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07/14/2009 ....... LE C0PV, ,-- C.1 T y GRBnDTERR c July 14 2009 t 22795 Barton Road Grand Terrace California 92313-5295 Civic Center, CITY- OY GRAND TERRACE- - (909)824-6621 Fax(909)783-7629 Fax(909)783-2606 Maryetta,FerrE CRAJCITY COUNCIL Mayor REGULAR MEETINGS Lee'AnnGarcia 2ND AND 4TH Tuesday - 6,:00: p•m.Mayor Pro Tern , Bea Cortes Jim Miller Walt Stanckiewitz Council Members Steve Berry Acting City Manager ' Council Chambers " -Grand Terrace Civic Center 22795 Barton'Road Grand lerrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS July 14,2009 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE.AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 06-23-2009 Minutes Approve 2. Right-of-Way,Landscaping Improvements on Grand Terrace Road, Authorize Between Barton Road and Vivienda 3. Annual Statement of Investment Policy Approve 4. Resolution to Change Authorized Signatures for the Local Agency Adopt Investment Fund(LAIF) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Introduction of Lt.Allen,San Bernardino County Sheriff s Department&Certificate of Appreciation to Sgt.Gomez B. Home of Distinction Award 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 07-14-2009 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 06-23-2009 Minutes Approve COUNCIL AGENDA 07-14-2009 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION D. Resolution to Change Authorized Signers with California Asset Approve Management Program(CAMP) E. Resolution to Change Authorized Signatures for Local Agency Approve Investment Fund(LAIF) F. Resolution to Authorize Bank Account Signers with Citibank, Approve NA G. Resolution to Authorize Designated Bank Account Signers with Approve Bank of America H. Resolution to Authorize Bank Account Signers with BBVA Approve Bancomer I. Award Contract for Mount Vernon Avenue Bike Lane Award Improvements(GTB-09-03A)-Roquet Paving J. Purchase Portions of Property(APN: 1167-121-03&1167-12 1- Approve 04)for Use as Right-of-Way(Row)for the Barton Road Bridge Overhead Project K. FY 2009-2010 Appropriations Limitation Approve L. Right-of-Way Landscaping Improvements on Grand Terrace Authorize Road,Between Barton Road and Vivienda 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. REPORTS A. Committee Reports 1. Community Emergency Response Team(C.E.R.T.) a. Minutes of May 5,2009 Accept 2. Historical&Cultural Activities Committee a. Minutes of June 2,2009 Accept 3. Emergency Operations Committee a. Minutes of June 2,2009 Accept B. Council Reports 6. PUBLIC HEARINGS A. 2009-2010 Annual Review of Landscape and Lighting District Approve 89-1 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS A. Consider GT$5 Blue Mountain Bucks for Small Retail/Service Approve Businesses in Grand Terrace B. Review 2009 Community Events Report and Committee Approve Recommendations I I COUNCIL AGENDA 07-14-2009 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION C. Annual Statement of Investment Policy Approve D. Community Sign Board Use Program E. Accept Resignation of Planning Commissioner Phelps, Set the Accept Deadline for Applications and Schedule a Meeting Date to Conduct Interviews and Possible Appointment 9. CLOSED SESSION A. Evaluation of Acting City Manager and Potential Disciplinary Action(Government Code Section 549579(b)(1) ADJOURN CITY COUNCIL CONVENE GRAND TERRACE PUBLIC FINANCING AUTHORITY 1. Approval of 06-23-2009 Minutes ADJOURN GRAND TERRACE PUBLIC FINANCE AUTHORITY THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,DULY 28,2009 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 -JUNE 23,2009 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 June 23, 2009 at 6:00 p.m. PRESENT: Maryetta Ferre, Chairman Bea Cortes, Agency Member Jim Miller, Agency Member Walt Stanckiewitz,Agency Member Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields,Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, Sheriff s Department ABSENT: Lee Ann Garcia, Vice-Chairman John Salvate, San Bernardino County Fire Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 06-09-2009 MINUTES CRA-2009-28 MOTION BY AGENCY MEMBER STANCKIEWITZ, SECOND BY AGENCY MEMBER CORTES, CARRIED 4-0-1-0 (VICE-CHAIRMAN GARCIA WAS ABSENT), to approve the June 9, 2009 Community Redevelopment Agency Minutes. ADOPT FY 2009-2010 CRA BUDGET, CRA LOAN RESOLUTION AND RESOLUTION FOR RETROACTIVE REMITTANCE FOR RESIDUAL RECEIPTS AGREEMENT CRA-2009-29 MOTION BY AGENCY MEMBER CORTES,SECOND BY AGENCY MEMBER MILLER, CARRIED 4-0-1-0 (VICE-CHAIRMAN GARCIA WAS ABSENT), to adopt the FY 2009-2010 CRA Budget Resolution,the CRA Loan Resolution and the Resolution for Retroactive Remittance for Residual Receipts Agreement. Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:15 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,July 14,2009 at 6:00 p.m. CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes June 23,2009 Page 2 SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace �I CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace I STAFF REPORT CRA ITEM ( X ) COUNCIL ITEM ( X ) MEETING DATE: July 14, 2009 FUNDING REQUIRED: ( ) NO FUNDING REQUIRED ( X) SUBJECT: RIGHT-OF-WAY LANDSCAPING IMPROVEMENTS ON GRAND TERRACE ROAD, BETWEEN BARTON ROAD AND VIVIENDA AVENUE RECOMMENDATION: Authorize staff to design and obtain public bids for the recommended project, to be funded by the Redevelopment Agency Background: On April 18, 2009, staff met with residents of the Grand Terrace-Vivienda neighborhood to discuss the Spring 2009 Neighborhood Revitalization Project that was later held on June 6, 2009. Residents of the neighborhood expressed several concerns, which staff has previously shared with the Agency and prioritized. One of the requests was that the City improve the unsightly condition of the right-of-way areas along the western and southern borders of the Grand Terrace Mobile Home Park located on the northeast corner of Barton and Grand Terrace Roads. The area consists of a 13 feet wide by 1,200 feet long public right-of-way that is currently devoid of landscaping. It is a primary concern of the residents because it is a very unattractive entrance to the neighborhood, along with the poor street conditions. Staff has evaluated several low-cost and low-water landscaping options with the City Engineer and Maintenance Crew. Staff also has negotiated a partnership with the owner of the Grand Terrace Mobile Home Park to maintain and water the improved area after installation. The irrigation will be connected to the park's water meters, and the owner will pay the costs of irrigation. In addition, they will perform regular maintenance. If the Council and Agency Board concur with the staff recommendations, a formal agreement with be prepared and signed before the project is designed. A letter of intent from the owner's representative is attached to this report (Attachment 1). Engineering costs for the project would be approximately $14,600. This work would include preparation of plans and specifications for project bidding and construction management. The City contracts with Willdan Engineering to perform work such as this, as the City Engineer. However, these estimated costs are not currently included in the City's FY 2009-10 budget. Staff recommends that the Agency fund the project with its 80% capital project funds. CRA AGENDA ITEM NO. 1 The construction costs have been estimated by the City Engineer in the range of $60,000-$65,000. The scope of work would include grading, installation of a weed resistant surface, appropriate low-water plants and trees, and an irrigation system. This project is proposed to build upon the City's positive image by improving our neighborhood entrances. The cooperation offered by the Grand Terrace Mobile Home Park is a community partnership opportunity that would limit the City's maintenance costs and improve relationships within the neighborhood. Staff is continuing to evaluate the best options for reconstructing Grand Terrace Road in this area, through discussions with Riverside Public Utilities. Although they are required to repair the damage caused by their water line project, there were poor conditions pre-existing that must be properly evaluated before adding a new layer of slurry that may only last up to four years. Staff would return to the City Council and the Agency for bid award and a formal budget appropriation. The goal is to complete the design and bidding during the summer months, and to begin installation in October or November. Recommendations: 1. Direct staff and the City Attorney to prepare a maintenance agreement with Grand Terrace Mobile Home Park, and authorize the Mayor/Agency Chairperson to execute the agreement. 2. Direct staff to complete the project design and bid specifications. 3. Direct staff to publicly bid the project and return for authorization to award the bid. _ Fiscal Impact: The total cost for design and installation of the proposed project is estimated to be about $74,600-79,600, which may be funded by the Redevelopment Agency. After meeting all currently budgeted obligations, the Agency has approximately $4.64 million available for property acquisition and capital projects. Attachment: 1. Letter from the Grand Terrace Mobile Home Park representative i I 2 i I Grand Terrace MHP 21845 Grand Terrace Road Grand Terrace, CA I (909) 514-0104 i 7/8/09 I On behalf of the management and owners of Grand Terrace MHP,we look forward to a long term partnership with the city of Grand Terrace by supplying water service and cost of water for the drip irrigation system proposed by Joyce Powers.We pledge our additional support by having our groundskeepers monitor and maintain the foliage that may be planted adjacent to GTMHP property line. If we can assist in any other way we look f and to discussing the matter soon. Rick Bloom Westland Industries Mobile Home Park Operations Manager (310) 863-7686 Rick(24westlandindustries.com i I I I 3 1 Y j ec _ A`td ,fa4�1�1 CALIFORNIA Staff Report Finance Department CRA ITEM(X) COUNCIL ITEM O MEETING DATE: July 14, 2009 To: Honorable Chairwoman and Board Members From: Bernie Simon, Finance Director SUBJECT: ANNUAL STATEMENT OF INVESTMENT POLICY FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: Section 53646 of the Government Code requires that agencies present their investment policy annually to the governing body for review. DISCUSSION: Staff recommends a change in the investment policy under section 7.0 which would add a requirement that all selected broker dealers be approved by the agency board or the City Council. This would add an additional review to insure that only appropriate broker dealers are being used. FISCAL IWACT: None by this action. RECOMMENDATION: Approve CRA Investment Policy. ATTACHMENTS: Revised CRA Investment Policy. CRA AGENDA ITEM NO. 3 1 I COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY 1.0 POLICY It is the policy of the CRA of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the CRA and conforming to all statutes governing the investment of CRA funds. 