05/27/2008 C T`Y E f a
° May 27,2008 =
GRAND TERR C
: 22795 Barton Road "
Grand.Terrace -
California 92313-5295
1 Civic Center
(909)824=6621
Fax"(909)'783-7629
Fax(909)783-2600 T
CITY OF -GRAND: TERRAC
Maryetta Ferri ,
Mayor
Lee Ann Garcia R
. CA/CITY COUNCIL ,
Mayor Pro Tem
Bea Cortes REGULAR'MEETINGS =
Jim Miller
Dan Buchanan 2 AND-4 TH"Tuesday:� — 6:_00 pin.
_
Council Members �
Thomas J.Schwab
'City Manager
Council Chambers
- Grand'Terrace_,Ciyic Center` ;
' 22795.Barton',Road
Grand•Te"rra&,`CA 92313-52.95 ..
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS May 27,2008
GRAND TERRACE CIVIC CENTER 6:00 p.m.
22795 Barton Road
THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU
REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK'S
OFFICE AT(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.
IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST
TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL
BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME.
* Call to Order-
* Invocation-
* Pledge of Allegiance-
* Roll Call-
STAFF COUNCIL
AGENDA ITEMS RECOMMENDATION ACTION
r
` CONVENE COMMUNITY REDEVELOPMENT AGENCY
1. Approval of 05-13-2008 Minutes Approve
2. Resolution Approving FY 2008-2009 Community Redevelopment Adopt
Agency Budget
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL MEETING
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. Water Awareness Poster Contest Winners - Grand Terrace
Elementary School
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
noncontroversial. They will be acted upon by the Council at one time
without discussion. Any Council Member,Staff Member,or Citizen
may request removal of an item from the Consent Calendar for
discussion.
A. Approve Check Register Dated May 27,2008 Approve
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 05-13-2008 Minutes Approve
D. Community Development Block Grant(CDBG)Cooperation Approve
Agreement 2009-2010,2010-2011 and 2011-20012
COUNCIL AGENDA
05-27-2008 PAGE 2 OF 2
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
E. Resolution Approving FY 2008-2009 City Budget Approve
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 I
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
Lrequest a matter be agendized for a future meeting.
5. REPORTS
A. Committee Reports
1. Crime Prevention Committee
a. Minutes of March 10,2008 Accept
B. Council Reports
6. PUBLIC HEARINGS-None
7. UNFINISHED BUSINESS
A. Second Reading of an Ordinance of the City of Grand Terrace Approve
Amending Chapter 9.28 ofTitle 9 of Grand Terrace Municipal
Code Regarding Procedures Regulating Graffiti
B. Second Reading of an Ordinance of the City Council of the Approve
City of Grand Terrace Amending Title 18 of the Grand
Terrace Municipal Code Regulating Rooming and Boarding
House(s) (including Parolee-Probationer Homes and Sober
Living Homes)Within the City of Grand Terrace
C. Second Reading of an Ordinance of the City of Grand Terrace Approve
Authorizing Notification to the Department of Housing and
Community Development for the Cancellation of Enforcement
Responsibility for the Mobilehome Parks Act and the Special
Occupancy Parks Act
8. NEW BUSINESS-None
9. CLOSED SESSION-None
ADJOURN
THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD
ON TUESDAY,JUNE 10,2008 AT 6:00 P.M.
...................................................................................
AGENDA ITEM REQUESTS MUST BE SUBMITTED IN
WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN
14 CALENDAR DAYS PRECEDING THE MEETING
PENDING CRA APPROVAL
CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING -MAY 13,2008
A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in
the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,
on May 13, 2008 at 4:00 p.m.
PRESENT: Maryetta Ferrd, Chairman
Lee Ann Garcia, Vice-Chairman
Bea Cortes, Agency Member
Jim Miller, Agency Member
Dan Buchanan, Agency Member
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Richard Shields,Building& Safety Director
John Harper, City Attorney
Lt. Mike Newcombe, Sheriff's Department
ABSENT: Gary Koontz, Community Development Director
CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL
MEETING AT 4:00 P.M.
1. REVIEW THE PROPOSED FY 2008-2009 CRA/CITY COUNCIL BUDGET
City Manager Schwab stated that Grand Terrace is not looking at cutting the budget or
changes in personnel. Staff is looking at using $194,000.000 of the reserves. If the COPS
grant is funded that will eliminate the use of$100,000.00 of the reserves.
Finance Director Larry Ronnow,gave an overview of the proposed FY 2008-2009 CRA/City
Council Budget.
Chairman Ferrel temporarily adjourned the CRA/City Council Meeting at 5:00 p.m.
CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6.00 P.M.
APPROVAL OF 04-08-2008 MINUTES
CRA-2008-09 MOTION BY AGENCY MEMBER MILLER, SECOND AGENCY MEMBER
CORTES,CARRIED 5-0,to approve the April 8,2008 Community Redevelopment
CRA AGENDA ITEM We, I
Community Redevelopment Agency Minutes
May 13,2008
Page 2
Agency Minutes.
RESOLUTION TO EXTEND PERIOD FOR DEVELOPING LOW-MODERATE
INCOME PROPERTY
CRA-2008-10 MOTION BY AGENCY MEMBER MILLER, SECOND BY VICE-CHAIRMAN
GARCIA,CARRIED 5-0,to approve a Resolution extending the period during which
the Agency may retain the properties at 22293 and 22317 Barton Road for an
additional five year period.
Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:10 p.m.,until the
next CRA/City Council Meeting that is scheduled to be held on Tuesday,May 27,2008 at 6:00 p.m.
SECRETARY of the Community Redevelopment
Agency of the City of Grand Terrace
CHAIRMAN of the Community Redevelopment
Agency of the City of Grand Terrace
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
GRAND TERRACE
STAFF REPORT
CRA ITEM(X) COUNCIL ITEM( ) MEETING DATE: MAY 27, 2008
AGENDA ITEM
SUBJECT: 2008-2009 CRA BUDGET RESOLUTION
FUNDING REQUIRED XX
NO FUNDING REQUIRED
On May 13, 2008, the Agency Board conducted a review of the Preliminary Community
Redevelopment Agency(CRA) Budget for the fiscal,year beginning July 1, 2008 through.June
30, 2009 and approved the proposed fund budgets:
CRA REVENUE:
Capital Projects Fund Revenue $ 99,404
Debt Service Fund Revenue 5,801,864
Debt Service Operating Transfer In 613,577
Low &Mod Housing Fund Rev 1,562,875
Total CRA Revenue $ 8 0� 77 720
CRA APPROPRIATIONS
CRA Projects/Operations Fund $ 315,114
Debt Service Fund 4,601,323
Low & Mod Housing Fund 1,488,725
Low & Mod Housing Transfer Out 913,577
Total CRA Appropriations $ 7,318,739
STAFF RECOMMENDS THAT THE AGENCY BOARD:
Adopt a resolution for the 2008-2009 Fiscal Year Budget of the Community
Redevelopment Agency of the City of Grand Terrace, approving total appropriations
of $7,318,739, and estimated revenues of$8,077,720.
CRP', AGENDA ITEM NO, Z
RESOLUTION NO. CRA 2008-
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF GRAND TERRACE,
CALIFORNIA, ADOPTING A BUDGET OF ESTIMATED
REVENUES AND APPROPRIATIONS FOR FISCAL YEAR
2008-2009
WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace is
required to adopt a budget for the subsequent fiscal year for estimated revenues and appropriations;
and
WHEREAS, the members of said Community Redevelopment Agency and staff members
have thoroughly reviewed and analyzed the proposed budget in order to determine the needs of the
City of Grand Terrace; and
WHEREAS,the planning and administrative expenditures in the housing fund are necessary
for the production, improvement, or preservation of low and moderate income housing;
NOW,THEREFORE,THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF GRAND TERRACE DOES HEREBY RESOLVE,that a budget for Fiscal Year 2008-
2009,a copy of which is on file in the City Clerk's office,is hereby adopted with estimated revenues
of$8,077,720 and total appropriations of$7,318,739.
ADOPTED this 271h day of May, 2008
ATTEST:
Secretary of the Grand Terrace Community Chairman of the Grand Terrace Community
Redevelopment Agency Redevelopment Agency
Check Register Dated May 27, 2008
vchlist Voucher List Page: 1
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61571 5/7/2008 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 5022008 Contributions for PRend 5-2-08
10-022-62-00 20,279.51
Total : 20,279.51
61572 5/13/2008 010164 GREAT-WEST APRIL 2008 April Deferred Comp Contribution
10-022-63-00 4,879.19
Total : 4,879.19
61573 5/13/2008 010164 GREAT-WEST APRIL 2008 April Employee Loan repayment
10-022-64-00 2,979.30
Total : 2,979.30
61574 5/14/2008 010764 SAFEGUARD DENTAL &VISION 1914250 MAY DENTAL/VISION INSURANCE
10-022-61-00 457.67
Total : 457.67
61575 5/19/2008 010160 CA. DEPT OF MOTOR VEHICLES 05192008 Class B License-F Amos
10-440-223-000-000 64.00
Total : 64.00
61576 5/19/2008 001907 COSTCO#478 2026 C. CARE SUPPLIES
10-440-228-000-000 160.98
10-440-220-000-000 5366
Total : 214.64
61577 5/19/2008 001907 COSTCO#478 2025 TX 15' GRASS CARPET-
10-440-221-000-000 43.85
23-200-14-00 398.66
Total : 442.51
61578 5/27/2008 010019 5 POINT AUTO SERVICE 14081 A/C Maint/Repair Child Care Van
10-440-272-000-000 5995
Total : 59.95
61579 5/27/2008 001072 ADT_SECURITY SERVICES 71083404 Child Care Service Call
10-440-247-000-000 261 20
COUNCIL.AGENDA ITEM NO. �� Page: 1
vchlist Voucher List Page: 2
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61579 5/27/2008 001072 ADT SECURITY SERVICES (Continued) Total : 261.20
61580 5/27/2008 010293 AVAYA, INC 2727277012 PHONE SYSTEM &VOICE MAIL MAINTENANCE
10-190-246-000-000 18346
Total : 183.46
61581 5/27/2008 010898 AWARDS BY PAUL 17471 Pocket Park marker plaques
13-445-707-000-000 1,481 12
Total : 1,481.12
61582 5/27/2008 001488 BUCHANAN, DAN MAY 2008 May Stipend/Auto Allowance
32-200-120-000-000 15000
10-110-120-000-000 25000
10-110-273-000-000 20000
Total : 600.00
61583 5/27/2008 010894 CARTER, FRANCIS 05082008 Art Show Supply Reimbursement
10-804-220-000-000 26.50
Total : 26.50
61584 5/27/2008 001810 CITY NEWSPAPER GROUP 3582 LEGAL ADVERTISING
10-125-230-000-000 71.23
3583 LEGAL ADVERTISING
10-125-230-000-000 6799
3584 LEGAL ADVERTISING
10-125-230-000-000 7770
Total : 216.92
61585 5/27/2008 010866 CIVIC PLUS 56424 May-Jun Website Maint
10-125-250-000-000 1,23000
Total : 1,230.00
61586 5/27/2008 010147 CORTES, BEA MAY May Stipend/Auto Allowance
32-200-120-000-000 15000
10-110-120-000-000 25000
10-110-273-000-000 20000
Total : 600.00
Page: 2
vchlist Voucher List Page: 3
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61587 5/27/2008 001907 COSTCO#478 2032 C CARE SUPPLIES
10-440-220-000-000 48.13
10-440-228-000-000 14441
2036 SPRING BBQ SUPPLIES-
10-180-220-000-000 46.27
Total : 238.81
61588 5/27/2008 010711 DANKA FINANCIAL SERVICES 67332936 MO TOSHIBA E-STUDIO COPIER LEASE
10-172-246-000-000 63.24
10-175-246-000-000 31.62
34-400-246-000-000 63.24
Total : 158.10
61589 5/27/2008 001950 DATA QUICK B1-1252389 April Subscription
21-572-246-000-000 43.17
34-800-220-000-000 4317
10-380-250-000-000 4316
Total : 129.50
61590 5/27/2008 003210 DEPT 32-2500233683 008284/203460,' MAINT SUPPLIES
10-180-245-000-000 59.03
014148/601559,' Misc Maint Supplies
10-180-245-000-000 5837
10-450-246-000-000 1940
015862/531528( MAINT SUPPLIES
10-180-246-000-000 104.78
016558/402257, MAINT SUPPLIES
10-180-218-000-000 18.91
016558/402257,' Supplies for Staff BBQ
10-190-220-000-000 1294
Total : 273.43
61591 5/27/2008 002280 EVER READY EMBROIDERY 1191 Comm Svc Shirt Logos
10-180-210-000-000 -16.16
1224 SHIRT EMBROIDERY
10-180-218-000-000 10775
Page: 3
vchlist Voucher List Page: 4
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61591 5/27/2008 002280 EVER READY EMBROIDERY (Continued) Total : 123.91
61592 5/27/2008 002301 FEDEX 269287341 Overnight Delivery Charges
10-370-210-000-000 2716
10-172-210-000-000 24.66
Total : 51.82
61593 5/27/2008 002450 FERRE', MARYETTA MAY 2008 May Council Stipend
32-200-120-000-000 15000
10-110-120-000-000 250.00
Total : 400.00
61594 5/27/2008 002721 FRITTS FORD FLEET CENTER Q25366 Maint Vehicle Maint/Repair
10-180-272-000-000 21500
Total : 215.00
61595 5/27/2008 002740 FRUIT GROWERS SUPPLY 90095903 Misc Park Maint Supplies
10-450-246-000-000 8.67
90096197 Misc Maint Supplies
10-450-246-000-000 292.27
10-180-706-000-000 408
90096761 MAINT SUPPLIES
16-900-254-000-000 1093
Total : 315.95
61596 5/27/2008 002901 G T AREA CHAMBER OF COMMERCE 5079-AD CITY MO. CONTRIB FOR JOINT NEWSLTR
10-125-213-000-000 87000
Total : 870.00
61597 5/27/2008 002795 GARCIA, LEE ANN MAY 2008 May Council Stipend
32-200-120-000-000 15000
10-110-120-000-000 7509
Total : 225.09
61598 5/27/2008 002930 GRAINGER 9634119342 Misc EOC Supplies
10-808-247-000-000 19765
Total : 197.65
j
Page- 4
vchlist Voucher List Page: 5
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61599 5/27/2008 003020 GREENWOOD'S UNIFORM COMPANY 45329 UNIFORMS
10-180-218-000-000 157.25
Total : 157.25
61600 5/27/2008 010869 HALSETH, RANDY 019928/1593311 CERT Trailer supply reimbursement
