevein`so ate'or In addNJri•to•theepiafk od.Ihe.MelfoliFik,filalgn and,parkingstrudtNo%KoecBant'c leam;has O !_�` 9 - g 6e6n pursuing;;polanlGil,pyG�o-prtvaln pari�ocuons,by�Oin aphig b th a atratagy and the �- necessary finand5l stnicluras to rcaltzq o•transd adenlod mta(1 deyetdpinonl that WItI ultimole(y' j O reCosl tha,fool al oUF.#wntown.,The City hbpos lo'usa,diL:6iralcgy�a rrt}d'a.devatcjxnem CitX of:Stat t6n partner willing loviclk an(opGe developmaenl protects W Ul the C(ty. „ O '• On.u'¢rspria(iioti±,l lia'vc en'o oti.` tvciking iehiUonsh aidh,t'arry,Kbsmadf and Ran biro � 'Qmar,Qadabho a, ,-x_ tax.. ti y and'.,r5 ound tiath.to'be gicaptlona0y,;ptolesstana►'and.very e8eksl,in,the r o pioacii to O },� thin'gs_'1Cen'Snd4eirytirtng'6}igtNevelolknoviledgeandexpeilso.olt�+a;priimta`equdym>i,Rof �1 M Communi Devettl ment Director aed;rcalestala►q ea5tilo;lfwtjninyklc�irgivestHd.Clly;'ocoinpeiNive;cdgewhandcatingwllh' T 3= i�7 p ticuclaper3:Faiany bolh•Lany end Ken undarstandrllisic rclo ns conBullatila and Weyer dxw�dto 7+80dRaidllia 4v' theirautheiirydr8oheynndthekmdsGfltiegangapamentwithlheCiCy. M Stantoni CA 9Q680 Nis Vfitit g,tia1 pleasure teat t-wtioletiearledl'y endoiuo Kasmpni;/1s,otletaS,to Glher;puhfc VI - =`� d 'y' agoricns In need of'piofes,lonal oorsukinp:trciri pra)ecl mamornenl;finnncjat anplystd'and 1— Fhone:�T 14}3 0 192?2 X 213. real estate pdviseryseivlces_.They know b9rp:BOvommepC,warks and'ialdciet_and;hovi to m = achioW yadS dos rod result$:; oda&b"o,/(Q�cr.stanton:ea.us. Should u have ari gue:118iu q aidin 1a y g g my gxpeduncn In l st(ip fScsmdnt Asaaciales;ptaase feel(iee'to pontact ine at 014)gy3-Qt 18. ,Cit2:.6f..M6nteb611b Francesca Sci uyiei ; s • L.BuliliB C M l J CityAdminist�ator ce Aam *iat ' cg93-8118 16Qd West Bevedy,81vd. gliuKlaHf✓3lolaeenlla:Gtq Wont&6116 iC-A 90640 E P,h6h61.(323):88T.1412 CeIC'(323)889,9414. fschuylec@e yofmohtebello:corf? 15 Packet'.P9. 155 .4 wf� CON�PfATION.fORSC,PE.dF SERVICES Corisurtant,°understands•tFiai tfie,'CI'ierif deslees;_assistance 'iiri.:compteti�ig;zarid:s_ub_mini _fo, the a, ,Califamia Dear ent of'F nance:,DOF'�'the Leng:Range Propoily lVlanagerrient PJari'; ;P1UlP =in f. a :. - com`liance`with,ASse nEii'.Bif1 N'9•{'1 84:"AB 1-�#:84");arid''is "f Fe'_arid;to r.' `I.M Rhe assignment ;within -the ro`-os d' ime'ne:• iKosorjf's �a -to ,to 46jh.e- asks 'is- iaii ds=ori'and i 'ill' Z :coltaboi"ative'�Vvi#l 'tle�`�tietit 3 -" •- - - y c :Compensation► °for services undar TasKs ;'I and 2 is :estimated at $12 t 0b: If.�n"&ddd, -ftiture H increases iri budget Cvill.requi�e�approyaI by,Clierjt in,.pdvance. c c.� :Task'1 ,PMP;Yriitiaton, ?re acafion,8�''Susion Assistance 'C.onsultant`'wdl initiate the:a`s_sigIL nnleri}`with ar:Rin=person;kickoff meetin a�iel traide;area'W r"wiil .- t 9:., m Client: Siff- Cons61tah irwtlf gather relevant propdif"y nfgrmation; niarlcet data, and otF er :E teack I n p.erlaf.os<aV.90 le,, m.C(ierlt, Th'e:prQcess of::preparing 4nd'Wb_ 'rig•;the:'.f?IvIP::ncludes;tf g'following'slabtasks.as..requ red'b AB '1 84,liut ark naf nece'ssanl�r ii # Isi:arclei (except siufitasks 1 and',k". } a: 'rive to'> >ra=erties:u=der7 ne"°h' offie'Clierit insl'udiri- the 4datie=+n ;ac°ni ion dvafue w • o is } ( n, .ry q.. ..