2.0 SCOPE i This investment policy applies to all financial assets of the CRA. These funds are audited annually and accounted for in the Comprehensive Annual Report. Funds include the Capital Project Fund, Debt Service Fund and Low-Moderate Income Housing Fund. 3.0 PRUDENCE Investments shall be made with judgment and care, under Circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility and/or liability for an individual security's credit risk or market price changes. 4.0 OBJECTIVE The primary objectives, in order of priority, of the investment activities shall be: 1. SAFETY: Safety of principal is the foremost objective of the investment program. Investments of the CRA shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio. 1 I i I COb2-1UNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY 2. LIQUIDITY: The investment portfolio will remain sufficiently liquid to enable the CRA to meet all operating requirements which might be reasonably anticipated. 3. YIELD: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio. 5.0 DELEGATION OF AUTHORITY Authority to manage the investment of surplus funds is derived from California Government Code Section 53600, et seq., and this policy. Management of bond funds is controlled by Government Code 5922 (d) and such investments must conform to the requirements of the bond indenture. In some cases, it may be appropriate for investment bf bond proceeds to cover a longer duration than those limits established for surplus (operating) funds. Management responsibility for the investment program is hereby delegated to the Treasurer, who shall establish procedures and operate the investment program consistent with this investment policy. Procedures may include, but not limited to, references to: safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate. Treasurer may delegate authority to subordinates for day to day investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer. 6.0 ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. 2 3 i i i I I I COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY 7.0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Agency will prohibit the utilization of outside investment advisors. The Treasurer may select any financial institution/ broker/dealer, selected by credit worthiness, who are authorized to provide investment services in the State of California. No public deposit shall be made except in a qualified public depository as established by state laws. For broker/dealers of government securities and other investments, the Treasurer shall select only broker/dealers who are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the National Association of Securities Dealers. 3 Comment[bl]:ADDITION 8.0 AUTHORIZED INVESTMENTS: The CRA of Grand Terrace is empowered by statute and authorized by Agency Board to invest in the following: A. U.S. TREASURY OBLIGATIONS (TREASURY BILLS, TREASURY I NOTES) . B. REPURCHASE AGREEMENTS. C. CERTIFICATES OF DEPOSIT WITH STATE BANKS, NATIONAL BANKS, STATE OR FEDERAL SAVINGS ASSOCIATIONS, STATE AND FEDERAL CREDIT UNIONS IN CALIFORNIA, that are fully insured by federal or State deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. D. NEGOTIABLE CERTIFICATES OF DEPOSIT, COLLATERALIZED WITH U.S. TREASURY OBLIGATIONS HAVING A MARKET VALUE OF 110%. The Treasurer may, at his discretion, waive security for that portion of a deposit that already is covered by federal or State deposit insurance. i COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY r E. PASSBOOK SAVINGS ACCOUNTS PLACED WITH FEDERAL OR STATE BANKS OR CREDIT UNIONS, that are fully insured by federal or State deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. F. SECURITIES ISSUED BY FEDERAL AGENCIES. r G. LOCAL AGENCY INVESTMENT FUND (LAIF) , Special fund of the State Treasury in which local agencies are allowed to pool their funds for investment purposes up to a maximum of $40 Million. LAIF will have its own investment policy that will differ from the CRA. H. MUTUAL FUNDS, issued by diversified management companies as defined by Section 23701m of the Revenue and Taxation Code, provided that the portfolio of such investment company or investment trust is limited to U.S. government obligations or agencies of the federal government and repurchase agreements fully collateralized by such securities. Li I. POOLS AND OTHER INVESTMENT STRUCTURES INCORPORATING INVESTMENTS PERMITTED IN CALIFORNIA GOVERNMENT CODE SECTIONS 53601 AND 53635, such as local government investment pools sponsored by counties and joint powers authorities. These entities may have their own investment policy that will differ from that of the CRA of the City of Grand Terrace. 9.0 COLLATERALIZATION: All certificates of deposit must be collateralized by U.S. Treasury obligations held by a third party. The Treasurer may waive this requirement up to the amount already insured by federal or State deposit insurance. 10. SAFEKEEPING AND CUSTODY: All securities purchased from broker/dealers shall be conducted on a delivery vs. payment (DVP) basis and 4 5 I COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY it i shall be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts. This would not apply to any book-entry direct purchases from the U.S. Government. I 11. DIVERSIFICATION: The CRA will diversify its investments by security type and institution. i 12. INVESTMENT POLICY ADOPTION: The Investment Policy shall be approved by Agency Board and adopted by resolution of the CRA. This policy has been reviewed and approved by the CRA Board on June 10, 2008. i I I 5 I i I I i I i I � COLfllUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY Adopted by Board 5/08/97 Amended 6/26/97 Amended 8/27/98 Adopted 9/10/98 Amended 1/25/00 Adopted 1/25/01 Adopted 2/14/02 Adopted 2/13/03 Amended 6/24/04 Adopted 6/9/05 Adopted 6/22/06 Adopted 6/12/07 Adopted 6/10/2008 Reviewed 7/14/09 i 6 7 1 a CALIFORNIA Staff Report Finance Department CRA ITEM(X) COUNCIL ITEM() MEETING DATE: July 14,2009 To: Honorable Chairwoman and Board Members From: Bernie Simon, Finance Director SUBJECT: RESOLUTION TO CHANGE AUTHORIZED SIGNATURES LOCAL AGENCY INVESTMENT FUND FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: The Local Agency Investment Fund(LAIF) was created under government code 16429 as an alternative investment for California local government and special districts in 1977. LAIF is part of the Pooled Money Investment Account(PMIA) directed by the State Treasurer's Department. LAIF money is separate and distinct from all other state funds and is not at risk due to budgetary problems of the state. DISCUSSION: The CRA of the City of Grand Terrace invests a majority of surplus cash funds with the State Local Agency Investment Fund (LAIF). Periodically the authorized list of signers needs to be updated due to personnel and/or position title changes. A resolution to change authorized signers is being presented to remove former City Manager Thomas Schwab and to add Acting City Manager Steve Berry. The CRA currently has approximately $15 million invested with LAIF. It is currently yielding 1.53%. FISCAL IMPACT: None by this action. CRA AGENDA ITEM NO.4 1 i I i 2 I RECOMMENDATION: Staff recommends that the Agency Board adopt a resolution to change authorized signatures with the Local Agency Investment Fund. j I _ i I Attachments: 1) Resolution to Change LAIF Authorized Signatures I i i If I i i i i I I i AGENDA ITEM p y I I � 1 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR LOCAL AGENCY INVESTMENT FUND �l WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace (CRA) is a redevelopment agency established under the laws of the State of California; and WHEREAS,the Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the agency. The State Treasurer will invest such funds as part of a pooled money investment account in order to derive the maximum rate of return possible; and WHEREAS, the Local Agency Investment Fund is an authorized investment under the investment policy of the CRA and under government code section 53600; and WHEREAS, the CRA of the City of Grand Terrace periodically needs to update its authorized signers with the Local Agency Investment Fund; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Local Agency Investment Fund on behalf of the CRA; and WHEREAS, deposits may only come from and withdrawals may only be made to designated, authorized CRA and City operating and City investment accounts; and WHEREAS, Local Agency Investment Fund requires the CRA to adopt a resolution to change authorized signers on the account; and THEREFORE, THE AGENCY BOARD OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE HEREBY RESOLVES THE FOLLOWING: 1)All previous resolutions of designated authorized signers with the Local Agency Investment Fund are hereby revoked. 2)Authorized signers on the Local Agency Investment Fund account are: Position Individual Name City Manager (Vacant) Acting City Manager Steve Berry 3 i Finance Director Bernard Simon Sr. Account Technician Patricia Lundsford Account Technician Michelle Boustedt 3) One of the individuals named as authorized signers acting on behalf of the CRA of the City of Grand Terrace is authorized to execute documents on behalf of the agency. 4) One of the individuals named as authorized signers acting on behalf of the CRA of the City of Grand Terrace is authorized to initiate transactions on behalf of the agency. 5) Interest payments, withdrawals and matured investments may only be transferred to an account of the CRA or City of Grand Terrace or paid by a written demand payable to the Community Redevelopment Agency of the City of Grand Terrace. 'i APPROVED AND ADOPTED this 14th day of July, 2009 1 } Ayes: Noes: Abstain: Absent: i Chairwoman I ATTEST: City Clerk vchlist Voucher List Page: 1 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 57989 6/23/2009 011039 EMERALD ESCROW, INC. 57989 Purchase of APN 027646210 32-600-307-000-000 56,124.85 Total : 56,124.85 63738 6/18/2009 005702 PUBLIC EMPLOYEES' RETIREMENT 06122009 Contributions for PRend 6-12-09 10-022-62-00 19,799.81 Total : 19,799.81 63739 6/24/2009 011049 1ST UNITED DOOR TECHNOLOGIES 52812-ADAME Grant Prog. 12710 Royal Ave 32-600-305-000-000 362.82 Total : 362.82 63740 6/24/2009 011050 ASTRO JUMP 062609 Bouncers-Movie in the Park Night 23-200-12-00 310.00 Total : 310.00 63741 6/24/2009 010941 MRS. REDD'S PIES 023575 Pies for Movie in the park event 23-200-12-00 80.00 Total : 80.00 63742 6/24/2009 010884 MORRISON MOBILE COFFEE HOUSE 06262009 Coffee Svc-Movies in the park 23-200-12-00 100.00 Total : 100.00 63743 6/29/2009 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 6-26-09 Contributions for PRend 6-26-09 10-022-62-00 19,730.18 Total : 19,730.18 63744 6/30/2009 011055 ALL AMERICAN DOOR JIVANI Home Improvement Grant Program-Door 32-600-305-000-000 1,000.00 Total : 1,000.00 63745 6/30/2009 001213 AT&T 9098247013793 June dsl subscription svc 10-440-235-000-000 7630 Total : 76.30 63746 6/30/2009 010293 AVAYA, INC 2728891497 PHONE/VOICEMAIL SYSTEM MAINT Page: 1 COUNCIL AGENDA ITEM NO. vchlist Voucher List Page: 2 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63746 6/30/2009 010293 AVAYA, INC (Continued) 10-190-246-000-000 183.46 Total : 183.46 63747 6/30/2009 010063 BALLOON TEAM PROMOTIONS 05012009 Symphony Event Decor 23-200-12-00 367.03 Total : 367.03 63748 6/30/2009 010070 BEARDSLEY, KEVIN 06232009 COUNCIL MTG VIDEO SERVICES 107125-250-000-000 650.00 Total : 650.00 63749 6/30/2009 001713 CA. DEPT. OF TRANSPORTATION 185042 May 1-215 On/Off Ramp Maint. 