23-302-30-00 30949
05132008 CERT Magnetic Sign Reimb.
23-302-30-00 106.67
Total : 416.16
61601 5/27/2008 003152 HARPER & BURNS LLPN 05012008 April Litigation Services
10-160-250-000-000 7,772.00
Total : 7,772.00
61602 5/27/2008 003213 HONEYWELL ACS SERVICE 909559 REPLACE C CARE A/C DUCTING
10-440-246-000-000 1,419.54
Total : 1,419.54
61603 5/27/2008 010896 HURST, DEBBIE 13385 CERT Office Supply Reimb
23-302-30-00 39.69
Total : 39.69
61604 5/27/2008 003224 HYDRO-SCAPE PRODUCTS INC 05467161-00 Misc Park Maint Supplies
10-450-245-000-000 171 86
Total : 171.86
61605 5/27/2008 010290 KAISER PERMANENTE 00-0005559630 June Health Benefit-L. Garcia
10-110-142-000-000 38403
10-110-120-000-000 146.97
Total : 531.00
61606 5/27/2008 010773 KELLAR SWEEPING INC 3798 STREET SWEEPING OCT '07 -JUNE '08
16-900-254-000-000 4,200 00
Total : 4,200.00
61607 5/27/2008 010892 LAURENT, MICHELLE 00004073 30th Anniversary Lapel Pins
23-200-50-00 609.61
Page 5
vchlist Voucher List Page: 6
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
61607 5/27/2008 010892 LAURENT, MICHELLE (Continued) Total : 609.61
61608 5/27/2008 004320 LAWNMOWER CENTER 01292 Park Maint Equip Repair
10-180-246-000-000 17713
Total : 177.13
61609 5/27/2008 004350 LEAGUE OF CALIFORNIA CITIES, INLANC 04162008 Legislative Action Days Dinner 4/16
10-110-270-000-000 35.00
Total : 35.00
61610 5/27/2008 010690 LSA ASSOCIATES INC. 84090 TOWN SQUARE EIR
23-302-37-00 3,96873
32-600-212-000-000 7,93745
Total : 11,906.18
61611 5/27/2008 010899 MCCABE, JOAN 22254 PALM Rental Inspection Refund
10-400-08 9500
Total : 95.00
61612 5/27/2008 010895 MCKINLEY, RON 8 Weed Abatement-21974 DeBerry
32-600-05 30000
Total : 300.00
61613 5/27/2008 010855 MICHAEL BRANDMAN ASSOCIATES 00044036 PREPARE EIR FOR FREEWAY RETAIL SPEC PLAT
32-600-205-001-000 2,240.00
Total : 2,240.00
61614 5/27/2008 010446 MILLER, JIM MAY 2008 May Stipend/Auto Allowance
- - 32-200-120-000-000 150.00
10-110-120-000-000 25000
10-110-273-000-000 200.00
Total : 600.00
61615 5/27/2008 010888 MOLINI, GIL 04242008 Misc Repairs-21974 De Berry
32-600-05 259.00
Total : 259.00
61616 5/27/2008 010097 NEXTEL COMMUNICATIONS 410575025 Maint/Child Care Cell Phone
JPage. 6
vchlist Voucher List Page: 7
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61616 5/27/2008 010097 NEXTEL COMMUNICATIONS (Continued)
10-180-240-000-000 563.40
10-440-235-000-000 50.77
410575025-067 Cell Phone-Comm Svcs/Child Care
10-180-240-000-000 451 88
10-440-235-000-000 4992
Total : 1,115.97
61617 5/27/2008 010589 OCB REPROGRAPHICS 5287131 Fire Alarm Plan Copies
10-180-706-000-000 92.64
Total : 92.64
61618 5/27/2008 001456 OFFICE MAX.CONTRACT INC 712080 Misc Office Supplies-CM Dept
10-120-210-000-000 55.16
Total : 55.16
61619 5/27/2008 010851 PARADIGM PRESSURE WASHING APRIL 2008 GRAFFITI CLEAN UP-
10-180-246-000-000 50000
Total : 500.00
61620 5/27/2008 005586 PETTY CASH 05192008 Child Care Petty Cash Reimb.
10-440-221-000-000 65.43
10-440-223-000-000 12056
10-440-228-000-000 75.24
23-200-14-00 35.46
Total : 296.69
61621 5/27/2008 005670 PRESS ENTERPRISE 4797946 08-09 08/09 Newspaper Subscription
10-804-210-000-000 35.00
Total : 35.00
61622 5/27/2008 010171 REPUBLIC ELECTRIC 408111 April Non contract repairs
16-510-255-000-000 1,27547
408112 MO SIGNAL MAINT& REPAIRS
16-510-255-000-000 37640
Total : 1,651.87
61623 5/27/2008 006310 ROADRUNNER STORAGE 7556 June City Storage Units
Page 7
vchlist Voucher List Page: 8
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61623 5/27/2008 006310 ROADRUNNER STORAGE (Continued)
10-140-241-000-000 11900
34-500-726-000-000 13900
Total : 258.00
61624 5/27/2008 006531 S B COUNTY SHERIFF 8251 May Law Enforcement Svcs
10-410-255-000-000 4,23981
10-410-256-000-000 133,246 71
14-411-256-000-000 24,33848
8271 3rd Qtr General Svcs/Expenses
10-410-250-000-000 18,148 99
10-410-256-000-000 63436
Total : 180,608.35
61625 5/27/2008 006506 S B FIRE HAZARD ABATEMENT 2008-000007C Abatement Svcs Annual charge
10-190-257-000-000 4,00000
Total : 4,000.00
61626 5/27/2008 010664 SHELL FLEET MANAGEMENT 8000209687805 Maintenance Vehicle Fuel
10-180-272-000-000 438.29
Total : 438.29
61627 5/27/2008 006681 SMART& FINAL 40010318462 SCHOOL AGE SUPPLIES
10-440-223-000-000 172.88
Total : 172.88
61628 5/27/2008 006720 SO CA.EDISON COMPANY APRIL 2008 April Street Light Charges
16-510-238-000-000 5,11332
26-600-238-000-000 4980
26-601-238-000-000 41 50
26-602-238-000-000 58 10
Total : 5,262.72
61629 5/27/2008 006730 SO CA.GAS COMPANY APRIL 2008 April Utility Charges
Page: 8
vchlist Voucher List
Page: 9
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61629 5/27/2008 006730 SO.CA.GAS COMPANY (Continued)
10-190-238-000-000 481 43
10-180-272-000-000 4586
10-440-238-000-000 51.48
34-800-272-000-000 15.29
10-440-272-000-000 1529
Total : 609.35
61630 5/27/2008 010517 SWING'S COMMUNICATION 11777 Child Care Phone system setup
10-440-235-000-000 3,567.00
Total : 3,567.00
61631 5/27/2008 006898 SYSCO FOOD SERVICES OF L.A. 805070418 C CARE FOOD & SUPPLIES
10-440-220-000-000 31 71
805070419 C CARE FOOD & SUPPLIES
10-440-220-000-000 67074
805140419 C. CARE FOOD & SUPPLIES
10-440-220-000-000 601 91
805140420 C CARE FOOD & SUPPLIES
10-440-220-000-000 90.66
Total : 1,395.02
61632 5/27/2008 010590 TERRA LOMA REAL ESTATE APRIL/MAY April-May Prop Mngmt. Fee
32-600-05 19200
Total : 192.00
61633 5/27/2008 010586 THE JAMIESON GROUP 2008 54A Hotel Reim bursement-AEP Conf
10-370-270-000-000 221 13
200867 PROFESSIONAL SERVICES
10-370-250-000-000 5,500.00
Total : 6,721.13
61634 5/27/2008 010750 URBAN CROSSROADS INC 19192 GEN. PLAN CIRC. ELEMENT TRAFFIC STUDY
10-370-250-000-000 1,06500
Total : 1,065.00
61635 5/27/2008 007843 WEST COAST ARBORISTS INC 52557 Tree Trimming Svcs-Citywide
Page: 9
vchlist Voucher List Page: 10
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61635 5/27/2008 007843 WEST COAST ARBORISTS INC (Continued)
16-900-260-000-000 360.00
Total : 360.00
61636 5/27/2008 007854 WESTERN EXTERMINATORS CO 366790 MONTHLY PEST CONTROL
10-180-245-000-000 86.50
10-440-245-000-000 204.00
10-805-245-000-000 3300
34-400-246-000-000 38.50
Total : 362.00
61637 5/27/2008 007984 YOSEMITE WATERS 20923923 BOTTLED WATER & COFFEE SUPPLIES
10-190-238-000-000 166.66
10-440-238-000-000 51 90
10-805-238-000-000 1365
34-400-238-000-000 2555
Total : 257.76
61638 5/27/2008 010897 ZAKHARIA, MIRNA 04212006 Street Cut deposit refund
23-302-05-00 500.00
Total : 500.00
61639 5/27/2008 010697 ZIONS BANK 001-0539-88684 City HVAC Loan Payment
10-180-257-000-000 14,409 50
Total : 14,409.50
5/15/2008 007400 U S BANK TRUST N.A. MAY 2008 1997 COP LEASE PAYMENT
33-300-206-000-000 22,037 40
Total : 22,037.40
70 Vouchers for bank code : bofa Bank total : 313,068.38
70 Vouchers in this report Total vouchers : 313,068.38
Page. 10
r`- r
vchlist Voucher List v Page: 11
05/21/2008 9:53:38AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency
liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency.
� /C � (nvz to 1
Larry R nnow, Finance Director
Page. 11
PENDING CITY COUNCIL APPROVAL
CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING - MAY 13,2008
A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council
Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on May 13,
2008, at 4:00 p.m.
PRESENT: Maryetta Ferrd, Mayor
Lee Ann Garcia, Mayor Pro Tern
Bea Cortes, Councilmember
Jim Miller, Councilmember
Dan Buchanan, Councilmember
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Richard Shields, Building & Safety Director
John Harper, City Attorney
Lt. Mike Newcombe, San Bernardino County Sheriff's Department
ABSENT. Gary Koontz, Community Development Director
CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING
AT 4:00 P.M.
1. REVIEW THE PROPOSED FY 2008-2009 CRA/CITY COUNCIL BUDGET
City Manager Schwab stated that Grand Terrace is not looking at cutting the budget or
changes in personnel. Staff is looking at using $194,000.000 of the reserves. If the COPS
grant is funded that will eliminate the use of$100,000.00 of the reserves.
Finance Director Lga Ronnow,gave an overview of the proposed FY 2008-2009 CRA/City
Council Budget.
Chairman Ferrd temporarily adjourned the CRA/City Council Meeting at 5:00 p.m.
CONVENE CITY COUNCIL MEETING 6:00 P.M.
The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary, The Brook
Church, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes.