# at tFie,time.of;ac uisitiorl, ndthe'estimated>tiau[e fotley�,bas'ed=orii:iformitioi -`rorided:,to d is :Kasmgnt'by"tht Client: b. Identify#fie;pure-as�:fot which.eeGh;Property wa"s'•acquired based on'inTiorcriation.;pcovided t `Kasrriont by tlelierit - r, 1: c,. `Gattrer:parcel,oata(address lotsize;andcuent:zoniri }. i d; Estf-rnate;curr6.nt�alue,of;h'e;parcels; Ciient,fo:prov de;Kosrnont any relevant_dacu en_ts. CD o M including appraisals JfAO.pplidiblo r e. estimate leas;:.rental, <antl ofifle� revenu_es .,generated :by the_ rpropertie's •and: tits co ,bontractual rdqutresnents:,ot these:ftnds; CD fi: p�scribe the history Qf e[wironmerjtaf:coitaminatio6kantlassocaatedtemediation efforts: o l F�. Ttie °ro:os�l:irsvides afiat fllis'componentwll based art'intorrlat►_ ipro4ided''to; osntorit o co b tf ie;"Client-:Cos_t;foi';add 'oral re :Arts 'or `sfGdies re' aired; are fiof,include. in #tie X" P G proposed'tiui get:Rosrrmont uses A List of;envtionmientaC experts�d'epgn.ing van,,speci#icLO conditions., a td; to' the.'.pi tei t .necessary will rec'ornmerid' :and �d refit; nVi opmenfal i s ecialists:for;additioCial StUtlieS/eVBilaatl0(15:' rivroririiertat;f iriji"5 w9uld be=cdnt<acfecl b: m ,tlie-''.Client. ,• -: v -- �- � g,. Describe re ef -peaperty's'l otential for.. ansit-oriented c evelopinent•and#tie;advarid"jt Qi of the plan�iing objectives of the Client . _ h. bescrlbe fhe h story of prevlo�is de�ielopnrierr,proposais�and bbtiv'V,!lnclucJing the rontaf or s x lease-of,poperty,tiased on„infartnation.provided to Kbsmonfi by the:Clieni w is Q`escnbe the Client's plans for use aid%r ihsposition.,of,properties, lsed on'iiifgtiiiafion provided':to.Ka`slriont fiy;tWCtierit ,• - , j. Dcaft�PJVIP- . . - - • ' � k ASsistahe:Client uuitf submtttat of l?NIP::an f'with 46l16Wi up coriimirnicati oil,with.DO, � Packet Pg.1'56_: ['OR MIL 2 Evtuate the"Ue,Ar`ibis asitton:.of AiIert`es _ YVa.'t he ob'e''tive'o-°a6t eaiio" %t►iaxirrium value o"the;client..,Coiasultarit: '11;evaluate::at�d: ddiiti d h# _ _ .�_.n . a zg ,_.�, _, . f�.r• _ :a. ' ..! fY. d pro"ernes ;that, are, most. likely: 16 Abe";retained` for ;governme tfal yuse, refairied far �iture as P.- �. ,. Q de elo rnent'•;ietainad#oc:tle i''u."ose of fu[iilin an enforceatle£otili` anon :and to bir sold:This ;n .._ ,.. Y,h. ,effor#n�a::YnVolve.:irev evvof f9rriaer.:iiedevelo' meet.laps aild`:related state sulmitt Is:to validate the retention:ofi ttie5:e properties. _. - cn Fgr ioperk es that d- not i i'eet#tiese AB 14'$4.criteria,,and;this--muSu a;sold; .Conswltant will. �. incorporafea,0'14, otthe;Cityto•fi_acilifate,ctispositlons,fo',buyersthatwould:investiioHnstailuses that ;are zn ;the ,best-•long=temci economjc =development and .{il'annirigi interesfs ,of the .Glien . o Consuitaiat`viiiil assist tile:Client 1ri identifying conditions nts.,thb- may ,dffect the• v Pro, 'valile bnd: fayelopmetit poteri#isl to the 9,#0l t ,practical, 'a 'uvi#hin the'uiiii#s :of o 3 . `Gonsultartt's.eXpertise Kosmonf hes:ex#erisive expeenca in evaCuattng erititleinen'ts; .restrictvg 0.0 m cdvenahts,TSAR;;use of f?o d prb'ceeds,title Condit<oris+Intl easements:, B ea .Deiiverai i'es vv{Il anc ude;the.OM_0•re orf Nand- a, coliateraf:summa Ire oorf 3,5 es er j t l gnt' `"'request;suffingr.14 identified•-assefs,Wltli constraints.that may affect Ahe d`eveloptiierit; :4 t. ...,.,, ,-_ ..