16-510-238-000-000 189.46 Total : 189.46 63750 6/30/2009 001740 CDW GOVERNMENT INC- PHG5834 #1485945 ADO ACROBAT PRO 9 WIN TS- 10-380-249-000-000 227.46 PLM9975 HP CLJ CP3525DN 30/30 PPM- 10-180-701-000-000 1,002.22 Total : 1,229.68 63751 6/30/2009 011053 CHAVEZ, STACEY 060709 Refund for overpmt park reserve fee 10-450-01 10000 Total : 100.00 63752 6/30/2009 010218 CHEVRON &TEXACO CARD SERVICES 19330705 Maintenance Vehicle Fuel 10-180-272-000-000 442.30 Total : 442.30 63753 6/30/2009 011031 CINTAS CORPORATION#150 150644714 CLEANING AND PAPER GOODS 10-440-228-000-000 78.58 150649529 CLEANING AND PAPER GOODS 1.0-4_40228_000_000 141.11 150654408 CLEANING AND PAPER GOODS 10-440-228-000-000 32.91 -`1 Page. 2 vchlist voucher List Page: 3 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63753 6/30/2009 011031 CINTAS CORPORATION#150 (Continued) 150659191 CLEANING AND PAPER GOODS 10-440-228-000-000 141.11 150664033 CLEANING AND PAPER GOODS 10-440-228-000-000 50.63 150668763 CLEANING AND PAPER GOODS 10-440-228-000-000 50.63 Total : 494.97 63754 6/30/2009 001840 CITY OF COLTON 000919 ANIMAL CONTROL CODE ENF SRVS 10-190-256-000-000, 3,629.00 Total : 3,629.00 63755 6/30/2009 010972 CONSOLIDATED REPROGRAPHICS 019461 Document Management Fees 10-175-255-000-000 8.16 022469 Small Document Indexing 44-200-623-000-000 10.98 Total : 19.14 63756 6/30/2009 001907 COSTCO#478 2277 C. CARE SUPPLIES 10-440-228-000-000 81.11 10-440-220-000-000 27.03 Total : 108.14 63757 6/30/2009 001930 DAILY JOURNAL CORPORATION B1605156 FY 2008/09 LEGAL ADVERTISING 10-125-230-000-000 136.40 B1613267 FY 2008/09 LEGAL ADVERTISING 10-125-230-000-000 149.60 Total : 286.00 63758 6/30/2009 001942 DATA TICKET INC. 27881 FY 08/09 PARKING CITE PROCESSING 10-140-255-000-000 100.00 Total : 100.00 63759 6/30/2009 001960 DELL MARKETING L.P XD7R3N7C6 Printer Toner Cartridge 10-180-701-000-000 103.30 Page: 3 vchlist Voucher List Page: 4 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63759 6/30/2009 001960 DELL MARKETING L.P (Continued) XD858KTX8 SR. CENTER COMPUTER &2 PRINTERS 10-180-701-000-000 1,95570 10-180-701-000-000 140.68 XD886PF36 SR. CENTER COMPUTER &2 PRINTERS 10-180-701-000-000 1978 Total : 2,219.46 63760 6/30/2009 003210 DEPT 32-2500233683 103103/112243� Neighborhood Imp Grant-Schwark 32-600-305-000-000 96356 103762/112243E Neighborhood Imp. Grant-Gorman 32-600-305-000-000 995.86 103816/112243z Neighborhood Imp Grant-Seat' 32-600-305-000-000 999.51 103993/112243E Neighborhood Improve Grant-Ray 32-600-305-000-000 53980 109595/512255" Neighborhood Imp. Grant-Jouen 32-600-305-000-000 99895 109767/512254� Neighborhood Imp. Grant-Dean 32-600-305-000-000 999.17 109867/5122551 Neighborhood Imp Grant-Torres 32-600-305-000-000 996.87 Total : 6,493.72 63761 6/30/2009 002280 EVER READY EMBROIDERY 2146 Code Enf. Officer Uniforms 10-185-210-000-000 4672 Total : 46.72 63762 6/30/2009 002301 FEDEX 922658247 Overnight Delivery Charge 47-100-250-001-000 51 60 10-120-210-000-000 13.95 10-370-210-000-000 20.10 --- --- ----- ----- - - -- Total-* 85.65 -- 63763 6/30/2009 011043 FENG HUA ZHAO 060309 GT Bucks Promo Reimbursement 10-180-230-000-000 10.00 Page: 4 vchlist Voucher List Page: 5 07101/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63763 6/30/2000 011043 FEND HUA ZHAO (Continued) Total : 10.00 63764 6/30/2009 002673 FLANN, ALISA 09SUM Construction Tech Course Reimb 10-172-268-000-000 9600 Total : 96.00 63765 6/30/2009 002677 FOOD CONNECTION 060209 GT"Bucks Promo Reimbursement 10-1,80-230-000-000 18000 Total : 180.00 63766 6/30/2009 002740 FRUIT GROWERS SUPPLY 900342755 Cement for city beutification project 32-600-305-000-000 9.30 90335996 Compressor maint/repair supplies 10-180-246-000-000 15.44 90336808 Misc Beautification supplies 32-600-320-000-000 164.17 90336843 Misc Beautification supplies 32-600-320-000-000 14.27 90343312 Compressor maint/repair supplies 10-180-246-000-000 13.37 Total : 216.55 63767 6/30/2009 011051 GARCIA, RAYMOND 06222009 Reimbursement Child Care drop 10-440-23 13.75 Total : 13.75 63768 6/30/2009 010425 GOLDEN TIGER MARTIAL ARTS 060109 June Martial Arts Fees 10-430-27 471.80 Total : 471.80 63769 6/30/2009 010164 GREAT-WEST JUNE 12, 2009 June Deferred Comp payable 10-022-63-00 4,71953 Total,: 4,719.53 63770 6/30/2009 003020 GREENWOOD'S UNIFORM COMPANY 74623 UNIFORMS 10-1.80-218-000-000 18040 Total : 180.40 Page: 5 vchlist Voucher List Page: 6 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63771 6/30/2009 010752 GST INC. JO1314553 Imaqinq Unit/Imager 34-800-210-000-000 73351 Total : 733.51 63772 6/30/2009 010559 GST-JAGUAR RV1306065 PLOTTER INK AND PAPER 10-380-210-000-000 980.94 RV1306084 NOVELL GROUPWISE MOBILE SERVER 1 YR. 10-380-249-000-000 1,33800 Total : 2,318.94 63773 6/30/2009 011030 HAMEL CONTRACTING INC. 3 FIRE STATION#23 RENOVATION 10-190-723-000-000 145,984.50 Total : 145,984.50 63774 6/30/2009 010944 HERSHEY BUSINESS PRODUCTS 10129 #LFH07277 PHILLIPS SPEECH EXEC PRO 10-125-219-000-000 2,746.05 10-125-219-000-000 180.73 Total : 2,926.78 63775 6/30/2009 003216 HOUSTON & HAR_ RIS PCS, INC. 09-15427 SEWER MAINT& HYDROWASHING 21-573-602-000-000 45000 Total : 450.00 63776 6/30/2009 010872 J & L EQUIPMENT AND SERVICE 00306A Backup Generator Repair 10-180-246-000-000 170.00 Total : 170.00 63777 6/30/2009 011054 LITTLE CAESARS PIZZA 06032009 GT Bucks Promo Reimbursement 10-180-230-000-000 255.00 Total : 255.00 63778 6/30/2009 010812 LOWE'S COMMERCIAL SERVICES 10342 MAINT SUPPLIES 10-450-245-000-000 10954 Total : 109.54 63779 6/30/2009 004589 MARTINEZ, TRACEY Medical Reimb f Final Medical Reimb. Benefit 10-125-139-000-000 45.00 Page: 6 � 1 C (r vchlist Voucher List Page: 7 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63779 6/30%2009 004589 MARTINEZ, TRACEY (Continued)- Total : 45.00 63780 6/30/2009 005435 ORIENTAL TRADING COMPANY 632129944-01 Misc. Decor-Movie in the park 23-200-12-00 28696 Total : 286.96 63781 6/30/2009 011052 ORTEGA, KAREN 06182009 Reimbursement Child Care drop 10-440-21 1019 Total : 10.19 63782 6/30/2009 005586 PETTY CASH_ 06292009 Petty Cash Replenishment 10-440-221-000-000 78.88 10-440-223-000-'000 106.51 10-440-228-000-000 43.57 Total : 228.96 63783 6/30/2009 010171 REPUBLIC ELECTRIC 509111 May traffic siqnal call outs 16-510-255-000-000 100.79 Total : 100.79 63784 6/30/2009 006285 RIVERSIDE HIGHLAND WATER CO 06032009 April-June City Water Service 10-190-238=000-000 547.01 10-440-238-000-000 98.65 10-450-238-000-000 6,479.02 10-805-238-000-000 264.44 34-500-726-000-000 641.37 26-600-239-000-000 200.37 34-700-709-000-000 - 9.80 34-700-710-000-000 9.80 34-700-767-000-000 9.80 26-601-239-000-000 39.64 Total : 7,299.90 63785 6/30/2009 006335 ROQUET PAVING INC. 0606-09 1-215 northbound on ramp pavinq 46-200-270-000-000 32,505 00 0606-09A 1-215 Fwy offramp pavinq 46-200-270-000-000 31,015 00 Page: 7 vchlist Voucher List Page: 8 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63785 6/30/2009 006335 ROQUET PAVING INC. (Continued) 0606-09B Repair @ Barton west of bridge 46-200-270-000-000 18,543.00 0606-09C Addl 1-215 Northbound off ramp imp. 46-200-270-000-000 28,280.00 Total : 110,343.00 63786 6/30/2009 006531 S.B. COUNTY SHERIFF 8820 FY 08/09 CONTRACT LAW ENF. SERVICES 10-410-255-000-000 4,307.04 10-410-256-000-000 130,679.17 14-411-256-000-000 24,181.79 8983 FY 08/09 CONTRACT LAW ENF. SERVICES 10-410-255-000-000 4,307.04 10-410-256-000-000 130,679 17 14-411-256-000-000 24,181.79 9077 FY 08/09 CONTRACT LAW ENF. SERVICES 10-410-255-000-000 4,307.04 10-410-256-000-000 130,679 17 14-411-256-000-000 24,181.79 Total : 477,504.00 63787 6/30/2009 006506 S B. FIRE HAZARD ABATEMENT 2009-000014C Feb 08-Jan 09 Abatement Svcs 10-190-257-000-000 4,000.00 Total : 4,000.00 63788 6/30/2009 006681 SMART& FINAL 2279 PRESCHOOL SUPPLIES- 10-440-219-000-000 2050 Total : 20.50 63789 6/30/2009 006778 STAPLES CREDIT PLAN 1619406001 Ink/Toner Supplies 10-172-210-000-000 384.91 1619406011 Merchandise Return 10-172-210-000-000 -43.49 1866925001 Copy Paper supply 10-190-212-000-000 156.56 9005810001 OFFICE SUPPLIES 10-180-210-000-000 162.55 .f Page- 8 vchlist voucher List Page: 9 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account _ Amount 63789 6/30/2009 006778-- STAPLES CREDIT PLAN (Continued) 9254035001 Misc Office Supplies 10-370-210-000-000 9.55 9254035001A OFFICE SUPPLIES 10-180-210-000-000 21.73 9330157001 Record Keeping Supplies 10-185-210-000-000 130.21 9565588001 Misc Office Supplies 10-185-210-000-000 45.65 9907598001 OFFICE SUPPLIES 10-180-210-000-000 86.98 9958790001 Copy Paper SupplV 10-190-2127000-000 173.96 Total : 1,128.61 63790 6/30/2009 006898 SYSCO FOOD SERVICES OF L.A. 906171100 C. CARE FOOD &SUPPLIES 10-440-220-000-000 695.65 906241307 C. CARE FOOD &SUPPLIES 10-440-220-000-000 519.88 Total : 1,215.53 63791 6/30/2009 007102 T.Y.LIN INTERNATIONAL 0906299 CHG ORD#4 BARTON BRIDGE 47-100-250-001-000 11,660.50 Total : 11,660.50 63792 6/30/2009 011032 TANIOS, FAHIM 0359 Street Cut Deposit Refund 23-302-13-00 960.00 Total : 960.00 63793 6/30/2009 010252 TRAFFIC OPERATIONS INC. 9172 Street Stripinq-Barton/La Crosse 20-200-7.23-000-000 1,65000 Total : 1,650.00 63794 6/30/2009 007034 TRANSPORTATION ENGINEERING 941 Circulation Element Consulting 10-370-255-000-000 130.00 Total 130.00 Page:- 9 vchlist Voucher List Page: 10 07/01/2009 2:29:42PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63795 6/30/2009 011015 VASQUEZ COMPANY 06152009 GT Buck Promo Reimbursement 10-180-230-000-000 395.00 Total : 395.00 63796 6/30/2009 007797 WE TIP INC. 2314 Crime prevention signs 34-800-220-000-000 163.13 Total : 163.13 63797 6/30/2009 007920 WILLDAN 062-10247 PROFESSIONAL SERVICES 10-172-250-000-000 2,060.00 062-10247A Mt. Vernon Ave Street Improvements 44-200-623-000-000 4,380.00 Total : 6,440.00 61 Vouchers for bank code: bofa Bank total : 896,647.06 61 Vouchers in this report Total vouchers : 896,647.06 Page: 10 1 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. -7 X Z 1ze o Berni Simon, Fftrance Director vchlist Voucher List Page: 1 07/08/2009 12:31:16PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63798 6/30/2009 001206 ARROWHEAD CREDIT UNION 052709-053009 League Conference Cancellation refund 10-120-270-000-000 -450 00 MAY-JUNE 2= May-June 2009 Visa Charges 10-110-270-000-000 95.94 10-120-210-000-000 9818 10-140-219-000-000 36597 10-172-210-000-000 33.02 10-180-230-000-000 101.00 10-180-270-000-000 576.86 10-180-272-000-000 246.19 10-370-270-000-000 27552 10-380-249-000-000 119.56 10-440-223-000-000 192.26 10-440-228-000-000 30.79 10-808-248-000-000 245.85 10-805-245-000-000 707.13 