ITEM TO DELETE -None
COUNCIL.AGENDA ITEM NO.,3(:.,,
Council Minutes
05/13/2008
Page 2
SPECIAL PRESENTATIONS
2A. 301h Anniversary Presentation- Dennis Hansberger
Mayor Ferre announced that as part of the 301h Anniversary Celebration, the City is
honoring, once a month at a Council Meeting, a group or someone that has made a
distinct difference in the City of Grand Terrace. This evening the City is honoring
County Supervisor Dennis Hansberger. Supervisor Hansberger was elected to the 3Td
District of the San Bernardino County Board of Supervisors on November 5, 1996
and represents the City of Grand Terrace. What many people do not know is that
Dennis' roots go way back to the days before Grand Terrace became a City and was
under the municipal advisory commission for the County. We would not have
Richard Rollins Community Park today if it were not for the actions and support of
Supervisor Dennis Hansberger. Dennis Hansberger was instrumental in Grand
Terrace becoming a City and conducted the election of Mayor and Mayor Pro Tem
at the first meeting of the City Council and conveyed the responsibility of the City
to the Mayor and Council Members. The City of Grand Terrace Council and Staff
express their appreciation to Dennis Hansberger and will never forget what he has
done for the City. She presented him with a 30`h Anniversary plaque.
Dennis Hansberger, thanked the City for the honor and recognition.
2B. Proclamation- Water Awareness Month, May 2008
Councilmember Buchanan, read a proclamation proclaiming May 2008 as Water
Awareness Month in the City of Grand Terrace urging all citizens to be responsible
water users and protectors and presented it to Don Hough,Riverside Highland Water
Company.
2C. Water Awareness Poster Contest Winners - Terrace View Elementary School
Don Hough, Riverside Highland Water Company, thanked the City for the
proclamation and reminded everyone that May is water awareness month. He
indicated that Riverside Highland Water Company does a number of things during
the month of May and throughout the year. One of the things that they do is the
Water Awareness Poster Contest at Terrace View and Grand Terrace Elementary
School. He introduced the principal of Terrace View who will announce the winners
of the contest at Terrace View Elementary.
Dr.Joseph Adeyemo,Principal,Terrace View Elementary,thanked the City Council
and Staff for their support. He had all of the winners of the Water Awareness Poster
Contest come up and share their posters with the Council.
Council Minutes
05/13/2008
Page 3
2D. Proclamation-National Arson Awareness Week- May 4 - 10, 2008
Mayor Pro Tern Lee Ann Garcia,read a proclamation proclaiming May 4- 10,2008
as National Arson Awareness Week in the City of Grand Terrace paying special
tribute to all fire and law enforcement investigative agencies for their dedicated and
tireless service. She presented the proclamation to John Salvate, San Bernardino
�. County Battalion Chief.
John Salvate, San Bernardino County Battalion Chief,accepted the proclamation on
behalf of San Bernardino County Fire and thanked the Council for the proclamation.
CONSENT CALENDAR
CC-2008-38 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY MAYOR PRO
TEM,GARCIA, CARRIED 5-0,to approve the following Consent Calendar Items:
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of April 8, 2008 Minutes
3E. Reject Liability Claim - GTLC-08-10 (Jaya Brothers Construction, Inc.)
3F. Reject Liability Claim- GTLC-08-11 (Rancho Ready Mix, L.P.)
t�
ITEMS REMOVED FROM CONSENT CALENDAR
3A. Approve Check Register Dated May 13, 2008
3D. Reject Liability Claims Against the City:
GTLC-08-02 (Brewster)
GTLC-08-03 (Morgan)
GTLC-08-04 (Gray)
GTLC-08-05 (Esquibel/Smiley)
GTLC-08-06 (Clarke)
GTLC-08-07 (Sandberg)
GTLC-08-08 (Dorame)
GTLC-08-09 (California Exteriors, Inc.)
CC-2008-39 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER
MILLER,CARRIED 5-0,to approve the following items that were removed from the
Consent Calendar:
3A. Approve Check Register Dated May 13, 2008
3D. Reject Liability Claims Against the City:
GTLC-08-02 (Brewster)
GTLC-08-03 (Morgan)
Council Minutes
05/13/2008
Page 4
GTLC-08-04 (Gray)
GTLC-08-05 (Esquibel/Smiley)
GTLC-08-06 (Clarke)
GTLC-08-07 (Sandberg)
GTLC-08-08 (Dorame)
GTLC-08-09 (California Exteriors, Inc.)
PUBLIC COMMENT
Nadal Rafeedie, 12767 Royal Avenue, stated that he has lived in Grand Terrace since 1985.
He indicated that he received a ticket for driving 15 miles over the speed limit on Pico Street.
He stated that the speed limit is 25 and feels that it is impractical and requested that the limit
be re-evaluated.
Denis Kidd, 22874 Pico Street, stated that his daughter has been studying early California
History in Ms. Harris' class at Terrace View. While doing research for the Friends of Blue
Mountain he has come across the account of what he calls the Battle of Grand Terrace. He
read the following:
Pigeon Pass: Riverside County's Pigeon Pass has been confused in historical accounts with
San Bernardino County's Little Pigeon Pass,the name carried in the San Bernardino County
Road Department's records for the lower pass through which Barton Road winds down from
Grand Terrace to the San Bernardino Valley west of Loma Linda. Little Pigeon Pass was
first correctly identified (although not by name) by Beattie and Beattie as the place
mentioned in the Father Caballeria's account of a fierce battle between La Placita and Aqua
Mansa settlers and the famous Ute Indian chief Walkara,known as"Walker." According to
Father Caballeria,Walker and his band of Indians would swoop down Cajon Pass to the San
Bernardino Valley at nearly every full moon to steal herds of horses. "One of their fights
took place in the mountains southeast [read northeast] of where the town of Highgrove is
now situated. The Indians, after capturing sixty head of horses, escaped through a path
between the mountains. In this battle Doroteo Trujillo was shot in the back with an arrow,
Esquipula Trujillo was shot through the nose,and Teodor Trujillo was shot in the right foot,
They succeeded in recapturing the stock."
La Placita was the precursor to Highgrove and Riverside. According to Tom Patterson in A
Colony for California, his history of Riverside, La Placita was settled in 1843 or 1844 by
settlers from New Mexico, Aqua Mansa a year later. Also according to Tom, "The Indian
raids had already stopped"when an army post located at what is now Rubidoux was manned
by 20 solders from 1850 to 1852. La Placita was located at the present day corner of Center
Street and North Orange Street. The ruins of the Trujillo Adobe are still there. Phil Trujillo
and his sister Marcela decedents of the family from New Mexico that settled in La Placita,
both live in Highgrove.
Council Minutes
05/13/2008
Page 5
City Manager Tom Schwab,stated that he would look into Mr. Rafeedie's concern and will
get back to him.
REPORTS
5A. Committee Reports
1. Historical and Cultural Activities Committee
a. Minutes of March 3, 2008 and April 7, 2008
CC-2008-40 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY
COUNCILMEMBER CORTES, CARRIED 5-0,to accept the March 3,2008 AND
April 7, 2008 minutes of the Historical and Cultural Activities Committee.
2. Emergency Operations Committee
a. Minutes of April 1, 2008
CC-2008-41 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM
GARCIA, CARRIED 5-0, to accept the April 1, 2008 minutes of the Emergency
Operations Committee.
% 5B. Council Reports
Mayor Pro Tern Garcia, congratulated former Councilmember Herman Hilkey who is a
Earth, Science and Chemistry teacher and the Science Department Chairperson, his high
school team built a solar boat and won the competition. Terrace View Elementary School
held a Suesical Musical and hoped that everyone had an opportunity to see it. She thanked
the crossing guard for their dedication to the residents of Grand Terrace. She reported the
Planning Department is being proactive and holding a workshop to introduce the general
concept of the project that will be happening along the freeway. She encouraged residents
to come out and see what the plans are for that project. She reported that she was able to
attend the League Legislative Action Days along with Councilmember Cortes and Assistant
City Manager Steve Berry. Some of the.major things that they did while there was to ensure
that the Governor didn't forget the strong relationship that they had. It is tight times but she
feels that the City will be able to get through it we just need watch with a careful eye to make
sure that the State doesn't revert back to some of their bad habits. There was emphasis on
funding for energy efficiency and about cities needing more resources and flexibility not
mandates. She is glad to see that staff is always looking for new and different resources that
might be out there. She felt that the hike on blue mountain was tremendous and thanked staff
for putting it together. On May 1,2008 National Day of Prayer was celebrated and thanked
those that coordinated the event.
Councilmember Cortes, attended the Legislative Action Days in Sacramento. One of the
Council Minutes
05/13/2008
Page 6
seminars that she was interested in was the one put on by James Tilton, Secretary for the
Department of Corrections of the State of California. He spoke about how they are going to
release parolees in great numbers into the communities whether we like it or not. As a city
we should be prepared. She stated that later on the agenda Council will be considering an
Ordinance regarding parolees. She has received a few phones calls regarding concern with
recent law enforcement efforts. She has spoken to staff and Lt. Newcombe and requested
that he give some clarification with what has been going on.
Lt. Mike Newcombe, San Bernardino County Sheriff's Department, stated that he has had
some phone calls and had a long conversation with a concerned citizen last week. They have
received several phone calls and City Staff identified some posters that had been placed
around the City. One of the posters had a large A on it,which stands for Anarchist and the
other one that have some basic propaganda against the Department. He asked the Deputies
that patrol Grand Terrace to identify potential individuals that may be placing these around
town. At the same time they noticed some thefts, vehicle burglaries, home burglaries and
also some grand theft autos. They turned up the enforcement efforts in the town. They
wanted to identify who was putting up the flyers and they have done that. This last week
there were no property crimes at all,no burglaries,no car thefts and no vehicle burglaries and
he feels that this is due to the efforts of the Deputies.
Councilmember Cortes, requested that some type of article be placed in the City news
regarding these flyers and the Department's efforts.
Councilmember Miller, stated that there is some graffiti in town on Pico on the signs for the
new High School and also on Main Street on a wall. Another thing that is happening is the
taggers are hitting the trains that Union Pacific brings in on Taylor. Something new that the
taggers are doing is painting a solid color around their graffiti to accentuate it. Although
there is less graffiti, there is still some out there.
Councilmember Buchanan,indicated that he enjoyed the Blue Mountain walk. He thanked
Staff, Denis Kidd and all the volunteers that participated in the event. He attended the
Annual Art Show that is put on by the Historical and Cultural Activities Committee. He
stated that it is always very impressive to see the kind of talent that is in the community. He
thanked Staff for putting together the budget. It was well organized and put together very
well.
Mayor Ferrd,felt that the Art Show was terrific. One of the things that is very interesting to
her is the water color quilt that an artist submits every year. The artist that did the quilt has
opened a quilt shop next to La Pasta Italia. She is going to be giving lessons. She feels that
it is obvious that the people of Grand Terrace are interested in preserving Blue Mountain and
want to hike it. The Blue Mountain walk was a wonderful event.
Council Minutes
05/13/2008
Page 7
PUBLIC HEARING
6A. An Ordinance of the City of Grand Terrace Amending Chapter 9.28 of Title 9 of
Grand Terrace Municipal Code Regarding Procedures Regulating Graffiti
Cily Manager Schwab,reported that the City does not a have a specific Ordinance that deals
with graffiti. With the evolution of graffiti to include stickers,felt-tip pens,etching pens,etc.
we felt that it was necessary to add an ordinance specific to graffiti. City Council held a
public hearing on March 11, 2008 in regards to this new ordinance. Before the second
reading occurred, Southern California Edison requested a meeting with staff to express
concerns over certain language in the ordinance. The City Manager and staff met with
representatives of Edison and came to an amicable conclusion. Staff recommends that
Council conduct a public hearing on the proposed Graffiti Ordinance,adopt the first reading
of the ordinance and schedule a second reading.
Mayor Ferre opened the Public Hearing for discussion.
Jeffrey McConnell, Walnut Avenue, thanked Councilmember Miller for his fight against
graffiti. He indicated that he supports the ordinance and is glad to see the parental
responsibility that was placed in the ordinance and that there is a reward for information.
Mayor Ferre closed the Public Hearing and returned discussion to the Council.
CC-2008-42 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM
GARCIA,CARRIED 5-0,to approve the first reading of an Ordinance of the City of
Grand Terrace Amending Chapter 9.28 of Title 9 of Grand Terrace Municipal Code
Regarding Procedures Regulating Graffiti.
6B. An Ordinance of the City Council of the City of Grand Terrace Amending Title 18
of the Grand Terrace Municipal Code Regulating Rooming and Boarding House(s)
(including Parolee-Probationer Homes and Sober Living Homes)Within the City of
Grand Terrace
City Manager Schwab,several cities including Fontana,Highland, Yucaipa, Murrietta, and
Norco have adopted ordinances regulating parolee group homes and sober living facilities.
Due to the current overcrowding of State prisons and the potential early releases to ease such
overcrowding,many cities are adopting laws regulating parolee group homes. Currently the
City of Grand Terrace does not have any laws in place regulating these uses. The goal of this
ordinance is to ensure any parolee group homes be established in a manner that would not
be harmful to the character of a residential neighborhood. A conditional use permit would
be required for any parolee group home under six occupants and would prohibit any with
more than six occupants. The City currently has two parolee group homes that have existed
Council Minutes
05/13/2008
Page 8
for many years without any problems. This ordinance would regulate future group homes.