�L`t , y•y +.• use,,dale:or%lease iif; 'copertie"s..:iorjsuitant antcipates.nrie in'-persofti'k'ick'off rrieetigg/.trderarea o oitr a,rid ail�addttional-ij- arson `meeting nntfi` lienE°Sfaffxin.pr�eparatton,•n °P P,'su m�_, �- p f NI l' scion;fb Oversigfit-`BoaPd; Consu_ltanf lniill`:foilow'up oil rrreefiiigs inritFi;:work-plans:and;iraft,:in7ork. roduct to ? ,p :ensure=fliaf resentation inatenal`ia: ro'erl=.#lined>to ti e a id ence:and`hi hf .efFecfive:imte�ms,of, p, P P., Y,,, _ . ;9� Y, . r,. ... . I act Levin direr loll a�ttl su V off; a na'a.` tie:a ro riafe: +Kosn ont<s eciftcall�J ses;r(ianuccri't j graphics anal. visual p[eentatpns.':tg simplify"and assist the'discussioi. :Qf:eornplex_essential o sutiiectsldeclsib::Sand related strategies. M CD T T • T . T M r. T M M V m • Y NI Q x _ c d 1: s - n Q 17 • - ' Packet Pg:157'M• .i 'Iosmon ,81L N,.A-f :SCHEDULE :_ E Im "Kos.'mont.Campane's ~� Q 2013 Public i49ency,pe Scl edcile ;Professional;Service`s N KOSMONT STM- RAT OUR *E T. •O RS w President&CEO $295 obingur $4, 0 v Pbrtner(Sen 6r Dice PresidentlSenior Consultant '$225.bb/hour ice Fcesidett/Associate $f 85:00/I�oUr 10=1`5 d Prgjeet 4nalyst :$150�0O/hour ._ *Note.'.I:ours.-ar-e expressed iri:app`roz mafe:tinges:that.may:be;adjusted::between;pe�sorinel as. deemed appropriate`by°Consultant in •:order "to adequa(Ay-.provide ',the :required"'services and a I qro ide.a'yualty,final,product-tothe Client:while,ti�aintaining ttte:assignment,t udget: o a c � - iz6imbws6bie Expenses c In'addifiori.to profs"ssianaLservices(labor)fees:In Out=qf=:pocket expenditutes, suct .:as�t�avef and mileage,.professional:printing;.and'deli"very :'. charges for.messenger and Dv.,emight;packages will be charged at cost. co. M .Charges#6t.C-6tiiV,666 sitior/Expert,Witness=Related,AppearancesCD o Court-rrelated;(non-preparation);.activities,,sifch as courtrappearances, depositions;fnodiation, arbitration, dispute resolution:and ofher expect witness activities, will'be charged at a:court rate.of 1•5 time§-6cheddled rates,with a 4=dour<rriinirr um. o M Rattle§shall.remain In,effec.-tuntilDecerriber'31; 26M v� - m Ui a. :Q 's x w _ - d -E s Q 'IB 3,Packet Pg.-I W ;Mon AWT 1&bRN[�Tl'ON!� E -iqgpng F�M'- ,Obpj -,O;th,,A vieu-fi' es 0.PON for;+eXfei iXo 'k jJA16116066 Af n;i A6 it s 0 �t j! a, fl-I `broadexposure t "Ki ;'A:q , '-.11- '.9 , transparency, �Ot ,44L o j6O..�,PMP A-0 t igtd'i "m-a r t pr.opprty qn,! sm-gh lhiidi Aubu&�:66n8' ;- iof fn § M0h4f 6t C) . ldht.Thbbldq- bf -d`l 00Iko' taCtion p, datafiase prQvid - -our with,a bandsi4b k66 etij b'a-, se d-;a-p id C&Wi666 valu- IgQ§4 �nlnii�l� select tos :dfidi1 to f lhe 0 assets to:a tdad,and q.Uo1 pb6fx�potbnfldl. u, ers. 0 co Q( PRQPrQ$J AGREEMENT EXCEPTIONS E cc If s. 1p.04d KpsM'ont rppONPalthe:opportunity 6 rbVie.'and conm6nt,,oh lh6iStO nOb rd c , _I �p A: P.qry 1• ,0,�Ag MOO M, Q. CD O O co Im ml ILI is :E P46