23-200-14-00 30.68 Total : 2,668.95 1 Vouchers for bank code : bofa Bank total : 2,668.95 1 Vouchers in this report Total vouchers : 2,668.95 Page: 1 vchlist Voucher List Page: 1 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63803 7/14/2009 010.678 ARCHIVE MANAGEMENT SERVICE 0081326 FY 08/09 BACKUP TAPE STORAGE 10-180-250-000-000 5608 10-140-250-000-000 56.08 0082153 FY 08/09 BACKUP TAPE STORAGE 10-180-250-000-000 55.27 10-140-250-000-000 55.26 Total : 222.69 63804 7/14/2009 010280 AVID IDENTIFICATION SYSTEMS 259490 Avid Pet ID Chips 10-200-15 512.50 Total : 512.50 63805 7/14/2009 010063 BALLOON TEAM PROMOTIONS 062209 Senior Ctr Grand Opening Decor 23-200-12-00 201 00 Total : 201.00 63806 7/14/2009 001391 BERRY, STEVE 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-120-139-000-000 172.07 Total : 172.07 63807 7/14/2009 010631 BONELLO'S NEW YORK PIZZA 062509 GT Buck Promo Reimbursement 10-180-230-000-000 135.00 Total : 136.00 63808 7/14/2009 010885 BROESKE ARCHITECTS &ASSOC 09-070 Reimburseable Expenses 10-190-723-000-000 6779 Total : 67.79 63809 7/14/2009 001740 CDW GOVERNMENT INC PHN0692 Adobe Acrobat Pro 10-380-249-000-000 22.03 PJJ2874 ELECTRONICS FOR SR. CENTER 10-805-245-000-000 4,813.33 PJJ3981 COMPUTER MONITORS 10-805-245-000-000 447.43 PJP4168 ELECTRONICS FOR SR. CENTER - 10-805-245-000-000 508.00 Page: 1 vchlist Voucher List Page: 2 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63809 7/14/2009 001740 CDW GOVERNMENT INC (Continued) Total : 5,790.79 63810 7/14/2009 010132 CISNEROS, SHEILA 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 85.00 Total : 85.00 63811 7/14/2009 010972 CONSOLIDATED REPROGRAPHICS 026065 June Website Maintenance 10-175-246-000-000 9.79 Total : 9.79 63812 7/14/2009 011057 CONSTRUCTION TESTING, & ENGINEER 15846 Fire Station Inspection Services 10-172-250-000-000 1,812.00 Total : 1,812.00 63813 7/14/2009 010101 CORDERO, DINORAH 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 251 00 Total : 251.00 63814 7/14/2009 010144 CRUZ, MICHAEL 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-180-139-000-000 50000 Total : 500.00 63815 7/14/2009 001930 DAILY JOURNAL CORPORATION B1613278 FY 2008/09 LEGAL ADVERTISING — 10-125-230-000-000 145.20 Total : 145.20 63816 7/14/2009 001970 DEMETRI'S 06082009 GT Buck Promo Reimbursement 10-180-230-000-000 305.00 Total : 305.00 63817 7/14/2009 003210 DEPT 32-2500233683 104716/0014211 Misc Maintenance Supplies 32-600-320-000-000 55.97 110252/402298', MAINT SUPPLIES 10-180-245-000-000 156.20 - -- ------ -- ----- - -------------------------- 122096 Neiqhborhood Imp Grant-Tobing 32-600-305-000-000 978.46 125594/9011481 MAINT SUPPLIES 10-180-245-000-000 30.60 Page- 2 vchlist voucher List -1 Page: 3 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63817 7/14/2009 003210 DEPT 32-2500233683 - (Continued) FCH-00331206E Misc Finance Charges 10-190-251-000-000 20.00 Total : 1,241.23 63818 7/14/2009 002165 DRUG ALTERNATIVE PROGRAM 7578 June Weeding at Parks/Pkways 10-450-245-000-000 500.00 Total : 500.00 63819 7/14/2009 002673 FLANN, ALISA 2ND QTR 2009 2nd Qtr 09,Medical Reimbursement 10-172-139-000-000 37434 Total : 374.34 63820 7/14/2009 002740 FRUIT GROWERS SUPPLY 90345508 Soil for Park Grounds 10-450-245-000-000 6.53 Total : 6.53 63821 7/14/2009 010425 GOLDEN TIGER MARTIAL ARTS 060309-02 June Martial Arts fees 10-430-27 105.00 Total : 105.00 63822 7/14/2009 010181 GOPHER PATROL 182318 GOPHER CONTROL SERVICES 10-450-245-000-000 525.00 Total : 525.00 63823 7/14/2009 010039 GREER OWENS, BARRIE 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-180-139-000-000 91547 Total : 915.47 63824 7/14/2009 003216 HOUSTON & HARRIS PCS, INC 09-15439 SEWER MAINT& HYDROWASHING 21-573-602-000-000 723.15 09-15439A June Hydrowash Services 21-573-602-000-000 .891.45 Total : 1,614.60 63825 7/14/2009 011058 HOUSTON, LARVIN 06-2009 Water Share Purch-Mt V/Van Buren 32-600-320-000-000 1,000.00 Page: 3 vchlist Voucher List Page: 4 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63825 7/14/2009 011058 HOUSTON, LARVIN (Continued) Total : 1,000.00 63826 7/14/2009 003224 HYDRO-SCAPE PRODUCTS INC. 05974571-00 Misc Landscape Maint. Supplies 32-600-320-000-000 54.90 Total : 54.90 63827 7/14/2009 010773 KELLAR SWEEPING INC 4626 FY 08/09 STREET SWEEPING- 16-900-254-000-000 4,200.00 Total : 4,200.00 63828 7/14/2009 004320 LAWNMOWER CENTER 5308 Lawnmower maint/repair 10-450-246-000-000 6411 5310 Lawnmower Maintenance/Repair 10-450-246-000-000 240.17 5340 Lawnmower maintenance/repair 10-450-246-000-000 13.95 Total : 318.23 63829 7/14/2009 010013 MAURICIO, VERA 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 42300 Total : 423.00 63830 7/14/2009 006780 MESA, BRENDA 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-125-139-000-000 380.00 Total : 380.00 63831 7/14/2009 004670 MIRACLE MILE CAR WASH 412306 VEHICLE MAINT 10-180-272-000-000 900 10-440-272-000-000 120.55 Total : 129.55 63832 7/14/2009 010863 MOLINA, SANDRA 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-370-139-000-000 578.32 Total_ 57.8.32 63833 7/14/2009 010670 MORENO, PETE 1660 Doq Alteration Charqe Refund 10-200-15 25.00 Page: 4 I vchlist Voucher List Page: 5 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63833 -7/14/2009 010670 MORENO, PETE (Continued) Total : 25.00 63834 7/14/2009 010848 MOTA RAMIREZ, MAGALI 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 500.00 Total : 500.00 63835 7/14/2009 010097 NEXTEL COMMUNICATIONS 410575025-081 April/May Nextel Charges 10-180-240-000-000 658.21 10-440-244-000-000 53.20 Total : 711.41 63836 7/14/2009 005435 ORIENTAL TRADING COMPANY 63212994 Movie/Park Decor 23-200-12-00 286.96 632448133-01 Movie/Park Decorations 23-200-12-00 38.97 Total : 325.93 63837 7/14/2009 010851 PARADIGM PRESSURE WASHING JUNE FY 08/09 GRAFFITI CLEAN UP 10-180-255-000-000 500.00 Total : 500.00 63838 7/14/2009, 005586 PETTY CASH 06302009 Petty Cash Replenishment 10-440-221-000-000 30.06 10-440-228-000-000 153.69 Total : 183.75 63839 7/14/2009 010400 POSITIVE PROMOTIONS 034771115 #WB-207 28OZ WATER BOTTLE 23-200-14-00 91.40 Total : 91.40 63840 7/14/2009 010757 QUIROZ, JULIE 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 30356 Total : 303.56 63841 7/14/2009 011033 RED BARON PIZZA 06252009 GT Buck Promo Reimbursement 10-180-230-000-000 5.00 Total : 5.00 Page: 5 vchlist Voucher List Page: 6 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63842 7/14/2009 006451 S B. COUNTY ASSESSOR 103334 Map revision subscription svcs 10-370-220-000-000 4700 Total : 47.00 63843 7/14/2009 010040 SCOTT, MARY J. 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 143.57 Total : 143.57 63844 7/14/2009 010604 SHIELDS, RICHARD 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-172-139-000-000 289.39 Total : 289.39 63845 7/14/2009 011006 SIMON, BERNIE 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-140-139-000-000 50000 Total : 500.00 63846 7/14/2009 007005 SO CAL LOCKSMITH 8596 Maint Vehicle key services 10-180-272-000-000 5.98 8647 Maint/CitV Clerk Lock/keV Svc 10-180-245-000-000 91.22 10-125-219-000-000 34.26 8694 Misc Locksmith Services 10-180-245-000-000 489 Total : 136.35 63847 7/14/2009 006720 SO CA.EDISON COMPANY 06302009 June Utility Charges 34-400-238-000-000 106.41 10-175-238-000-000 38.69 10-172-238-000-000 48.37 15-500-601-000-000 31 03 10-440-238-000-000 1,575.82 16-510-238-000-000 479.73 10-450-238-000-000 831.21 ---- -- ----------- --- - -- `I OA 90=238=000=000 - - - - - — - 4,248.56- - - Total : 7,359.82 63848 7/14/2009 006730 SO CA.GAS COMPANY 176-998-6082-5 June CNG fuel charges Page: 6 vchlist Voucher List - Page: 7 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63848 7/14/2009 006730 SO.CA.GAS COMPANY (Continued) 10-180-272-000-000 11.89 10-440-272-000-000 3.96 34-800-272-000-000 3.96 Total : 19.81 63849 7/14/2009 010870 SWANK MOTION PICTURES, INC. RG1329713 MADAGASCAR 2 ESCAPE 2 AFRICA 6/26/09- 23-200-12-00 321.00 Total : 321.00 63850 7/14/2009 010712 TASO TECH, INC. 310 Eden Support Services 10-140-246-000-000 682.50 342 Eden Support Services 10-140-246-000-000 105.00 449 Eden Support Services 10-140-246-000-000 1,575.00 455 HDL Network Support Svcs 10-172-701-000-000 '210.00 457 Eden Support Services 10-140-246-000-000 735.00 458 ACM Mobile Device Support 10-180-701-000-000 157.50 Total : 3,465.00 63851 7/14/2009 011047 THAI KITCHEN 06222009 GT Buck Promo Reimbursement 10-180-230-000-000 95.00 Total : 95.00 63852 7/14/2009 007220 UNDERGROUND SERVICE ALERT 620090283 DIG ALERT MONTHLY SERVICES 16-900-220-000-000 36.00 Total : 36.00 63853 7/14/2009 007579 VARELA, CATALINA 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 5742 Total : 57.42 63854 7/14/2009 010038 VERHELLE, JO A. 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement Page: 7 vchlist Voucher List Page: 8 07/08/2009 12:32:28PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63854 7/14/2009 010038 VERHELLE, JO A. (Continued) 10-120-139-000-000 466.67 Total : 466.67 63855 7/14/2009 001038 VERIZON WIRELESS-LA 0774094620 June Wireless Svcs 34-400-235-000-000 152.29 Total : 152.29 63856 7/14/2009 007795 WAXIE 71357680 Misc Janitorial Supplies 10-180-245-000-000 3496 Total : 34.96 63857 7/14/2009 010864 WIRZ, MATT 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-180-139-000-000 49868 Total : 498.68 63858 7/14/2009 010819 ZUNIGA, ANNA 2ND QTR 2009 2nd Qtr 09 Medical Reimbursement 10-440-139-000-000 206.82 Total : 206.82 56 Vouchers for bank code: bofa Bank total : 39,051.83 56 Vouchers in this report Total vouchers : 39,051.83 Page: 8 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. r ` '7 Bernie Simon, Finance Director vchlist Voucher List Page: 1 07/08/2009 4:22:45PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63799 7/6/2009 001685 CALIFORNIA JOINT POWERS PRIM00576 FY 09-10 Liability/Work Comp. Ins. 10-190-260-000-000 112,781 00 10-016-81-00 29,702.00 Total : 142,483.00 63800 7/6/2009 004350 LEAGUE OF CALIFORNIA CITIES, INLANC 07092009 IE Division Dinner-W Stanckiewitz 10-110-270-000-000 45.00 Total : 45.00 63801 7/6/2009 011056 RANCO READY MIX PRODUCTS SIGDESTAD/AC Supplies-Neiqhborhood Imprvmnt Grant 32-600-305-000-000 432.28 Total : 432.28 63859 7/14/2009 001072 ADT SECURITY SERVICES 94848565 1st Qtr Alarm Maintenance Svcs 10-440-247-000-000 37500 Total : 375.00 63860 7/14/2009 010998 AETNA AARP PLANS 4710330907 July Medical Benefit- B Cortes 10-110-142-000-000 364.49 10-110-120-000-000 83.51 Total : 448.00 63861 7/14/2009 001860 COLTON JOINT UNIFIED SCHOOL FY 09-10 FY 09-10 Lease pmt-Comm Ctr. 10-190-242-000-000 101.00 Total : 101.00 63862 7/14/2009 010711 DANKA FINANCIAL SERVICES 69701953 August Pmt-Toshiba E-studio copier 10-172-246-000-000 63.83 10-175-246-000-000 31.91 34-400-246-000-000 63.83 Total : 159.57 63863____7L1_4/20.0.9-00.1.93.7 DANKA_OFEICE_IMAGING COMPANY _ _ _706589889 _FY 09/10 Base Chgs_ 10-172-246-000-000 3000 10-175-246-000-000 15.00 34-400-246-000-000 30.00 Page: 1 vchlist voucher List Page: 2 07/08/2009 4:22:45PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63863 7/14/2009 001937 DANKA OFFICE IMAGING COMPANY (Continued) Total : 75.00 63864 7/14/2009 003210 DEPT 32-2500233683 101000/312289E Neighborhood Imp Grant-Thompson 32-600-305-000-000 999.32 1 01 1 90/31 2289: Neighborhood Imp. Grant-Ramirez 32-600-305-000-000 98761 101568/3122891 Neighborhood Imp. Grant-Davis 32-600-305-000-000 998.33 101683/312289E Neighborhood Imp. Grant-Hubbard 32-600-305-000-000 996.41 101912/3122891 Neighborhood Imp. Grant-Rizk 32=600-305-000-000 99768 Total : 4,979.35 63865 7/14/2009 010258 GMAC PAYMENT PROCESSING CENTER 024-9103-15936 July Tahoe Lease Payment 10-120-273-000-000 559.21 Total : 559.21 63866 7/14/2009 010632 HIGH TECH SECURITY SYSTEMS 87391 July Security Camera Maint Fees 10-180-246-000-000 20.00 10-450-246-000-000 60.00 87591 August Security Camera Fees 10-450-246-000-000 63.75 10-180-246-000-000 21.25 Total : 165.00 63867 7/14/2009 003213 HONEYWELL ACS SERVICE 3441796 1st Qtr Mechanical Maint fees 10-180-257-000-000 5,735.25 Total : 5,735.25 63868 7/14/2009 010619 INTERNATIONAL CODE COUNCIL FY 09-10 RENE' 09/10 Member Renewal- R. Shields 10-172-265-000-000 50.00 Total : 50.00 63869 7/14/2009 010290 KAISER PERMANENTE 00-0005559630 July Healthcare-L. Garcia 10-110-120-000-000 242.00 10-110-142-000-000 363.00 Page: 2 vchlist Voucher List Page: 3 07/08/2009 4:22:45PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63869 7/14/2009 010290 KAISER PERMANENTE (Continued) Total : 605.00 63870 7/14/2009 004320 LAWNMOWER CENTER 2451 Lawnmower/Trimmer Maint/Repair 10-450-246-000-000 6838 2565 Lawnmower Maint/Repair 10-450-246-000-000 229.93 Total : 298.31 63871 7/14/2009 004740 MMASC MMASC 09/10 Membership Renewal-S. Berry 10-180-265-000-000 65.00 Total : 65.00 63872 7/14/2009 010546 MPOWER COMMUNICATIONS 387767-JULY July Phone Line Maint Fees 10-440-235-000-000 27997 10-805-235-000-000 32.22 10-450-235-000-000 62.75 387798-JULY July Phone Line Fees 10-190-235-000-000 1,000.39 10-380-235-000-000 200.00 10-808-235-000-000 5943 Total : 1,634.76 63873 7/14/2009 005450 OTIS ELEVATOR COMPANY SAU06425V709 FY 09-10 Elevator Maint. Svcs. 10-180-246-000-000 4,371.26 Total : 4,371.26 63874 7/14/2009 011059 PRIORITY MAILING SYSTEMS LLC INV69878 FY 09-10 Postage Machine Lease pmt 10-190-246-000-000 27500 Total : 275.00 63875 7/14/2009 010657 PROGRESSIVE SOLUTIONS 35960 FY 09-10 Software Lic Maint 10-140-246-000-000 4,328.84 10-185-246-000-000 3,547.32 1.0-180-7.01-0-0.0-0.00 _ _ ____2,217.08 Total : 10,093.24 63876 7/14/2009 005688 PROTECTION ONE 2588440 1st Qtr Alarm Service Page: 3 l vchlist Voucher List Page: 4 07/08/2009 4:22:45PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63876 7/14/2009 005688 PROTECTION ONE (Continued) 10-172-246-000-000 30.45 10-175-246-000-000 3045 34-400-246-000-000 30.45 3020955 1 st Qtr Alarm Services 10-180-247-000-000 93.00 31891344 1 sr Qtr Alarm Service 10-172-246-000-000 117.74 Total : 302.09 63877 7/14/2009 006310 ROADRUNNER STORAGE 9804 JuIV storage unit charges 10-140-241-000-000 11900 34-500-726-000-000 13900 Total : 258.00 63878 7/14/2009 006695 SO.CA.ASS'N OF GOVERNMENT 0900-155 FY 09/10 Member Renwal-S. Berry 10-190-265-000-000 1,21900 Total : 1,219.00 63879 7/14/2009 010974 STANCKIEWITZ, WALT 00-0010161758 JuIV Medical Benefit Reimb. 10-120-110-000-000 58400 Total : 584.00 24 Vouchers for bank code : bofa Bank total : 175,313.32 24 Vouchers in this report Total vouchers : 175,313.32 Page. 4 vchlist Voucher List Page: 1 07/08/2009 4:23:21 PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63802 7/7/2009 010996 CA PUB EMPLOYEES' RET SYSTEM H20090714930C JULY HEALTH INSURANCE 10-120-142-000-000 1,093.47 10-125-142-000-000 728.98 10-140-142-000-000 1,093.47 10-172-142-000-000 164.02 10-175-142-000-000 109.35 10-180-142-000-000 1,278.73 10-190-265-000-000 88.27 10-370-142-000-000 728.97 10-380-142-000-000 364.49 10-440-142-000-000 1,923.45 10-450-142-000-000 546.73 21-572-142-000-000 185.24 32-370-142-000-000 255.15 34-400-142-000-000 564.96 34-800-142-000-000 364.49 10-022-61-00 8,397.87 July PERS CREDIT-MULLINS FEB INS 10-180-142-000-000 -182.25 21-572-142-000-000 -182.24 Total : 17,523.15 1 Vouchers for bank code: bofa Bank total : 17,523.15 1 Vouchers in this report Total vouchers : 17,523.15 Page: 1 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director CITY OF GRAND TERRACE PENDING CITY COUNCILAPPROVAL CITY COUNCIL MINUTES REGULAR MEETING -JUNE 23, 2009 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 June 23, 2009 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Jim Miller, Councilmember Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, San Bernardino County Sheriffs Department ABSENT: Lee Ann Garcia, Mayor Pro Tern John Salvate, San Bernardino County Fire Department The City Council meeting was opened with Invocation by Pastor Salim Elias,Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Councilman Jim Miller. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2A. Highgrove Metrolink Station Update R.A. Barnett, gave a general overview on what is going on with the Highgrove Metrolink Station. He encouraged everyone to get involved and voice their opinion. 2B. Harmony in the Garden Workshop Update Acting City Manager Steve Berry,reported that Debbie Fegonie invited many Grand Terrace residents to a drought tolerant landscape workshop that was held in Loma Linda as a cooperative with the University of California Extension San Bernardino County Master Garden Program. Grand Terrace residents did attend the workshop. Debbie is looking forward to working with the City of Grand Terrace on the Community Garden which is COUNCIL AGENDA ITEM NO. 3 c' 1 I f Council Minutes 06/23/2009 ! Page 2 taking shape at the new Grand Terrace Senior Center. 2C. 2010 Census Partner Proclamation Mayor Ferr6, read a Proclamation proclaiming Grand Terrace's commitment to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010. j i Acting City Manager Steve Berry, stated that this is something that is very critical for the City of Grand Terrace. For every resident that is not counted the census states that it is about $1,000.00 per year that we lose. It is critical that everyone is counted. The City is going to start working with organizations to encourage participation in the census. 2D. Commendation-Brian Phelps i i Mayor Ferr6, announced that they will be honoring Planning Commissioner Brian Phelp's who is moving out of Grand Terrace and will no longer be able to serve on the Commission. Councilmember Bea Cortes, read a commendation commending him on the outstanding community service that he has provided to the City of Grand Terrace. Matthew Addington, Vice-Chairman Planning Commission, on behalf of the Planning Commission he recognized the contributions of Brian Phelps as a Planning Commissioner. Brian Phelps,told the story of how he got involved in Grand Terrace and how he dame to be on the Planning Commission. He stated that this is not the end of his journey only the beginning. He stated that he has learned a tremendous amount while serving Grand Terrace and would like to thank the Council and Staff for all of their support and for believing in him along the way. CONSENT CALENDAR CC-2009-71 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-1-0 (MAYOR PRO TEM GARCIA WAS AiENT), to approve the following Consent Calendar Items: 3A. Approve Check Register Dated June 23, 2009 { 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 06-09-2009 Minutes 3E. Resolution Authorizing the City Attorney to Cooperate with the League of California Cities and Counties in Litigation Challenging the Constitutionality of any Seizure by State Government of the City's Street Maintenance Funds 3H. Approve 2009 Water Share Purchase for 4 Locations within the City i I i i Council Minutes 06/23/2009 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR 3D. Resolution Adopting FY 2009-2010 City Budget CC-2009-72 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT), to approve a Resolution Adopting FY 2009-2010 City Budget. 3F. Amendment of Personnel Rules and Regulations and Employees Benefits CC-2009-73 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER CORTES,CARRIED 3-1-1-0(COUNCILMEMBER STANCKIEWITZ VOTED NO AND MAYOR PRO TEM GARCIA WAS ABSENT), to adopt a Resolution Amending Resolution No. 2000-24 and Adopting Rules and Regulations for the Administration of Personnel Matters. 3G. Wage and Salary Resolution,Reclassifications,and Job Descriptions for the City of Grand Terrace CC-2009-74 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(MAYOR PRO TEM GARCIA WAS ABSENT), to adopt a Resolution Rescinding Resolution 2007-21 and Adjusting the Salary Ranges for the Employees of the City of Grand Terrace and approve the Reclassification and Job Descriptions for the Employees of the City of Grand Terrace to be effective July 1, 2009. PUBLIC COMMENT Charles Hornsby,22656 Brentwood,feels that a lot of people around town share his concern with the apparent stand still of the Fresh&Easy and Walgreen's development. Not so much the standstill because everything takes time and people get use to things taking longer than you expect. It seems like it has been three months since the buildings were knocked down and as a result there is a big pile of trash in the middle of our town and it looks horrible. He questioned how long this property is going to look this way. He feels that it should be made presentable until the building process begins,whoever is responsible. He also stated that he feels that a year is a long time for an employee to wait for a raise and you might lose good employees or lose production from them. JoAnn Johnson, 12723 Mt.Vernon Avenue,echoed Mr.Hornsby's comments regarding the vacant property on Mt. Vernon. She stated that the support of the people of Grand Terrace is needed for the Metrolink Station. She feels that one is needed close by and she can't think of a more desirable location for attracting riders from both Riverside and San Bernardino. i Council Minutes 06/23/2009 Page 4 I I She urged everyone to go on-line and check out their website and sign their petition. Virginia Harford, 11825 Arliss Way,several ears ago she criticized the three women on the � Y Y g Council for the decision that they made. She made her statement public. She made the statement public that they had acted like women instead of Council persons of longs standing. She said that since there were three of them it constituted a majority and that they could have made the Blue Mountain Villas and the Grand Terrace Senior Center a mini senior world. She stated that the new Senior Center and Blue Mountain Villas are beautiful, elegant and classy and feels that those who protested the building of the senior complex will see it as a wonderful addition to Grand Terrace. She thanked JoAnn Johnson for helping make the project a reality. Acting City Manager Steve BgM,in response to the comments made by Mr.Hornsby stated that there is a law suit against TESCO on their new distribution center. It was two years in the making and the law suit was just settled in favor of TESCO and that could be a reason for the delay. Staff is working