Mayor Ferr6 opened the Public Hearing for discussion.
Jeffrey McConnell, Walnut Avenue,wanted to make sure that a home for the elderly is not
included in this.
Mayor Ferr6 closed the Public Hearing and returned discussion to the Council.
City Manager Schwab,responded that this ordinance refers to parolees so if the home for the
elderly meets the definition of parolee probationer and fall under that sub-group. He feels
that it does not discriminate against the elderly.
CC-2008-43 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY
COUNCILMEMBER CORTES, CARRIED 5-0, to approve the first reading of an
Ordinance of the City Council of the City of Grand Terrace Amending Title 18 of the
Grand Terrace Municipal Code Regulating Rooming and Boarding House(s)
(including Parolee-Probationer Homes and Sober Living Homes) Withing the City
of Grand Terrace.
6C. An Ordinance of the City of Grand Terrace Authorizing Notification to the
Department of Housing and Community Development for the Cancellation of
Enforcement Responsibility for the Mobilehome Parks Act and the Special
Occupancy Parks Act
Richard Shields,Building&Safety/Public Works Director,Prior to the City's incorporation,
the County of San Bernardino chose to inspect mobilehome parks. When Grand Terrace
incorporated, a decision was made to accept Title 25, Mobilehome Parks Act enforcement.
On June 7, 1979,Ordinance No. 18 and Resolution 79-23 were approved by the City Council
designating San Bernardino County Department of Environmental Health Services (EHS)
as the responsible agency to enforce Title 25, Mobilehome Parks Act for the City. On
February 6, 2008, the City received a letter from Joan Mulcare, Program Manager for San
Bernardino County EHS explaining that EHS will no longer provide service for enforcing
the Mobilehome Park Act for our City. EHS has set an effective date of July 31, 2008 for
this action to take place. EHS indicated that manpower and costs for providing the service
were the driving force behind the decision to give the responsibility back to the local
jurisdictions. The Council will be relinquishing their mobilehome parks back to the State
as well. The City must now decide if it wants to accept responsibility for Mobilehome Parks
Act enforcement or relinquish the duties back to HCD. City Staff has discussed this subject
and feels that the City Council should consider the extra work associated with these new
activities on current staff levels and consider relinquishing the Mobilehome Parks Act back
to HCD.
Council Minutes
05/13/2008
Page 9
Mayor Ferre opened the Public Hearing for discussion, there being none, she returned
discussion to the Council.
CC-2008-44 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER
MILLER, CARRIED 5-0,to approve the first reading of an Ordinance of the City of
Grand Terrace Authorizing Notification to the Department of Housing and
% Community Development for the Cancellation of Enforcement Responsibility for the
Mobilehome Parks Act and the Special Occupancy Parks Act.
UNFINISHED BUSINESS -None
NEW BUSINESS
8A. Resolution of the City Council Establishing a Community Emergency Response
Team Committee
CC-2008-45 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES, CARRIED 5-0,to approve a resolution of the City Council Establishing
a Community Emergency Response Team Committee with the following
amendment:
First Paragraph should read: WHEREAS, in order for the City of Grand Terrace to
be prepared during emergencies, the City Council desires to establish a community
emergency response team committee (C.E.R.T.) and
CLOSED SESSION
9A. Conference with Legal Counsel - Potential Litigation GC54956.9(b), Mt. Vernon
Bike Lane Grant
Mayor Ferre announced that the Council met in Closed Session to have a Conference with
Legal Counsel regarding Potential Litigation GC54956.9 (b), Mt.Vernon Bike Lane Grant
and that there was no reportable action taken.
Mayor Ferre adjourned the meeting at 7:45 p.m., until the next CRA/City Council Meeting which
is scheduled to be held on Tuesday, May 27, 2008 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
IL,T 1,
RAMD TER C
Community Services Department
Staff Report
MEETING DATE: May 27, 2008
7 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM
2009-10, 2010-2011, 2011-2012 CITY/COUNTY COOPERATION AGREEMENTS
NO FUNDING REQUIRED
BACKGROUND:
Since the establishment of the current CDBG Program format, the City of Grand Terrace
has participated with the County of San Bernardino in the implementation of programs
within our jurisdiction. Examples of such projects can be seen at the Grand Terrace
Senior Center, the Grand Terrace Library, and numerous upgrades in facilities to benefit
the handicapped and hearing impaired.
Because the City does not qualify as an Entitlement City(requiring a population of
50,000 or greater), Grand Terrace is required to participate under the County of San
Bernardino Program. This includes funding from the U.S. Department of Housing and
Urban Development(HUD) for both the CDBG Program and the Emergency Shelter
Grant(ESG) funds.
As a participant in the County program, the City is responsible for identification of
funding priorities for the distribution of monies as set by a per capita funding formula.
The County assumes all responsibility for overall administration of the programs,
including submittal of grant documents with HUD and compliance monitoring.
The current City/County Cooperation Agency Agreement between the City and the
County for implementing Community Development Block Grant (CDBG) funded
projects will expire on June 30, 2009. Attached are the new City/County Cooperation
Agreements. These new agreements,will be effective from FY 2009-10, FY 2011-11,
FY 2011-12, these new cooperation agreements and authorizing City Council minutes
must be made and submitted to HUD by July 7, 2008 for the City to be able to directly
implement the CDBG-funded activities.
COUNCIL AGENDA ITEM NO.
1
RECOMMENDATION:
City Council to approve the FY 2009-10, FY 2010-11, and FY 2011-12 CITY/COUNTY
COOPERATION AGREEMENTS.
ATTACHMENT'S: City/County Cooperation Agreements from County ECD.
New Vendor Code Dept. Contract Number
n+e¢ibwoiNb Change SC
Cancel ECD
County Department Dept. Orgn. Contractor's License No.
Community Development and Housing ECD ECD
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Patricia M. Cole, Deputy Admin. Officer (909)387-9803 N/A
Adolphus Okeke Section Chief 909 388-0969
F A S Contract T pe
Revenue Encumbered11 Unencumbered L^J Other: Cooperation Agreement
CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment
Amount
July 1, 2009 June 30, 2012 N/A N/A
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount
Non-Metro SBA ECD ECD 200 2005 N/A
Project Name Estimated Payment Total by Fiscal Year
FY 2009-10, 2010-11, 2011-12 FY Amount I/D FY Amount
City-County Cooperation N/A
Agreement
CONTRACTOR City of Grand Terrace
Federal ID No. or Social Security No. N/A
Contractor's Representative Thomas J. Schwab, City Manager
-'dress 22795 Barton Road, Grand Terrace, CA 92313-5207_ Phone (909) 824-6621
Nature of Contract: (Briefly describe the general terms of the contract)
The County of San Bernardino is in the process of qualifying for the next three-years (Fiscal Years 2009-2010,
2010-2011, 2011-2012) of Community Development Block Grant (CDBG)C entitlement funding as an Urban
County. The attached Cooperation Agreement is required by the,. U:S. Department of Housing and Urban
Development (HUD) in order to include the City of Grand Terrace as-al:participant in the County's CDBG program.
It allows the City's population statistics to be used by HUD to calculate the County's grant amount for each of the
next three years. The Cooperation Agreement utilizes'language, which has been prescribed by HUD. Once
entered, the Cooperation Agreement will remain in effect for the full three-year`period.
The attached Contract consists of 6 pages and 1 exhibit. '
(Attach this transmittal to all contracts not prepared"on the"Standard Contract"form.)
Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to BOS for Signature
County Counsel Department Head
Date Date
Date
A►rditor/Controller-Recorder Ilse On&
,0 Contract Database ❑FAS
Input Date Keyed By
R
COOPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR FISCAL YEARS 2009-2010, 2010-2011, 2011-2012
This Agreement is made and entered into this day of 2008, by and
between the County of San Bernardino, of the State of California, hereinafter referred to as "COUNTY", and the
City of Grand Terrace, a City within COUNTY, hereinafter referred to as "CITY".
WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383),
hereinafter called "ACT", provides that Community Development Block Grant, hereinafter referred to as "CDBG",
funds may be used for the support of activities that provide decent housing and suitable living environments and
expanded economic opportunities principally for persons of low-and moderate-income; and,
WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG
program every three years; and,
WHEREAS, U.S. Department of Housing and Urban Development (HUD) notice CPD-07-03, provides
instruction for Urban County Qualification for participation in the CDBG program for fiscal years 2009-2010,
2010-2011, 2011-2012, and specific agreement term and standards; and,
WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of
general government under COUNTY's Urban County CDBG program.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to
be derived therefrom, the parties agree as follows:
1. GENERAL
This Agreement gives COUNTY authority to undertake or assist in undertaking activities for Fiscal Years
2009-2010, 2010-2011, and 2011-2012, which will be funded from the CDBG program, the HOME
Investment Partnership Program, and from any program income generated from the expenditure of such
funds. COUNTY and CITY agree to cooperate to undertake, or assist in undertaking community renewal
and lower income housing assistance activities.
By executing this Agreement, CITY understands that it may not apply for grants under the Small Cities or
State CDBG Programs from appropriations for fiscal years during the term of this Agreement, and CITY
may not participate in a HOME consortium other than COUNTY HOME program regardless of whether
COUNTY receives a HOME formula allocation.
2. TERM
The term of this Agreement shall be for no less than the COUNTY CDBG Urban County qualification
period for fiscal year 2009-2010, commencing on July 1, 2009, and extending through fiscal year 2011-
2012, which ends on June 30, 2012, unless an earlier date of termination is fixed by the Department of
Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This Agreement shall remain
in effect until all CDBG(and HOME, where applicable) funds covered under the terms of this Agreement,
and any income generated from the expenditure of such fonds, are expended, and the funded activities are
completed. This Agreement may not be terminated or withdrawn by the parties herein covenanted for any
circumstance or reason during the term of this Agreement.
3. PREPARATION OF APPLICATION
COUNTY, by and through its Department of Community Development and Housing, subject to approval
of COUNTY Board of Supervisors, shall be responsible for preparing and submitting to HUD all necessary
applications for the CDBG entitlement grant under ACT. This duty shall include the preparation and
processing of COUNTY Housing, Community and Economic Development Needs Identification Report,
Citizen Participation Plans, the County Consolidated Plan, and other CDBG related programs which satisfy
the application requirements of ACT and its regulations.
4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS
COUNTY and CITY shall comply in all respects with final Community Development plans and programs
and the Consolidated Plan which are developed through mutual cooperation pursuant to the application
_ requirements of ACT and its regulations and approved by HUD.
5. COMPLIANCE WITH ACT AND REGULATIONS
COUNTY and CITY shall comply with all applicable requirements of ACT and its regulations, in utilizing
basic grant funds under ACT, and shall take all actions necessary to assure compliance with COUNTY
certifications required by Section 104(b) of Title I of ACT. COUNTY and CITY will comply with the
provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964,
Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of ACT, the Fair
Housing Act, and other applicable federal laws. CITY agrees that CDBG funding for activities in or in
support of CITY are prohibited if CITY does not affirmatively further fair housing within its own
jurisdiction or impedes COUNTY actions to comply with its fair housing certification.
6. CONFLICT OF INTEREST
CITY shall comply with all applicable federal and state laws, regulations and policies governing conflict of
interest, including State conflict of interest regulations found in California Government Code Sections
1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and
84.42, and any other applicable policies, rules and regulations related to conflict of interest.
Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY, who
exercises any functions or responsibilities with respect to CDBG-funded activities identified in this
Contract and who is in a position to participate in a decision making process or gain inside information
with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the
CDBG-assisted activities identified in this Contract or any related contract, subcontract, or agreement,
either for themselves, an immediate family member or business partner, during his/her tenure. CITY shall
maintain written standards of conduct governing the performance of their employees engaged in the award
and administration of contracts.
7. POLICIES
CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from
a facility or location which is the subject of such non-violent civil rights demonstrations within
jurisdictions.
8. INDEMNIFICATION
CITY agrees to indernnify, defend and hold harmless COUNTY and its respective authorized officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising
out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or
S
expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is
prohibited by law.
CITY shall indemmnify and hold harmless COUNTY and its respective authorized officers, employees,
agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a
result of the determination by HUD or its successor that activities undertaken by CITY under the
program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed
by and disbursed to CITY under this Agreement were improperly expended.
COUNTY shall, at its own cost and expense, defend, indemnify, and hold CITY, its officers, agents,
volunteers, and employees, harmless from and against any loss, liability, claim, or damage that may arise
from negligent act or omission by COUNTY, its officers, agents, and employees. -
9. INSURANCE REQUIREMENTS
Without, in any way affecting the indemnity herein provided and in addition thereto, CITY shall secure
and maintain throughout the Contract the following types of insurance with limits as shown:
Workers' Compensation - A program of Workers' Compensation insurance or a State-approved
Self Insurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employers' Liability with $250,000 limits, covering all
persons providing services on behalf of CITY and all risks to such persons under this Contract.