with them on the project and progress is being made. i REPORTS 5A. Committee Reports -None 1 5B. Council Reports Councilmember Miller,reported that the Grand Terrace Lion's had their changing of officers for the up coming year. Last year they won the District of the Year. Frank Tetley is the new President for the upcoming year. Councilmember Cortes, reported that at the end of April, Community and Economic Development Director Joyce Powers asked her if she could help her get a grant for the City. She made an appointment and met with Supervisor Gary Ovitt, who is the President of SANBAG and also a former President of SLAG. She met with Supervisor Ovitt,the Mayor of Colton,the Mayor of Highland,the Mayor of Redlands and the Mayor of Big Bear and is happy to report that Grand Terrace made the list even though we are at the bottom. She stated that she appreciate Mr. Barnett's drive for the Metrolink, however, because she sits on SANBAG she received some information regarding Metrolink and anyone who would like to review can get it from City Clerk Brenda Mesa. She read the following paragraph that came from RCTC: Based on exhausted studies of a potential Highgrove Station between 1993 and the present, from an engineering, ridership, and costibenefit perspective, the Commission, RCTC, has determined that a proposed Highgrove Station presented by members of the public is not feasible, nor is it in the best interest of the Metrolink system. I i i Council Minutes 06/23/2009 Page 5 Councilmember Stanckiewitz, reported that the Movie in the park event will be held on Friday at Richard Rollins Park. He congratulated Thelma Winkler Beach on her shop Grand Terrace signs and the nice article that came out in the paper. He referred to an item on the Colton Joint Unified School District Agenda pertaining to changing their election date for Board Members. He asked that everyone take a moment on July 4' to think about what Independence Day means to this Country and the importance of it. PUBLIC HEARINGS -None UNFINISHED BUSINESS 7A. Property Lease Agreement American Promotional Events, Inc. Dba Freedom Fireworks/Red Devil Fireworks/TNT Fireworks CC-2009-75 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT),to approve the following staff recommendations: Allow the Grand Terrace Little League to sell fireworks this year on the City owned property. - Execute the Property Lease Agreement for the 2009 Fireworks season. Give both the Grand Terrace Little League and the Grand Terrace Community Soccer Club a deadline of October 1, 2009 to provide the City in writing their position on selling fireworks for 2010 and beyond in lieu of the City eliminating field use fees and lighting fees(average of the past three years) Schedule an agenda item at the October 13,2009 Council Meeting to discuss the banning of fireworks in the City of Grand Terrace. 7B. Review Parking Permit Options on DeBerry Street CC-2009-76 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER MILLER,CARRIED 4-0-1-0(MAYOR PRO TEM GARCIA WAS ABSENT), to approve the implementation of a Parking Permit Program for residents located at 22380, 22388, 22396, 22404, 22412, 22420, 22428, 22436, 22444,22452,22460,22468,22476 DeBerry Street and 12294 Mirado Avenue and the following program regulations: Maximum 2 permits per household (the permit can be used for any car and are not vehicle specific) I I I Council Minutes 06/23/2009 Page 6 Permits are valid for use within 100 ft, of the permit residence. Permit fee of$25 per year per vehicle plus the cost of the placard($7.50) Permits will be valid for two years, proration's apply Permit placard replacement fee is $15 NEW BUSINESS 8A. Resolution Authorizing Proceedings to Refund Outstanding 1997 Certificates of Participation and Approving Related Documents CC-2009-77 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (MAYOR PRO TEM GARCIA WAS ABSENT), to adopt a Resolution Authorizing Proceedings to Refund Outstanding 1997 Certificates of Participation and Approving Related Documents. 8B. Temporary Fields for Grand Terrace Little League Use CC-2009-78 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0-1-0(MAYOR PRO TEM GARCIA WAS ABSENT),to approve in concept the use of City owned land(approximately 5 acres) to be used for two temporary play fields for Grand Terrace Little League starting in the 2010 season and to direct staff to work with Grand Terrace Little League and identify the in-kind services and field equipment that can be donated toward the play fields development and have staff return to Council with a formal plan, time line, and cost to build the two temporary fields. CLOSED SESSION -None Mayor Ferrd adjourned the meeting at 7:55 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, July 14, 2009 at 6:00 p.m. CITY CLERK of the City of Grand Terrace i I MAYOR of the City of Grand Terrace I i I i n• CALIFORNIA Staff Report Finance Department i' CRA ITEM O COUNCIL ITEM(X) MEETING DATE: July 14,2009 AGENDA ITEM To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Resolution to Change Authorized Signers with California Asset Management Program—(CAMP) FUNDING REQUIRED NO FUNDING REQUIRED XXX BACKGROUND: CAMP was established in 1989 as a Joint Powers Authority to provide local California governments with investment management services for the proceeds of debt issues and related administrative services to ensure compliance with all arbitrage rebate regulations of the Treasury Department. In 1997, at the request of participants, CAMP began managing general funds for California public entities as well. CAMP currently has over $2 billion in public agency assets under management. CAMP investment program consists of an investment pool account and an individual investment account. The City is utilizing only the investment pool at this time. CAMP investments are limited to those allowed under government code 53600. The City has invested in the California Asset Management Program (CAMP) since 1997. CAMP is very similar to the State Treasurer's Local Agency Investment Fund(LAIF) in terms of liquidity and yield. The difference is that the average maturity date of the CAMP portfolio is much shorter and that the CAMP portfolio is rated. CAMP also provides the diversity directed by the City's Investment Policy. The City currently has $ 3.8 million invested with the pool. As of July 3, 2009, the pool is yielding a return of 0.51%. l COUNCIL AGENDA ITEM NO. �J 1 i i DISCUSSION: i Periodically the authorized list of signers needs to be updated due to personnel and/or position title changes. A resolution to change authorized signers is being presented i'to remove former City Manager Thomas Schwab and to add Acting City Manager Steve Berry. i FISCAL IMPACT: None by this action. RECOMMENDATION: I Adopt a resolution to change authorized signers with California Asset Management, Program (CAMP). i i I i Attachments: 1) Resolution to Change California Asset Management Program Authorized Signatures i AGENDA ITEM 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,AUTHORIZING SIGNERS FOR CALIFORNIA ASSET MANAGEMENT PROGRAM ' WHEREAS, the City of Grand Terrace is a municipal corporation established under the ' laws of the State of California; and WHEREAS, the California Asset Management Trust was established pursuant to and in accordance with Joint Powers Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989 and as subsequently amended, as a vehicle for public agencies to jointly exercise their common power to invest bond proceeds and other funds; and WHEREAS, the California Asset Management Program is an authorized investment under the investment policy of the city and under government code section 53600; and WHEREAS, the City of Grand Terrace periodically needs to update its authorized signers with the California Asset Management Program; and r } WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the California Asset Management Program on behalf of the City; and WHEREAS, deposits and withdrawals may only come from designated, authorized City operating and City investment accounts; and WHEREAS, California Asset Management Program requires the City to adopt a resolution to change authorized signers on the account; and THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY RESOLVES THE FOLLOWING: 1) All previous resolutions of designated authorized signers with the California Asset Management Program are hereby revoked. 2) Authorized signers on the California Asset Management Program account are: Position Individual Name City Manager (Vacant) Acting City Manager Steve Berry City Clerk Brenda Mesa Finance Director Bernard Simon 3 3) Any one of the named individuals is authorized to sign on behalf of the City of Grand Terrace and is authorized to execute documents on behalf of the City. APPROVED AND ADOPTED this 14th day of July, 2009 Ayes: Noes: Abstain: Absent: Mayor ATTEST: City Clerk 1 CALIFORNIA Staff Report Finance Department CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE: July 14, 2009 To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: RESOLUTION TO CHANGE AUTHORIZED SIGNATURES LOCAL AGENCY INVESTMENT FUND FUNDING REQUIRED NO FUNDING REQUIRED XX 1 1 � BACKGROUND: The Local Agency Investment Fund (LAIF) was created under government code 16429 as an alternative investment for California local government and special districts in 1977. LAIF is part of the Pooled Money Investment Account(PMIA) directed by the State Treasurer's Department. LAIF money is separate and distinct from all other state funds and is not at risk due to budgetary problems of the state. DISCUSSION: The City of Grand Terrace invests a majority of surplus cash funds with the State Local Agency Investment Fund(LAIF). Periodically the authorized list of signers needs to be updated due to personnel and/or position title changes. A resolution to change authorized signers is being presented to remove former City Manager Thomas Schwab and to add Acting City Manager Steve Berry. The City currently has approximately $53,000 invested with LAIF. It is currently yielding 1.53%. FISCAL IMPACT:, None by this action. COUNCIL AGENDA ITEM NO.,�E 1 I i I 2 I RECOMMENDATION: Staff recommends that the City Council adopt a resolution to change authorized signatures with the Local Agency Investment Fund. I I i Attachments: { 1) Resolution to Change LAIF Authorized Signatures i i i i i AGENDA ITEM 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,AUTHORIZING SIGNERS FOR LOCAL AGENCY.INVESTMENT FUND WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS,the Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the agency. The State Treasurer will invest such funds as part of a pooled money investment account in order to derive the maximum rate of return possible; and WHEREAS, the Local Agency Investment Fund is an authorized investment under the investment policy of the city and under government code section 53600; and WHEREAS, the City of Grand Terrace periodically needs to update its authorized signers with the Local Agency Investment Fund; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Local Agency Investment Fund on behalf of the City; and WHEREAS, deposits may only come from and withdrawals may only be made to designated, authorized City operating and City investment accounts; and WHEREAS, Local Agency Investment Fund requires the City to adopt a resolution to change authorized signers on the account; and THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY RESOLVES THE FOLLOWING: 1) All previous resolutions of designated authorized signers with the Local Agency Investment Fund are hereby revoked. 2) Authorized signers on the Local Agency Investment Fund account are: Position Individual Name City Manager (Vacant) Acting City Manager Steve Berry Finance Director Bernard Simon Sr.Account Technician Patricia Lundsford Account Technician Michelle Boustedt 3 i 2 1 3) One of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. 4) One of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to initiate transactions on behalf of the City. I i 5) Interest payments, withdrawals and matured investments may only be transferred to an account of the City of Grand Terrace or paid by a written demand payable to the City of Grand Terrace. APPROVED AND ADOPTED this 14th day of July, 2009 I i Ayes: Noes: Abstain: Absent: i i Mayor i ATTEST: City Clerk i L . c 1 f rum CALIFORNIA Staff Report Finance Department CRA ITEM( ) COUNCIL ITEM(X-) MEETING DATE: July 14,2009 To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Resolution to Authorize Bank Account Signers with Citibank,NA FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: r The City has had a$100,000 certificate of deposit with Citibank N.A. for some time now. This was originally obtained through another institution that was acquired by Citibank. The current principal balance is$101,949.20.The CD is earning 2.75%as of May 31,2009. DISCUSSION: Periodically, staff needs to update the authorized signers on bank accounts in which City and CRA conduct financial business. Authorized signers are generally the City Manager, Finance Director and City Clerk. The general deposit resolution needs to be updated to remove the former City Manager Tom Schwab, and former Finance Director Larry Ronnow and add Acting City Manager Steve Berry, current Finance Director Bernie Simon and City Clerk Brenda Mesa to the list of authorized signers. FDIC depositor insurance increased from $100,000 to$250,000 until 2014 in October 2008. Staff will be looking to increase deposit to $250,000, depending on the rates available. FISCAL IMPACT: None by this action. 1 COUNCIL AGENDA ITEM NO. '� 1 i 1 i RECOMMENDATION: �I Staff Recommends that the City Council: j Adopt a resolution to amend authorized signers with Citibank N.A. i I i I I ATTACHMENTS: I 1. Resolution No. j I I I I I i I I 2 AGENDA ITEM 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,AUTHORIZING SIGNERS FOR CITIBANK,N.A. BANK ACCOUNT WHEREAS,the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS, Citibank is a federally chartered bank under the laws of the United States; and WHEREAS,the City of Grand Terrace wishes to update its deposit agreement and signature card with Citibank; and WHEREAS,the City designates the City Manager, Acting City Manager, if so designated, City Clerk and Finance Director as authorized signers on the Citibank bank accounts; and WHEREAS, the adoption of this resolution is intended to provide authorization to designate authorized signers on bank accounts and authorize staff to execute any all 1 documents as is necessary to open an account with Citibank,N.A; THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY RESOLVES THE FOLLOWING: 1) All previous resolutions of designated authorized signers with Citibank are hereby revoked. 2) Authorized signers on Citibank accounts are: Position Individual Name City Manager (Vacant) Acting City Manager Steve Berry City Clerk Brenda Mesa Finance Director Bernard Simon 3) Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. 4) Authorized amount of investment is the Federally Insured amount. 5) Interest payments, withdrawals and matured investments may only be transferred to an,account of the City of Grand Terrace or paid by a written demand payable to the City of Grand Terrace. 3 i i I APPROVED AND ADOPTED this 14th day of July, 2009 i i Ayes: Noes: Abstain: Absent: i I I Mayor i ATTEST: I City Clerk i i i I i ; I d yy r l`V CALIFORNIA Staff Report Finance Department CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE: July 14,2009 To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Resolution to Authorize Designated Bank Account Signers with Bank of America FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: The city currently has the following bank accounts with Bank of America: 1) General Operating Account 2) Payroll Account 3) Savings Maximizer Account(for temporary holding) Currently, two signatures are required for the Bank of America general and payroll accounts require two authorized signatures unless the signature stamp of the City Manager is used. DISCUSSION: Periodically, staff needs to update the authorized signers on bank accounts in which City and CRA conduct financial business. The signature card and authorizing resolution needs to be amended to remove former 1 COUNCIL AGENDA ITEM NO. 3 1 The signature card and authorizing resolution needs to be amended to remove former City Manager Thomas Schwab. Staff has already added Acting City Manager Berry to the signature card. FISCAL IMPACT: None by this action. RECOMMENDATION: Adopt a resolution to amend authorized signers with Bank of America. TTACHMENTS: 1. Resolution No. 2 AGENDA ITEM 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,AUTHORIZING SIGNERS FOR BANK OF AMERICA BANK ACCOUNTS l _1 WHEREAS,the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS,Bank of America is a federally chartered bank under the laws of the United States; and WHEREAS,the City of Grand Terrace needs to update its signature card(s)periodically with Bank of America due to changes in city staff or changes in staff duties; and WHEREAS,the City Council designates the City Manager,Acting City Manager, if so designated, City Clerk and Finance Director as authorized signers on the Bank of America bank accounts; and WHEREAS, Bank of America requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY RESOLVES THE FOLLOWING: 1) All previous resolutions of designated authorized signers for the City of Grand Terrace with Bank of America are hereby revoked. 2) Remove Thomas Schwab as an authorized signer and authorize signers on Bank of America accounts as: Position Individual Name City Manager (Vacant) Acting City Manager Steve Berry City Clerk Brenda Mesa Finance Director Bernard Simon 3) Any One of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the.City. 4)Any Two of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to checks on behalf of the City. 3 5) Authorize the procurement and use of a signature stamp. All checks will require two signatures, except in the case of emergencies, when the signature stamp of the Acting City Manager may be used. APPROVED AND ADOPTED this 14th day of July 2009. Ayes: Noes: Abstain: Absent: r Mayor ATTEST: City Clerk � a 1 CALIFORNIA Staff Report Finance Department CRA ITEM O COUNCIL ITEM(X) MEETING DATE: July 14, 2009 To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: Resolution to Authorize Bank Account Signers with BBVA Bancomer FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: �1 The City has a$94. 000 certificate of deposit with BBVA Bancomer. for some time. This was originally opened through another institution that was acquired by Bancomer. The current principal balance is $94,000. The CD is earning 3.20% as of June 18, 2009. DISCUSSION: Periodically, staff needs to update the authorized signers on bank accounts in which City and CRA conduct financial business. Authorized signers are generally the City Manager, Finance Director and City Clerk. The general deposit resolution needs to be updated to remove former City Manager Thomas Schwab, and former Finance Director Larry Ronnow and add Acting City Manager Steve Berry, current Finance Director Bernie Simon and City Clerk Brenda Mesa to the list of authorized signers. FDIC depositor insurance increased from$100,000 to$250,000 until 2014 at maturity next year. Staff will be looking to increase deposit to$250,000, depending on the rates available. 1 COUNCIL AGENDA ITEM NO.3 1 i 2 i FISCAL EWACT: I None by this action. I Recommendation Staff Recommends that the City Council: Adopt a resolution to Change authorized signers with BBVA Bancomier USA. i i i i i ATTACHMENTS: 1. Resolution No. i I 2 2 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,AUTHORIZING SIGNER FOR BBVA BANCOMER, USA BANK ACCOUNT WHEREAS,the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS,the BBVA Bancomer USA is a federally chartered bank under the laws of the United States; and WHEREAS,the City of Grand Terrace needs to update its deposit agreement and signature card with BBVA Bancomer USA; and WHEREAS,the City designates the City Manager,Acting City Manager, if so designated, City Clerk and Finance Director as authorized signers on the BBVA Bancomer USA bank accounts; and . WHEREAS BBVA Bancomer USA requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY RESOLVES THE FOLLOWING: 1) All previous resolutions of designated authorized signers with BBVA Bancomer USA are hereby revoked. 2) Authorized signers on BBVA Bancomer USA accounts are: Position Individual Name City Manager (Vacant) Acting City Manager Steve Berry City Clerk Brenda Mesa Finance Director Bernard Simon 3) Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. 4) Authorized amount of investment is $250,000 or the federally insured limit which ever is less. 5) Interest payments, withdrawals and matured investments may only to transferred or paid to bank accounts in the name of the City of Grand Terrace. 3 I 2 APPROVED AND ADOPTED this 14th day of July, 2009 I I I Ayes: Noes: Abstain: Absent: Mayor ATTEST: City Clerk I i i i 4 STAFF REPORT BUILDING & SAFETY/PUBLIC WORKS CRA( ) COUNCIL ITEM(X-) MEETING DATE: JULY 14,2009 SUBJECT: AWARD OF CONTRACT FOR MOUNT VERNON AVENUE BIKE LANE IMPROVEMENTS. CITY BID NO.:'09-03-A. RECOMMENDATION: 1. AWARD ROQUET PAVING INC., THE MOUNT f, VERNON AVENUE BIKE LANE IMPROVEMENT CONTRACT. 2. WAIVE MINOR IRREGULARITIES WITH ROQUET PAVING INC.,BID PACKAGE. 3. , WAIVE PROTEST FROM LAIRD CONSTRUCTION CO.,INC. FUNDING REQUIRED (I) BACKGROUND: The City was awarded a SANBAG Grant for bike lane improvements to Mount Vernon Avenue between Pico Street and Main Street. Staff has prepared street improvement plans and is currently moving (2) two Edison Transmission Poles to prepare the project for construction that is scheduled to begin in August 2009. On May 22, 2009, the Mount Vernon Avenue project bid specifications were sent out to bid using the Plan Well Website and also advertized with the F.W. Dodge/McGraw-Hill and the local newspapers. A job walk of the project was conducted on June 11, 2009, and bids for the project were opened on June 23. 