If CITY has no employees, it may certify or warrant to COUNTY that it does not currently have
any employees or individuals who are defined as "employees" under the Labor Code and the
requirement for Workers' Compensation coverage will be waived by the County's Risk Manager.
With respect to contractors that are non-profit corporations organized under California or Federal
law, volunteers for such entities are required to be covered by Workers' Compensation insurance.
If the County's Risk Manager determines that there is no reasonably priced coverage for
volunteers,evidence of participation in a volunteer insurance program may be substituted.
Comprehensive General and Automobile Liability Insurance - This coverage is to include
contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles.
The policy shall have combined single limits for bodily injury and property damage of not less
than one million dollars ($1,000,000).
Errors and Omissions Liability Insurance - Combined single limits of$1,000,000 for bodily injury
and property damage and$ 3,000,000 in the aggregate.
Professional Liability- Professional liability insurance with limits of at least$1,000,000 per claim
or occurrence.
Additional Insured - All policies, except for Workers' Compensation, Errors and Omissions and
Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers,
employees, agents, and volunteers as additional insured with respect to liabilities arising out of the
performance of services hereunder.
Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CITY shall
require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its
officers, employees, agents, volunteers, contractors and subcontractors
Policies Primary and Non-Contributory_ - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by COUNTY
a
10. PROOF OF COVERAGE
CITY shall immediately furnish certificates of insurance to the County Department of Community
Development and Housing, hereinafter referred to as "CDH", evidencing the insurance coverage, including
endorsements above required, prior to the commencement of performance of services hereunder, which
shall provide that such insurance shall not be terminated or expire without thirty(30) days written notice to
CDH, and CITY shall maintain such insurance from the time CITY commences performance of services
hereunder until the completion of such services. Within sixty (60) days of the commencement of this
Contract, CITY shall furnish certified copies of the policies and all endorsements. CITY shall complete
and submit Contract Exhibit 1 of 1, INSURANCE INVENTORY, along with the above-required insurance
documents.
11. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY. The County's Risk
Manager is authorized, but not required, to reduce or waive any of the above insurance requirements
whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably
priced, or is not needed to protect the interests of COUNTY.
In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is
authorized, but not required, to change the above insurance requirements, to require additional types of
insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past
claims against COUNTY, inflation, or any other item reasonably related to the COUNTY's risk.
Any such reduction or waiver for the entire term of the Contract and any change requiring additional types
of insurance coverage or higher coverage limits must be made by amendment to this Contract. CITY
agrees to execute any such amendment within thirty(30) days of receipt.
12. DISPOSITION OF FUNDS
Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the extent possible, CDBG
funds will be allocated by COUNTY to CITY according to its proportional demographics, for activities
and/or projects prioritized by CITY to alleviate its identified community development needs eligible under
ACT. COUNTY, by its Board of Supervisors, shall be responsible for determining the final disposition
and distribution of all funds received by COUNTY under ACT, and for selecting the projects for which
such funds shall be used. Both parties agree that COUNTY has the authorization to redistribute such funds
when said projects are not implemented in a timely manner as defined by HUD.
13. DISPOSITION OF PROGRAM INCOME
CITY shall inform COUNTY regarding any income generated by the expenditure of CDBG funds received
by CITY. All said income shall promptly be paid to COUNTY or retained by CITY subject to
authorization by COUNTY for CITY use of said income for eligible activities in accordance with all
CDBG requirements as may then apply. COUNTY shall be responsible for monitoring and reporting to
HUD on the use of any such program income thereby requiring appropriate record keeping and reporting
by CITY as may be needed for this purpose. In the event of CDBG close-out or change in status of CITY
under the CDBG program, any program income that is on hand or received subsequent to the close-out or
change in status shall be paid to COUNTY. Any income generated from the disposition or transfer of real
property prior to any such close out or change of status shall be treated the same as program income. Any
income generated from the disposition or transfer of real property subsequent to any such close-out or
change of status shall promptly be paid to COUNTY.
14. DISPOSITION OF REAL PROPERTY
The provision of this section set forth the standards which shall apply to real property acquired or
improved in whole or in part using CDBG funds that are within the control of CITY. Prior to any
modification or change in the use of said real property from the use or ownership planned at the time of its
acquisition or improvements, CITY shall notify COUNTY and obtain authorization for said modification
or change. CITY shall reimburse COUNTY with non-CDBG funds in an amount equal to the current fair
market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property
acquired or improved with CDBG funds that is sold or transferred for a use, which does not qualify under
CDBG regulations.
15. EFFECTIVE DATES
This Agreement shall be effective for all purposes when this Agreement and like agreements have been
executed by COUNTY and CITY, properly submitted to HUD, the grantor, by the designated deadline, and
approved by HUD.
(continued on next page)
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///
r,
16. OTHER AGREEMENTS
Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable
to subrecipients, including the requirement of a written agreement set forth in federal regulations at 24
CFR 570.503. COUNTY and CITY will enter into a further written agreement that contains these
minimum requirements. Prior to disbursing any CDBG funds to CITY, COUNTY, shall execute said
written agreement with CITY. Said agreement shall remain in effect during any period that CITY has
control over CDBG funds, including program income.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year
written above.
COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE
By: By:
PAUL BIANE, Chairman MARYETTA FERRE
Board of Supervisors
Title: Mayor
APPROVED AS TO FORM. THE TERMS AND Dated:
PROVISIONS OF THIS AGREEMENT ARE FULLY
AUTHORIZED UNDER STATE AND LOCAL LAW
AND THIS AGREEMENT PROVIDES FULL LEGAL ATTEST
AUTHORITY FOR COUNTY TO UNDERTAKE OR
ASSIST IN UNDERTAKING ESSENTIAL By.
COMMUNITY DEVELOPMENT AND HOUSING BRENDA MESA
ASSISTANCE ACTIVITIES, SPECIFICALLY
URBAN RENEWAL AND PUBLICLY ASSISTED Title:_ City Clerk
HOUSING.
By:
Dated:
MICHELLE D. BLAKEMORE APPROVED AS TO FORM
Deputy County Counsel for CDH
SIGNED AND CERTIFIED THAT A COPY OF By.
THIS DOCUMENT HAS BEEN DELIVERED TO JOHN R. HARPER, City Attorney
THE CHAIRMAN OF THE BOARD
DENA M. SMITH Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By.
CONIDEV\CONSTRUCT DOCS\Cooperation Aemts\Coop Agreements 2009-2012\2009-12 GRAND TERRACE Coop Agmt(non-metro) doc
04i09/08/AO/cb
9
EXHIBIT 1 of I
COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
Project/Activity Title: Case Number:
Cooperation Agreement for Community Development Block Grant
Funds for Fiscal Years 2009-2010, 2010-2011, 2011-2012
Name/Address of Contractor AgencX Date of Issue:
City of Grand Terrace
22795 Barton Road Original: Beginning
Grand Terrace, CA 92313-5207 Amendment#
INSURANCE INVENTORY
WORKERS' COMPENSATION/EMPLOYER'S LIABILITY INSURANCE
Name of Insurance Company:
Effective Dates:
Employer's Liability Limit $
Certificate of Insurance Attached Yes No: On File w/CDH
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH
Name of Contractor's Automobile Liability Insurance Company:
Limits of Liabilrty Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability Effective Dates
Per Occurrence S Additional Insured Endorsement Attached Yes No: On File w/ CDH
Annual Aggregate $ Certificate of Insurance Attached Yes No- On File w/CDH
1f
A
CITY OF GRAND TERRACE FINANCE DEPT
cIT
1
NXD iERR C
STAFF REPORT
CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE : May 27, 2008
AGENDA ITEM
SUBJECT: 2008-2009 CITY OF GRAND TERRACE BUDGET RESOLUTION
FUNDING REQUIRED XX
NO FUNDING REQUIRED
On May 13, 2008, Council conducted a review of the Preliminary City Budget for the fiscal year
beginning July 1, 2008 through June 30, 2009.
ESTIMATED REVENUE
General Fund Revenue $ 5,048,271
Operating Transfer-In 300,000
5,348,271
Special Revenue Funds 1,461,499
Operating Transfers-In 431,267
1,892,766
Waste Water Enterprise Fund 1,629,559
Capital Project Funds 593,056
Operating Transfer-In 176,655
769,711
TOTAL ESTIMATED REVENUE $ 9,640,307
COUNCIL AGENDA ITEM N9Oo3'
1
q
CITY OF GRAND TERRACE FINANCE DEPT
Budget Adoption
May 27, 2008
APPROPRIATIONS
General Fund $ 5,259,791
Operating Transfers-Out 283,173
5,542,964
Special Revenue Funds 1,174,505
Operating Transfers-Out 224,749
1,399,254
Waste Water Enterprise Fund 1,639,837
Operating Transfers-Out 100,000
1,739,837
Capital Project Funds 767,131
TOTAL APPROPRIATIONS $ 9,449,186
STAFF RECOMMENDS THAT COUNCIL:
Adopt the 2008-2009 Fiscal Year Budget Resolution of the City of Grand Terrace
with total estimated revenues of$9,640,307 and total appropriations of$9,449,186.
L
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA,ADOPTING A BUDGET
OF ESTIMATED REVENUES AND APPROPRIATIONS FOR
FISCAL YEAR 2008-2009
WHEREAS, local agency is required to adopt a budget for the subsequent fiscal year for
estimated revenues and appropriations; and
WHEREAS, every local governmental agency shall file with the county auditor of the
county in which the agency conducts its principal operations, a budget for the fiscal year then in
progress; and
WHEREAS, the City Council and Staff members have thoroughly reviewed and analyzed
the proposed budget in order to,determine the needs of the City of Grand Terrace;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY RESOLVE,DECLARE, AND ORDER AS FOLLOWS:
Section 1. That a budget for Fiscal Year 2008-2009,a copy of which is on file in the City
Clerk's Office, is hereby adopted for the City of Grand Terrace with estimated revenues of
9 640 307 and total appropriations of 9 449 186.
Section 2. That the City Clerk is hereby directed to forward a copy of this Resolution and
the adopted Fiscal Year 2008-2009 Budget to the Auditor-Controller of the County of San
Bernardino.
ADOPTED this 27"day of May, 2008.
ATTEST:
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
Terrace and of the City Council thereof and of the City Council thereof
3
CITY OF GRAND TERRACE RECEIVE
CRIME PREVENTION COMMITTEE MAY 1 ? 2008
Regular Meeting
MINUTES CITY OF GRAND TERRACE
March 10, 2008 CITY CLERK'S DE'PARTMEN
The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs
Conference Room at City Hall. Meeting was called to order at 4:14 p.m. by Chairperson, Philomene
Spisak.
,- MEMBERS PRESENT were Chairperson, Philomene Spisak, Don Bennett, Pat Smith, Debra Hurst
v and JoAnn Johnson.
MEMBERS ABSENT— Marjorie Owens, Peggy Reagan, Pat Smith and Lew Neeb.
CITY STAFF/SHERIFF'S DEPT.— SSS, Nina Mendoza.
GUESTS PRESENT—None.
INTRODUCTIONS —None.
AGENDA was approved with motion by Debra Hurst and second by Don Bennett.
MINUTES for the meeting of February 11, 2008 were approved with motion by Debra Hurst and
second by Don Bennett.
�1
PUBLIC COMMENT—None.
CORRESPONDENCE—None.
UNFINISHED BUSINESS
A. Criminal Activities
a. There have been some cases of someone soliciting for the Sheriff s Department.
This is not an authorized solicitation and money should not be given.
b. There have been some problems with illegal parking in the school zone. Some
parents are parking in red zone and are double parking.
c. Two stolen cars have been recovered.
B. Neighborhood Watch Program
a. Would like to see the Neighborhood Watch Program established everywhere in
the city. Would really like to get it organized.
b. The Terrace has a program arranged for April 22nd.
c. Will also be working on the Grand Royal Estates for a program..
C. Grand Terrace Days
a. Will be the second Saturday this year. Therefore. June 14`h is the date.
b. Theme is Racing to the Finish Line.
c. Gillian Zuker will be Grand Marshal. She is connected with NASCAR.
COUNCIL AGENDA ITEM NO.�AI
1
D. Mr. Mitchell, Manager of Grand Royal Estates—Animal Control Procedures
This item to be continued at a later date.
NEW BUSINESS
A. Crime Prevention Planning— Nothing new.
REPORTS
A. Summary of Law Enforcement Activity—SSS, Nina Mendoza
a." Mostly covered above. The city has been pretty calm.
b. It was noted that it would be nice to have those over-lay maps indicating the
various crimes. Will try to get them.
B. Other Community Programs
a. EOC/CERT are planning an exercise/activation of the Emergency Operations
Center on April 23 from 9 to 12.
b. CERT met at the Valley Central Center recently.
C. Member Reports
a. The Seniors have some great programs coming up, including Terrace Hills Middle
School Tiger Band in April and Colton High School Jazz Group in May.
b. Golden Guardian planning meeting will be March 12 from 8 until noon. The
session is planning for the big event in November.
c. Don Bennett wondered how to report various problems in the city. Most of them
could be handled by Code Enforcement. He will call.
d. CERT training will be held jointly with Loma Linda in May.
ADJOURNMENT - There being no further business to discuss, the meeting was adjourned at 5:11
p.m.
Secretar , JoAnn Johnson
t
J
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAND TERRACE
AMENDING CHAPTER 9.28 OF TITLE 9 OF GRAND
TERRACE MUNICIPAL CODE REGARDING PROCEDURES
REGULATING GRAFFITI.
SECTION 1: Chapter 9.28 ("Graffiti") of the Grand Terrace Municipal Code is hereby
amended to read as follows:
- 9.28.010—Purpose and Intent
The City Council finds and declares as follows:
A. Graffiti on public or private property is a condition of blight that not only
depreciates the value of property which has been the target of such vandalism, but also
depreciates the value of the adjacent and surrounding properties so as to create a negative impact
upon the entire community.
B. Graffiti has also been found to be associated with criminal activity and
delinquency. It is also a means of identification and intimidation utilized by gangs and its
presence may further gang-related activities. The power of graffiti to create fear within the
community and blight upon the landscape, devaluing property and detracting from a sense of
community enjoyed by the residents of the City of Grand Terrace goes beyond the cost of clean-
up or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon
the quality of life and freedom from intimidation that citizens desire in their neighborhoods.
C. California Government Code Section 38771 authorizes the City to declare what
constitutes a nuisance. Section 53069.3 further authorizes the City, under certain circumstances,
to provide for the removal of graffiti and other inscribed materials from private as well as public
property. The Council finds and determines that graffiti is obnoxious and a public nuisance and
unless the City causes it to be removed from public and private property, it tends to remain.
Other properties then become the target of graffiti with the result that the entire neighborhood is
affected and.becomes a less desirable place in which to live, work or visit.
D. In the past, the City of Grand Terrace has appropriated funds for the removal of
graffiti from privately owned real or personal property located within the City. While this public
service benefits the entire community, it provides no incentive to private property owners to deal
directly with the problem and to formulate their own ideas, solutions, and mitigation measures to
avoid being victimized time and time again. The perpetual provision of free graffiti removal
services is not an effective deterrent to-the escalation of graffiti vandalism and is not a cost
effective use of public funds.
E. It is the purpose and intent of the City Council of Grand Terrace, through the
adoption of this Chapter, to provide additional enforcement tools to protect public and private
property from acts of vandalism and defacement; including the application of graffiti on public
and private property, walls, vehicles, and other structures. Such acts are destructive of the rights
COUNCIL AGENDA ITEM NO. - H
and values of private property owners as well as the entire community. It is the further intent of
the City Council, through the adoption of this Chapter, to provide to all of those who disregard
the property rights of others, that the law enforcement agency of the City, Sheriff's Department,
District Attorney's Office, and City Attorney/Prosecutor's Office, will strictly enforce the law
and vigorously prosecute those persons engaging in the defacement of public or private
properties.
9.28.020—Definitions
For the purposes of this Chapter, the following words shall have the meanings
respectively ascribed to them in this section:
A. "Adhesive label" shall mean any so called "bumper sticker", sheet of paper,
fabric, or plastic, or other substance with an adhesive backing.
B. "Aerosol paint container" shall mean any aerosol container, regardless of the
material from which it is made, which is adapted or made for the purpose of spraying paint,
undercoating, spray insulation, or other substance capable of defacing property.
C. "City" shall mean the City of Grand Terrace.
D. "Costs" shall mean and include, but is not limited to, court costs, attorneys' fees,
costs of removal of the graffiti or other inscribed material, costs of repair and replacement of
defaced property, and the law enforcement costs incurred by the City in identifying and
apprehending the person who created, caused, or committed the graffiti or other inscribed
material on the publicly or privately owned permanent real or personal property within the City.
E. "Felt-tip marker" shall mean any marker or similar implement with a tip which, at
its broadest width, is greater than one-eighth (1/8th) of an inch and which contains an ink or
other pigmented liquid that is not water soluble.
F. "Graffiti" shall mean any unauthorized inscription, word, figure, or design that is
marked, etched, scratched, drawn, or painted on or otherwise affixed to or on any surface,
regardless of the nature of the material. Graffiti shall not include any lawful sign authorized in
advance by the owner thereof.
G. "Graffiti Implement" shall mean an aerosol paint container, a felt tip marker,
adhesive label, paint stick, etching tool capable of scarring glass, metal, concrete, wood, or other
surface, , or any other device capable of being used to leave a visible mark at least one-eighth
(1/8th) of an inch in width upon any surface of any material.
H. "Graffiti Vandal" shall mean any person(s) whom an enforcement official
determines to be responsible for applying or affixing graffiti.
I. "Landscape Material" is defined as any plant material that is used to aesthetically
enhance the surrounding area. This shall include, but not be limited to, trees, shrubs, turf,
groundcover, vines and flowers.
J. "Paint stick" or "graffiti stick" shall mean a device containing a solid form of
paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure,
and upon application, leaving a mark at least one-eighth(1/8th) of an inch in width.
K. "Public Property" shall mean any property or'structure of the City that is located
within the public right-of-way or on other lands owned or controlled by the City for the support,
use and/or enjoyment of the public.
L. "Private Property" shall mean all other property (real or personal) or structures,
including the property,and structures of public agencies other than the City.
M. "Responsible Party" shall mean any person whom an enforcement official
determines to be responsible for causing or maintaining a public nuisance or a violation of the
Municipal Code or applicable state codes.- The term "Responsible Party" includes but is not
limited to a property owner, tenant, person with a legal interest in real property, a person in
possession of real property, or a person who otherwise has responsibility for the repair or
maintenance of real property at which there exists graffiti on any building, structure, tree, shrub,
sidewalk, curb or vehicle.
N. "Structures" shall mean any structure as defined in the City's Building Code, and
shall include, but not_be limited to, buildings, walls, fences, gates, utility poles, cabinets,
receptacles, news racks, postal boxes, sidewalks, curbs, pavements, bill boards, street signs, bus
stops and shelters, cargo/shipping containers, or any other structure that is sited through an
official approval process of the City or any other local agency.
O. "Unauthorized" shall mean without the permission of a responsible person or in
violation of this ordinance as determined by the enforcement officer.
P. "Vehicle" shall mean a device by which any person or property may be propelled,
moved, or drawn upon a highway, excepting a device moved exclusively by human power or
used exclusively upon stationary rails
9.28.030—Application of Graffiti Prohibited
It shall be unlawful and a misdemeanor for any person to apply graffiti to any structure,
landscape material, rock or vehicle located within the City. It shall also be unlawful and a
misdemeanor for any person to apply or affix any adhesive label to any structure, landscape
material, rock or vehicle not owned or lawfully possessed by such person, or without advance
authorization by the owner thereof.
9.28.040—Possession of Graffiti Implements by Minors Prohibited
A. It shall be unlawful and a misdemeanor for any person under the age of eighteen
(18) years to have in his or her ,possession any graffiti implement or other instrument as
described herein below while upon private property without the prior written consent of the
owner of such property, or upon a public highway, street, alleyway, park, playground, swimming
pool, public building or any area open to the public:
3
1. Any spray can containing anything other than a solution which can be
removed by water after it dries;
2. Any spray can tips, other than those affixed to a spray can not meeting the
description of section 9.28.040(A)(1);
3. Any marker pens containing anything other than a solution which can be
removed with water after it dries;
4. Any container holding anything other than solution that can be removed
with water after it dries and which can be used to apply that solution. This includes acrylic paint
tubes, oil paint tubes, shoe dyes, and bottles and cans of such solutions; and,
5. Objects capable of etching glass or ceramic surfaces, including, but not
limited to, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels, and
any solution capable of etching these surfaces when applied including acids and etching baths.
B. The provisions of this section 9.28.040 shall not apply to any person under the age
of eighteen (18) years attending, or traveling to or from school, at which time the minor is
enrolled, if the minor is participating in a class at said school which has a written requirement of
the class for the possession of the implements or instruments described in this section. The
burden of proof in any prosecution for a violation of this section 9.28.040 shall be upon the
minor student to establish enrollment in a class that requires the possession of felt tip markers.
9.28.050—Possession of Graffiti Implements Prohibited in Designated Public Places
It shall be unlawful and a misdemeanor for any person to have in his or her possession
any graffiti implement while in or upon any public park, playground, swimming pool, recreation
facility, or while in or within ten (10) feet of an underpass, bridge, abutment, storm drain, or
similar types of infrastructure not normally used by the public, except as may be authorized by
the City.
9.28.060—Furnishing Graffiti Implements to Minors Prohibited
It shall be unlawful and a misdemeanor for any person, other than a parent or legal
guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged,
given, loaned, or otherwise furnished, any graffiti implement to any person under the age of
eighteen (18) years without the consent of the parent or other lawfully designated guardian,
which consent shall be given in advance in writing.
9.28.070—Accessibility to Graffiti Implements
A. Display Requirements. It shall be unlawful and a misdemeanor for any person or
business engaged in a commercial enterprise to display for sale, trade, loan, or exchange any
graffiti implement except in an area from which the public shall be securely precluded without
employee assistance. Two such acceptable methods for displaying graffiti implements for sale
shall be by containment in (1) a completely enclosed cabinet or other storage device which shall
be permanently affixed to a building or structure, and which shall, at all times except during
4
access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a
sales or service counter from which the public is precluded from entry. Nothing herein shall
relieve such person or business entity from, at all times, complying with the requirements of the
California Penal Code section 594.1(c) by posting signs as described therein.
1. Any person or business engaged in the retail sale of any graffiti implement
must display at a conspicuous location a legible sign measuring not less than twelve inches (12")
by twelve inches (12") with letters at least % inch in height which states:
"It is unlawful for any person to sell or give to any individual under the
age of eighteen years, without prior written authorization from a parent or
legal guardian, any implement or other device capable of being used to
deface real or personal property. Any person who maliciously defaces real
or personal property is guilty of vandalism which is punishable by a fine,
imprisonment, or both."
B. Storage Requirements. It shall be unlawful and a misdemeanor for any person or
business engaged in the commercial enterprise of selling, providing, loaning, or trading graffiti
implements to store any graffiti implement except in either (1) a completely enclosed room
which shall, at all times except during access or actual occupancy by the owner or authorized
adult representative of the owner, remain securely locked; or (2) in a completely enclosed
cabinet or other storage device which shall be permanently affixed to a building or building
structure, and which shall at all times except during access by the owner or an adult
representative of the owner, remain securely locked. For purpose of this section 9.28.070, an
owner or authorized representative of the owner, shall be deemed to actually occupy a room even
during brief periods of absence if the room is contained within a larger structure which is
occupied by the owner.
C. Civil Responsibility for Wrongful Display or Storage. Any person or business
who displays or stores or permits the display or storage of any graffiti implement in violation of
the provisions of this section 9.28.070 shall be personally liable for any and all costs, including
attorneys fees and court costs, incurred by any party in connection with the removal of graffiti,
the repair of any property containing graffiti, or such party's prosecution of a civil claim for
reimbursement or damages resulting from such graffiti removal or property repair, arising from
the use by any person of such wrongfully displayed or stored graffiti implement in violation of
this section 9.28.070 or of any provision of the California Penal Code.
9.28.080—Maintenance of Graffiti Prohibited
No person shall cause, permit, aid, abet, or suffer any graffiti which is visible for a 24-
hour period from adjacent real property (whether privately or publicly owned), public street,
sidewalk, alley, or other public right-of-way or other area open to the public to remain on any
structure, landscape material, rock or vehicle owned, possessed, or within the custody or control
of such person, or located on real property owned, possessed, or within the custody or control of
such person. Each day that graffiti is maintained constitutes a new and separate offense, and is
subject to the penalties set forth in Chapter 1.16 of this Code.
5
9.28.090—Removal of Graffiti
A. Declaration of Nuisance. Pursuant to California Government Code section 38771,
the City Council hereby declares Graffiti visible from adjacent real property (whether privately
or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open
to the public to constitute a public nuisance.
B. Abatement of Nuisance. Pursuant to Government Code Section 38773, the City
Council hereby establishes a procedure for the summary statement of the nuisance described in
Section 9.28.090A. Furthermore, the City Council authorizes the appropriation and use of public
funds to remove graffiti or other inscribed material from publicly or privately owned real or
personal property located within the City and to repair or replace publicly or privately owned
property within the City that has been defaced with graffiti or other inscribed material that
cannot be removed cost effectively, or to otherwise abate graffiti attracting surfaces as defined
hereinabove.
1. General. Any person applying graffiti within the City shall have the duty
to remove same in a manner approved by the City within twenty-four hours after notice by the
City or the public or private owner of the property involved. Failure of any person to so remove
graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code
Section 1713.1, where graffiti is applied by minors, the parent or guardian shall be responsible
for such removal or payment for the cost thereof.
2. Public Property. Subject to the provisions of subsection 1 of this section,
whenever the City Manager or his/her designated representative determines that graffiti exists
upon property owned by the City, it shall be removed within twenty-four (24) hours after it is
observed by the City staff. When property is owned by a public entity other than the City, the
removal of the graffiti may be authorized by the City Manager or his/her representative, and
removal/abatement undertaken by City personnel or independent contractor, only after securing
written consent of the public entity having jurisdiction over the property.
Utilities that are a part of the City of Grand Terrace operating under a franchise granted by the
City which demonstrate an established policy to abate graffiti are exempt from the procedures
regulating graffiti detailed within this ordinance.
3. Private Property.
a. Duty to Remove. It is every property owner's duty to remove
graffiti promptly from his/her property. Where graffiti is located upon private property, and is
capable of being viewed by persons utilizing any public right-of-way or sidewalk within the
City, the City shall cause a written notice to be served upon the owner of the affected premises
requesting the removal of that graffiti. Unless the property owner provides specific written
consent authorizing the City or its contractor abate the graffiti, the property owner shall have
twenty-four (24) hours after the date of the City's notice to remove the graffiti. Failure to
remove or authorize City removal as specified shall be a violation for each day the graffiti is not
6
removed and deemed to authorize the City's removal pursuant to court order and assessment of
costs of such removal as a lien on the subject property.
b. Notice of Abatement. The notice shall be addressed to the name
and address as appears on the last tax assessment roll, by depositing a copy of the notice in the
U.S. mail, with postage fully pre-paid, or personally delivering a copy of the notice to owner.
The service is complete at the time of such deposit in the mail or when personal service is
effectuated. The failure of any person to receive such notice shall not affect the validity of any
proceeding.
C. Authorization to Enter Hold Harmless. Prior to the entry onto
private property by City personnel or authorized contractor for purposes of graffiti removal, a
specified and signed written consent form shall be obtained from the private property owner or
designated agent for such authorization of entry and release of liability. After written consent is
received, City personnel or authorized contractor shall remove the graffiti within twenty-four
(24)hours.
d. Authorization to Enter Court Order. If a specified and signed
written consent to enter upon private property is not obtained from or is refused by the property
owner or designated agent, the City may enter upon the property to abate the nuisance pursuant
to a court order obtained from a San Bernardino County Superior Court judge. After the court
order is received, City personnel or authorized contractor shall remove the graffiti within twenty-
four(24) hours.
e. Enforcement. Enforcement by way of criminal prosecution is an
additional remedy to other abatement and enforcement procedures available to the City.
C. Scope of Abatement. Notwithstanding the provisions of Chapter 8.28 of this
Code, the use of public funds for the removal of graffiti or the painting or repairing of surfaces
containing graffiti, shall not be used to provide for the painting or repairing of any more
extensive area than that where the graffiti is located unless the City Manager, or his designee,
determines in writing that a more extensive area is required to be repainted or repaired in order to
avoid aesthetic disfigurement to the neighborhood or community, or unless a responsible party
agrees in writing to pay for the costs of repainting or repairing the more extensive area.
D. Appeal of Notice of Abatement. Notwithstanding any other provision of this
Code, any appeal of a Notice of Abatement as it relates to the conditions referenced in section
9.28.090(A) must be filed within four (4) calendar days from the date of the Notice of
Abatement. Failure of the City Clerk to receive a timely notice of.appeal constitutes a waiver of
the right to contest a Notice of Abatement. In this event, the Notice of Abatement is final and
binding. All appeals under this Chapter shall be heard as follows:
1. The hearing to determine whether a nuisance as described in
Section 9.28.090A exist shall be conducted by the city manager or his duly'authorized designee
who shall act as hearing officer; and who shall herein be referred to as the "Hearing Officer"
who shall consider all relevant evidence including, but not limited to, applicable staff reports,
7
objections or protests relative to the existence of such alleged public nuisance, and the manner
proposed for abatement of same. Such hearing may be continued from time to time.
2. Upon the conclusion of said public hearing, the hearing officer shall, on
the basis of the evidence presented at such hearing, determine whether the premises, or any part
thereof, as maintained, shall constitute a public nuisance, as defined in this code. If the hearing
officer findings that a public nuisance exists, he shall, by written notice, order the same abated in
a reasonable period of time as set forth in said notice. The determination of the hearing officer
shall be final and conclusive.
3. A copy of the hearing officer's order of abatement shall be served upon
the owner of the property by United States mail or by personal delivery together with a detailed
list of needed corrections or abatement methods. In addition, a copy of the order shall be posted
in a conspicuous place on the property.
9.28.100—Prevention of Graffiti Through Land Use Entitlements
A. In approving tentative or parcel maps, subdivision maps, conditional use permits,
variances, or other land use entitlements, the City shall consider imposing conditions reasonably
related to the control of graffiti and/or the mitigation of the impacts of graffiti. Such conditions
may include, without limitation, any or all of the following:
1. Installation and use of anti-graffiti materials (as approved by the Director
of Community Development or his/her designee) on surfaces which are likely to be graffiti
attracting surfaces;
2. Installation and use of landscaping to screen or provide a barrier to
surfaces prone to graffiti or are likely to be a graffiti attracting surface;
3. Installation and use of additional lighting to areas that are likely to be
graffiti attracting surfaces and areas adjacent thereto;
4. Applicant or owner shall immediately remove any graffiti at the property;
5. Right of access by City forces to abate graffiti; and,
6. Applicant or permittee to supply the City with sufficient matching paint
and/or anti-graffiti material on demand for use in the abatement of graffiti by City forces.
B. Persons applying for any tentative or parcel maps, subdivision maps, conditional
use permits, variances, or other land use entitlements shall, as part of any conditions, covenants,
or restrictions of any approval for said application, covenant, which covenant shall run with the
land in a form satisfactory to the City, that the applicant, and any and all successors in interest of
the property, shall comply with all conditions, covenants, or restrictions of said approval.
8
9.28.110—Reward for Information
A. Pursuant to California Government Code section 53069.5, the City does hereby
offer a reward in an amount to be established by resolution of the City Council, for information
leading to the arrest and conviction of any person for a violation committed within the City of
California Penal Code sections 594 or 594.3 (by the use of graffiti), 640, 640.5, 640.6, or
sections 9.28.030, 9.28.040, 9.28.050, or 9.28.060 of this Chapter. In the event of multiple
contributors of information, the reward amount shall be divided by the City in the manner it shall
deem appropriate. For the purposes of this section, diversion of the offending violator to a
community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
B. Claims for rewards under this section shall be filed, in writing, with the City
Clerk. Each claim shall:
1. Specifically identify the date, location, and kind of property damaged or
destroyed,
2. Identify the date and time of reporting, the method of reporting to the City,
and the particulars that were reported that made it possible to arrest and convict the suspect.
3. Identify by name the person who was convicted, and,
4. Identify the court and the date upon which the conviction occurred.
C. No claim for a reward shall be allowed by the City Council unless the City
investigates and verifies the accuracy of the claim and determines that the requirements of this
section have been satisfied. The investigation must determine that the claimant's information
was relevant and directly responsible for the arrest and conviction of the suspect.
D. Any person committing graffiti vandalism, and if said person is an unemancipated
minor, then the parent or lawful guardian of said minor, shall be civilly liable for any reward
paid pursuant to this section.
9.28.120—Parental Responsibility
A. Pursuant to California Civil Code section 1714.1(b), where graffiti is applied by
an unemancipated minor, the parents or legal guardian of said minor shall be jointly and
severally liable for payment of civil damages resulting from the misconduct of the minor in an
amount not to exceed ten thousand dollars ($10,000) for each such offense. The parent or legal
guardian of said minor shall also be civilly liable for any reward paid pursuant to section
9.28.110(D) of this Chapter.
B. Whenever deemed appropriate, it is the City's intent to collect abatement and
related administrative costs incurred in the summary abatement of any nuisance resulting from
the defacement by a minor or other person of the property of another by graffiti or any other
inscribed material. Notice shall be given to the minor or other persons prior to the recordation of
a lien on the parcel of land owned by the minor or other person and to the parent or guardian
9
having custody and control of the minor prior to the recordation of a lien on the parcel of land
owned by the parent or guardian having custody and control of the minor.
The notice shall be served in the same manner as a summons in a civil action pursuant to
Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of
Civil Procedure. If the minor or other person, after diligent search, cannot be found, the notice
may be served by posting a copy of the notice upon the property owned by the minor or other
person, in a conspicuous place, for a period of 10 days. The notice shall also be published
pursuant to Section 6062 in a newspaper of general circulation that is published in the county in
which the property is located. If the parent or guardian having custody and control of the minor,
after diligent search, cannot be found, the notice may be served by posting a copy of the notice
upon the property owned by the parent or guardian having custody and control of the minor, in a
conspicuous place, for a period of 10 days. The notice shall also be published pursuant to
Section 6062 in a newspaper of general circulation that is published in the county in which the
property is located.
A graffiti nuisance abatement lien shall be recorded in the office of the Recorder of San
Bernardino. From the date of recording, the lien shall have the force, effect, and priority of a
judgment lien.
A graffiti nuisance abatement lien authorized by this section shall specify the amount of
the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement
order; the street address, legal description, and assessor's parcel number of the parcel on which
the lien is imposed; and the name and address of the recorded owner of the parcel.
If the lien is discharged, released, or satisfied, either through payment or foreclosure,
notice of the discharge containing the information specified above shall be recorded by the
governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be
indexed in the grantor-grantee index.
A graffiti nuisance abatement lien may be satisfied through foreclosure in an action
brought by the City.
As used in this section, "abatement and related administrative costs" include, but are not
limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material,
costs of repair and replacement of defaced property, and the law enforcement costs incurred by
the City, County, or City and County in identifying and apprehending the minor or other person.
C. As an alternative to the procedure specified in Section 9.28.120B whenever
deemed appropriate, it is the City's intent to make the costs and related administrative costs of
the abatement of any nuisance described in Section 9.28.090A resulting from the defacement by
a minor or other person of property of another by graffiti or other inscribed material, a special
assessment against a parcel of land owned by the minor or other person or by the parent or
guardian having custody and control of the minor. The assessment may be collected at the same
time and in the same manner as ordinary municipal taxes are collected and shall be subject to the
same penalties and the same procedure and sale in case of delinquency as provided for ordinary
municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes
10
shall be applicable to the special assessment. However, if any real property to which the
abatement and related administrative costs relate has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and
attaches thereon prior to the date on which the first installment of the taxes would become
delinquent, then the abatement and related administrative costs shall not result in a lien against
the real property but shall instead by transferred to the unsecured roll for collection. Notices or
instruments relating to the abatement proceeding or special assessment may be recorded.
9.28.130—Collection of Costs of Abatement—Lien or Assessment.
A. Whenever deemed appropriate, it is the City's intent to collect abatement and
related administrative costs incurred in abatement of the nuisance described in this Chapter by a
nuisance abatement lien.
1. Prior to the recordation of the lien, notice shall be given to the owner of
record of the parcel of land on which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current.
2. The notice shall be served in the same manner as summons in a civil
action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of
Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy thereof in a conspicuous place upon the
property for a period of 10 days and publication thereof in a newspaper of general circulation
published in the county in which the property is located pursuant to Section 6062.
3. A nuisance abatement lien shall be recorded in the County Recorder's
Office in San Bernardino and from the date of recording shall have the force, effect and priority
of a judgment lien.
a. A nuisance abatement lien authorized by this section shall specify
the amount of the lien, the name of the City, the date of the abatement order, the street address,
legal description and assessor's parcel number of the parcel on which the lien is imposed, and the
name and address of the recorded owner of the parcel.
b. In the event that the lien is discharged, released, or satisfied, either
through payment or foreclosure, notice of the discharge containing the information specified in
paragraph a. shall be recorded by the City.
C. A nuisance abatement lien may be foreclosed by an action brought
by the City for a money judgment.
B. As an alternative to the procedure authorized by Section 38773.1, whenever the
City deems appropriate, the cost of abatement of a nuisance may be recovered by imposition
upon a parcel of land a special assessment against the parcel.
C. A City or the prevailing party may recover attorneys' fees in any action,
administrative proceeding, or special proceeding to abate a nuisance. In no action,
administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing
11
party exceed the amount of reasonable attorneys' fees incurred by the City in the action or
proceeding.
D. If the City chooses to proceed pursuant to this Section, notice shall be given, by
certified mail, to the property owner, if the property owner's identity can be determined from the
County Assessor's or County Recorder's records. The notice shall be given at the time of
imposing the assessment and shall specify that the property may be sold after three years by the
tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be
affected by the failure of the property owner to receive notice. The assessment may be collected
at the same time and in the same manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure and sale in case of delinquency as provided
for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of
municipal taxes shall be applicable to the special assessment. However, if any real property to
which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of the taxes would become delinquent, then the
cost of abatement shall not result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
E. The City may, subject to the requirements applicable to the sale of property
pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential
developed property for which the payment of that assessment is delinquent.
9.28.140—Penalties
A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor
offense and subject to the penalties set forth in Chapter 1.12 of this Code.
B. Additional Penalties. Whenever deemed appropriate, it is the City's intent to
petition a sentencing court to impose the following additional penalties or conditions of any grant
or probation, diversion, deferred entry of judgment, or other court supervision (including upon a
determination that a minor is to be a ward of the court as a result of committing an act of
vandalism or graffiti) upon conviction:
1. Suspension or delay in issuance of driver's license (pursuant to California
Vehicle Code section 13202.6);
2. Community service and/or graffiti removal service (pursuant to California
Penal Code sections 640.6 and 1203 et seq., Welfare & Institutions Code sections 728 and
729.8, and Vehicle Code section 42001.7).
C. Treble Damages. In accordance with Government Code Section 38773.7, upon
entry of a second or subsequent civil or criminal judgment within a two-year period finding that
an owner of property or a person described in paragraph (3) of subdivision (d) of Section 38772
is responsible for a condition that may be abated in accordance with an ordinance enacted
pursuant to Section 38773.5 and 38773.6, except for conditions abated pursuant to Section 17980
12
of the Health and Safety Code, the court may order that person to pay treble the costs of the
abatement.
D. Cumulative Remedies. The remedies provided in this Ordinance are in addition
to other remedies and penalties available under provisions of other applicable City ordinances,
the laws of the State of California, or the laws of the United States.
9.28.150—Severability
The City Council hereby declares that, should any provision, section, paragraph,
' sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full
force-and-effect.
ADOPTED by the City Council and signed by the Mayor and attested by the City
Clerk this day of , 2008.
Mayor
I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, hereby certify that the
foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the
of , 2008, and that thereafter the said ordinance was duly and
regularly adopted at a meeting of the City Council on the day of
2008, by the following vote,
Ayes:
Noes:
Absent:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of
Grand Terrace, California, this day of 2008.
City Clerk for the City of Grand Terrace
13
ORDINANCE NO. 08 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE REGULATING ROOMING AND BOARDING HOUSES) (including
Parolee-Probationer Homes and Sober Living Homes) WITHIN THE CITY OF GRAND
TERRACE
J,
The City Council of the City of Grand Terrace does ordain as follows:
SECTION 1: FINDINGS. The following Findings are adopted in support of amendments to the Zoning
Code by the City of Grand Terrace regulating Rooming and Boarding Houses (including parolee-
probationer homes and sober living homes) in the City of Grand Terrace:
A. This Ordinance is hereby adopted on an Urgency basis pursuant to the authority of
Government Code Section 36937. Its adoption on an urgency basis is necessary for the
preservation of the public, peace, health and safety.
B. Currently, there are no existing regulations governing Rooming and Boarding Houses,
and specifically parolee-probation homes and sober living facilities. The impact of non-
State licensed facilities opening in residentially-zone neighborhoods would have an
immediate and irreversible economic impact on adjacent residences given the current
economics of the housing market, potentially resulting in increased foreclosure and
resident displacement. Depending upon the nature of the occupancy, due to the lack of
regulations adverse impacts on neighborhood safety, parking and residential occupancy
are likely to occur.
C. The proposed amendments ensure and maintain internal consistency with all of the
objectives, policies, general land uses, programs, and actions of all elements of the
General Plan. None of the amendments conflict with current General Plan policies,
objectives or programs.
D. The proposed amendments are necessary in order to preserve the residential character
of single-family residential neighborhoods, and will not be detrimental to the public
convenience, health, safety, or general welfare of the City because the regulations
establish reasonable permit requirements and development standards, and will avoid an
over-concentration of such facilities in single-family residential zones.
E. The proposed amendments are in compliance with the provisions of the California
Environmental Quality Act pursuant to Section 15061(b) (3) because it can be seen with
certainty that there is no possibility that the proposed code amendments may have a
significant effect on the environment.
F. The proposed amendments are internally consistent with other applicable provisions of
the Development Code.
1 COUNCIL AGENDA ITEM NO.jp�,
SECTION 2: CODE AMENDMENT. The definition of "Rooming House" in Section 18.06.675
Title 18 of the Grand Terrace Municipal Code is hereby amended to read as follows:
"Rooming and Boarding House. A residence or dwelling, other than,a hotel, wherein three or
more rooms, with or without individual or group cooking facilities, are rented to individuals under
separate rental agreements or leases, either written or oral, whether or not an owner, agent or
rental manager is in residence. Included within the definition of Rooming and Boarding House
are Parolee- Probationer Home and Sober Living Home as defined herein. "
SECTION 3: CODE AMENDMENT. The definition of "Parolee-Probationer Home" (including
"Parolee-Probationer") is hereby added as Section 18.06.593 of Title 18 of the Grand Terrace
Municipal Code to read as.follows:
"Parolee - Probationer Home. Notwithstanding the definition of Rooming and Boarding
Houses, any residential structure or unit, whether owned'and/or operated by an individual or for-
profit or non-profit entity, which houses two or more parolee-probationers (as defined herein),
unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary
consideration given and/or paid by the parolee-probationer and/or any individual or
public/private entity on behalf of the parolee-probationer, excluding parolee-probationers who
reside in a state-licensed residential care facility.
1. Parolee— Probationer. An individual as follows: (1) convicted of a federal crime,
sentenced to a United States federal prison, and received conditional and revocable
release in the community under the supervision federal probation officer; (2) who is
serving a period of supervised community custody as defined by California State Penal
Code Section 3000, following a term of imprisonment in a State prison, and is under the
jurisdiction of the California Department of Correction, Parole and Community Services
Division; or (3) an adult or juvenile individual sentenced to a term in the California Youth
Authority and received conditional and revocable release in the community under the
supervision of a Youth Authority parole officer."
SECTION 4:. CODE AMENDMENT. The definition of"Sober Living Home" is hereby added as
Section 18.06.857 of Title 18 of the Grand Terrace Municipal Code as follows:
"Sober Living Home. Notwithstanding the definition of Rooming and Boarding House, any
residential structure or unit which houses two or more persons unrelated by blood, marriage, or
legal adoption, in exchange for monetary or non-monetary consideration who reside in said
residential structure or unit for the purpose of recovering from problems related to alcohol, drug,
or alcohol and drug misuse or abuse, and the facility does not provide alcohol or drug recovery
or treatment services on-site, thereby not requiring a license from the State."
SECTION 5: CODE AMENDMENT. Section 1.8.67 entitled "Rooming and Boarding House" is
hereby added to Title 18 of the Grand Terrace Municipal Code as follows:
I. Rooming and Boarding Houses. Rooming and Boarding Houses (including Parolee-
Probationer Homes and Sober Living Homes) as defined in Chapter 18.06.675 (a) of this Title,
may be established only upon approval of a conditional use permit for six or fewer occupants,
and shall be prohibited for more than six occupants subject to the following,standards:
2
I. Conditional Use Permit Required. It shall be unlawful in all zones of the City to
operate a Rooming and Boarding House, a Parolee-Probationer-Home and/or Sober
Living Home without first having obtained a Conditional Use Permit.
2. Filing Requirements. The application for a conditional use permit for a Rooming and
Boarding House, Parolee-Probationer Home or Sober Living Home shall include the
following information:
a. Client'profile (the subgroup of the population the facility is intended to serve, such as
single men, families, elderly, minor children, developmentally disabled, etc.);
b. Maximum number of occupants including support staff;
c. Proposed maximum stay for each resident, parolee-probationer or occupant;
d. Support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
3. Site Location Criteria. In evaluating a proposed Rooming and Boarding House,
Parolee-Probationer Home or Sober Living Home, the following criteria shall be
considered:
a. Compatibility of the use with neighboring uses;
b. Establishment of the facility will not result in harm to the health, safety or general
welfare of the surrounding neighborhood, and substantial adverse impacts on
adjoining properties or land uses will not result;
c. The facility shall be located along or near a collector or arterial street with reasonable
access to public transportation;
d. The facility shall be accessible to necessary support services; and
e. In the case of the Sober Living and Parolee-Probationer Home, it shall not be located
within one thousand-feet of a public or private school (pre-school through twelfth
i grade), student housing, senior housing, child care facilities, public parks and trails
or businesses licensed for on-or off-site-sales of alcoholic beverages, as measured
from any point on the outside walls of the Home to the nearest property line of the
noted use.
4. Development Standards. Any Rooming and Boarding House, Parolee-Probationer
Home or Sober Living Home shall comply with the following:
a. The facility shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided. The precise number of parking spaces
required will be determined by the approving,authority based on the operating
characteristics of the specific proposal;
c. Both indoor and outdoor open areas shall be provided on site;
d. All setback standards of the underlying zone shall be met;
e. Signs as permitted in Chapter 18.80;
f. On-site staff supervision shall be required for parolee-probationer homes and sober
living homes during all hours of operation;
g. Individual client stays at parolee-probationer homes and sober living homes shall not
exceed one hundred eighty (180) days; and
h. The facility's management shall participate in any formal residential crime prevention
program (i.e., Crime Free Multi-Housing Program) provided by the City and as
required under the conditional use permit. If the program offers certification then that
certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in
accordance with Chapter 18.83 of this Title.
3
5. Existing Uses. Any existing Rooming and Boarding House, Parolee-Probationer Home or
Sober Living Home must comply with these requirements, submitting for the required conditional
use permit within sixty (60) days of the effective date of this ordinance and completing the
conditional.use permit within one hundred-and-eighty (180) days of the effective date of this
ordinance. A filing extension may be granted by the Planning Director when it is verified that
good faith efforts to budget and/or secure funds are made, financial hardship exists, and a
favorable recommendation is obtained from the Department. The Police Department
recommendation is based upon a review of calls for service and criminal history at the parolee-
probationer home or sober living home for the previous twelve (12) months. The Planning
Director may exempt an existing use from obtaining the required CUP. This subsection shall
sunset and no longer be effective on the date that is two years after the effective date of this
ordinance.
6. Changes to Operation. Any change in operating conditions from what was originally
approved and imposed by the City, including, but not limited to, the number of occupants,
residents or parolees-probationers, or any modifications to the conditions of approval pursuant
to the required conditional use permit shall require the immediate submittal of a request for
revision of the required conditional use permit.
7. Existing Facilities. An existing Rooming and Boarding House, Parolee-Probationer Home
or Sober Living Home established pursuant to any conditional use permit discontinued for any
period of time, excluding a maximum thirty-day closure required to perform necessary repairs or
restoration which does not increase the square footage of the residence, is deemed abandoned
and any subsequent establishment of a Rooming and Boarding House,. Parolee-Probationer
Home or Sober Living.Home shall be required to first obtain a new conditional use permit.
SECTION 7: SEVERABILITY. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION. 8: ADOPTION. This Ordinance shall become effective immediately upon its
adoption, pursuant to Government Code Section 36937. The City Clerk shall certify to the
adoption of this ordinance and shall publish a summary of this ordinance the names of the
council members voting for and against the ordinance.
4
ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this
_day of April, 2008.
Mayor
City of Grand Terrace
r--
ATTEST:
City Clerk
City of Grand Terrace
APPROVED AS TO FORM:
JOHN HARPER, City Attorney
City of Grand Terrace
I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, hereby certify that the
foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the
of , 2008, and that thereafter the said ordinance was duly and
regularly adopted at a meeting of the City Council on the day of
, 2008, by the following vote,
Ayes:
Noes:
Absent:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of
Grand Terrace, California, this day of , 2008.
Brenda Mesa
City Clerk of the City of Grand Terrace
5
ORDINANCE NO:
AN ORDINANCE OF THE CITY OF GRAND TERRACE AUTHORIZING
NOTIFICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY
.DEVELOPMENT FOR THE CANCELLATION OF ENFORCEMENT
RESPONSIBILITY FOR THE MOBILEHOME PARKS ACT AND THE SPECIAL
OCCUPANCY PARKS ACT.
1. Pursuant to subdivisions 18300(e)and 18865(e)of the California Health and Safety Code
and Section 1006 of the California Code of Regulations,Title 25,Division 1,Chapter 2,the
City of Grand Terrace does hereby provide notification to the Department of Housing and
Community Development of its intent to cancel its assumption 'of responsibility for
enforcement of the Mobilehome Parks Act(Health and Safety Code 18200 et.Seq.)and the
Special Occupancy Parks Act(Health and Safety Code 1860 et. Seq.).
2. Provided the applicable provisions for cancellation of responsibility, contained in the
Mobilehome Parks Act have been met,this Ordinance shall become effective no sooner than
30 days after receipt by the Department of Housing and Community Development.
Mayor of the City of Grand Terrace
and the City Council thereof.
Attest:
Brenda Mesa, City Clerk
I, Brenda Mesa, City Clerk of the City of Grand Terrace, California,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 24th day of June 2008,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Approved as to form: City Clerk
John Harper, City Attorney
COUNCIL AGENDA ITEM NO. -?