2009. Eight Contractors bid on the Mount Vernon Avenue project. The low bid contractor was Roquet Paving Inc.,with a bid of$94,898.00. Some irregularities occurred with the bid package from Roquet Paving Inc. The City's bid package required sheets' B-5 and B-6 be part of the bid response submitted with all bids. These sheets were not part of the Roquet Paving Inc., bid package. Sheets B-5 and B-6 acknowledged that the contractor bidding the project had received the addendums that were discussed at the job walk meeting. In addition, Roquet Paving Inc., did not mark the bottom of, sheet C-1 acknowledging that an addendum was included. Roquet Paving Inc., attended the job walk on June 11, 2009 and was aware of the addendum. Staff contacted Roquet Paving Inc.; and asked why sheets' B-5 and B-6 were not included in the bid package. Roquet Paving Inc.; responded that they used the Plan Well web site to download the bid package and it did not include sheets' B-5 and B-6. COUNCIL AGENDA ITEM NO. I i I Roquet Paving acknowledged in a letter dated June 25, 2009 that the bid price of $94,898.00 included the addendums that were discussed at the June 11, 2009,job walk meeting. See Exhibit Laird Construction Co., Inc., the second low bidder at $95,195.00 has protested the low bid from Roquet Paving Inc., and has requested that the City view Roquet Paving Inc., bid as non- responsive and award the lowest responsive bidder Laird Construction Co.,Inc. See Exhibit"B" ANALYSIS: Staff has no way of knowing that the bid package sheet's B-5 and B-6 were not part of the downloaded material from CR Plan Well website. According to the letter received from Roquet Paving Inc., the additional addendum costs were part of the $94,898.00 bid and they were in attendance when the addendums were discussed on site June 11, 2009. City records confirm that Roque,Paving Inc.,was in attendance at the job walk June 11,2009. Sheet C-1 also has an area at the bottom of the page that requests the bidder acknowledge that the addendum was included. Roquet Paving Inc., did not acknowledge that an addendum was. received. However the June 25, 2009 letter did acknowledge that the addendum costs were part of the total bid price. Staff views the irregularities with Roquet Paving Inc., bid sheet C-1 as minor in nature and view the lack of downloaded material from the Plan Well Website as a possibility. Furthermore, the City has discretion to waive any discrepancies or conflicts in the paper work that was submitted with the bid packages. RECOMMENDATIONS: Staff rl ommends that the City Council overlook the irregularities with the Roquet Paving Inc., bid. S�aff also recommends that the City Council waive the protest from Laird Construction Co., Inc., and award the Mount Vernon Avenue project to the lowest bidder Roquet Paving Inc., for $94,898.00. See Exhibit"C"for bid package. Attachments: Exhibit"A"- Roquet Letter Exhibits IB"-Laird Construction Co.,Inc.,Letter. Exhibit"C"- Roquet Paving Inc.,bid package. U o q u e t L+ lirllnll '-A" JUN 2 5 2009 lFavina. Inc. DEPT OF BUILDING SAFETY P. O. Box 887•Colton, CA 92324 Lic. No. 568814 (909) 783-4477 - FAX (909) 783-0267 06/25/09 City of Grand Terrace Public Works Department Attn: Richard Shields 22795 Barton Rd Grand Terrace, CA 92313 Re: Mt. Vernon Ave Street Improvements Bid Roquet Paving Inc. did attend the pre job walk for the Mt. Vernon Ave. Street Improvement project and were aware of the changes and addendum. Roquet Paving Inc.'s price of$94,898.00 included the addendum discussed on the job walk. When the bid package was down loaded pages B-5 and B-6 were not included in the down load from crplanwell.com. Sincerely, c Michael J. Roquet Roquet Paving, Inc. 3 i I LAIRD CONSTRUCTION CO., INC. 9460 LUCAS RANCH ROAD•RANCHO CUCANIONGA,CA 91730-5743 (909) 989-5595 General Engineering Contractor FAX(909)944-9301 AZ CONTRACTOR LIC.NO.34743 CA CONTRA01'0N LIC.NO.165211 NV CONTRACTOR LIC.NO.Xe52 June 26, 2009 City of Grand Terrace 22795 Barton Rd. Grand Terrace, CA 92313-5295 Attention: Brenda Mesa, City Clerk Richard Shields, Public Works Director Reference: Mt. Vernon Avenue Street Improvements,Project No. 12.660 Gentlepersons: On June 23,2009 at 2:00 P.M. sealed bid proposals were submitted,publicly opened, examined and read aloud for the referenced project. The apparent low bidder at $94,9$9.00 was Roquet Paving,Inc. The second apparent low bidder at$95,195.00 was Laird Construction Co., Inc. It was communicated at the bid opening that the apparent - low bidder did not acknowledge Addendum No. 1 dated June 16,2009 in their bid proposal. Addendum No. 1 states in pertinent part: "All bidders are REQUIRED to acknowledge this addendum in Section B (Rage B-6)of the Bidder's Proposal". Due to the fact that Roquet Paving, Inc, did not acknowledge Addendum No. 1 their bid proposal should be considered nonresponsive. Laird Construction Co., Inc. hereby requests the City of Grand Terrace award the contract, for the referenced project,to the lowest responsive and responsible bidder Laird Construction Co.,Inc. Respect` v submitted, ird Cans eti n Co.,Inc. Ralph J. Lai Vice esid t RJL:bs i ,nan rnNRTAWTION DEMOLITION GRADING CONCRETE PAVING HEAVY EQUIPMENT RENTAL 4 i y��pp�INiU,vl� OT i RHMD TERR C 7 t ' June 26, 2009 - Ralph J. Laird DEPARTMENT OF 9460 Lucas Ranch Road "VILDING& SAFETY, Rancho Cucuamonga, Ca PUBLIC WORKS 91730-5743 AND HOUSING 22795 Barton Road Subject: Response letter regarding Mount Vernon Avenue Street Suite B Improvement bids. Grand Terrace California 92313-5295 Dear Mr. Laird: Civic Center (909) 825-3825 Fax (909) 825-7506 In response to your letter dated June 26, 2009, the low bid contractor Roquet Paving Inc.attended the job walk at the time the addendums were discussed. In addition, Roquet Paving Inc. claims that the downloaded information from CRplanwell.com did not include page B-5 and B-6. Roquet Paving Inc. stated that the addendums.discussed on the June 11,2009 job walk are included in the bid price for the project. r- The City has discretion to waving any discrepancies or conflicts'in the paper work that was submitted by bidding contractors. Sincer ly, Richard Shields,CBO Director of Building and Safety/Public Works cc: City'Attorney City Clerk S LAIRD CONE) PIUCTION CO-s-1 INCI RECEIVED June 29,2009 JUN 2 9 2009 DEPT OF BUILDING SAFETY City of Grand Terrace 22795 Barton Rd. Grand Terrace, CA 92313-5295 Attention: Richard Shields, Public Works Director Reference: Mt. Vernon Avenue Street Improvements, Project No. 12.660 Gentleman: i Laird Construction Co., Inc. acknowledges receipt of your letter dated June 26, 2009 in response to the letter dated June 26, 2009 regarding the apparent low bidder's failure to acknowledge Addendum No. I on the referenced project.Notice Inviting Bids, Page A-2 states in pertinent part.' ..The City reserves the right to waive any informalities or irregularities or to reject any or all bids, or any portions of any bid, or to reject and then renegotiate the amount and/or terms of any I bid with any bidder, and to be the sole judge of the merits of the respective bids received..." While the City of Grand Terrace has the discretion to waive discrepancies or conflicts in the paperwork submitted by bidding contractors, Laird Construction Co., Inc. would construe the failure to acknowledge the addendum as a material irregularity and not a minor informality in the bid Which should cause the bid to be nonresponsive. All bidders should be offered an equal I advantage and waiving the failure to acknowledge the addendum would be prejudicial and an abuse of discretion. include page B-5 and Your letter refers to Roquet Paving, Inc.'s claim that CRplanwell did not i B-61 in the downloaded information. There was an area on the bottom of Page C-4 to acknowledge the addendum and it was left blank also. The City of Grand Terrace should consider Roquet Paving Inc.'s bid as nonresponsive and award the project to the lowest responsive and responsible bidder Laird Construction Co., Inc. Res miffed, aird Constr t' Ralph J. Laird Vice Presi ent RJL:bs EXHIBIT "C" BID FORM Bids due no later than 2:00 p.m. on Tuesday. June 23, 2009 at the office of the City Clerk. TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the "CITY". Pursuant to and in compliance with your Notice to Contractors calling for Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: Mt Ve�nen Avenue Street 1 `rrc-�c�rv�rrcrcr�u�vcrc��.#Rpf9iEemeRtS All in strict conformity with the drawings and specifications and other Contract Documents, including Addenda No. I , and ,on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of: BASE BID: r . _N ►0_\4 6n.w *"6C4 VVA DOLLARS ($ (SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS) COMPANY NAME izq u e t Pu vi►tiG (YLC . BY PU 4fG(21/t-� J TITLE CITY ZIP CODE TELEPHONE q g3-q4`1�7 CONTRACTOR'S LICENSE NO. GJ B-5 i DATE 0(o /231 a Vo BIDDER'S NAME, ADDRESS & PHONE STATE CONTRACTOR'S LICENSE NO. 5b8814 '{�04 (,1� t All' U IrLG CITY BUSINESS LICENSE NO. Z 7 l 2 7. P O QD x 7 (if available) CORPORATE SEAL Co jtDn , C. 9 a 3 a 4 (109) 293 - 4y 11 Corporation incorporated under the State of ('Q I i iw rYua TELEPHONE: La 0`l) ?$3-yu?? (Area Code) BY: Signature I lchtctfl . o�uct Print or typ ame TITLE: V '1u'A.t V"t Names and addresses of all members of copartnership or names and titles of all officers of the corporation: 9CcKati oU U t-t - r"UL im,-7 tbrowni nG Rd��-t�al��and,Cup i 07� u�t — - /1 & V CaV11noV1 Goad ��ver.5,cde, Ca (Note here any addenda received) B-6 i CITY OF GRAND TERRACE MT VERNON STREET IMPROVEMENTS DATE: OW 2-3 1 a 009 CONTRACTOR:_ R DO U t t q Vi►kq I hC W.O. No.: 12.660 BID No.: GTB-09-03 BIDDING SCHEDULE ITEM ESTIMATED NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE IN WORDS UNIT PRICE TOTAL COST 1 TRAFFIC CONTROL 1 LS DOLLARS & CENTS L5 I ,loo.UD 2 CLEARING, GRUBBING, &REMOVALS 1 LS c DOLLARS & CENTS (rS _12 rq 50- 3 ROADWAYIDRIVEWAY EXCAVATION 1 LS L5 �1'-1 7.�p DOLLARS& CENTS a� 4 SAW CUT AC PAVEMENT 100 LF u.O D 4 0 0.D 0 DOLLARS & CENTS 5 SAW CUT PCC CONCRETE 50 LF DO a OD DOLLARS& CENTS 6 8"PCC CURB& GUTTER 350 LF al $� n I�r3� 0 U DOLLARS& CENTS I 7 ACCESS RAMP PER SBC STD 110 1 EA Z 3 W DOLLARS & CENTS t'� 8 4" PCC SIDEWALK 1200 SF DOLLARS & CENTS 3•q`� `�'`� 9 COLD MILL AC PAVEMENT(0 1'MIN) 1,800 SF DOLLARS & CENTS 10 RESIDENTIAL DRIVEWAY APPROACH PER RCTC STD 207 600 SF DOLLARS & CENTS �P 9 u1 1 Lf 0. CID ITEM ESTIMATED C-1 I NO. DESCRIPTION OF ITEMS QUANTITY UNIT UNIT PRICE IN WORDS UNIT PRICE TOTAL COST �11 0 33'THICK ASPHALT CONCRETE PAVEMENT 65 TONS DOLLARS & CENTS l30.0D �9, 'Ov ---- --- BASE 100 TONS 35,3� 315- 00.o --� 12 CONSTRUCT 0.5'AGGREGATE DOLLARS & CENTS T13CONSTRUCT 0.1' (MIN)THICKASPHALT �*3 r10 CONCRETE OVERLAY 14 TONS DOLLARS& CENTS 14 0 T THICK PCC DRIVEWAY 1400 SF DOLLARS& CENTS p� 15 RESTORE LANDSCAPING AND IRRIGATION 1 LS L.5 (� i 105, OD SYSTEMS DOLLARS& CENTS 16 24" REINFORCED CONCRETE PIPE 40 LF Y7.50 DOLLARS& CENTS i7 CURB OPENING CATCH BASIN PER SBC STD 1 EA 1 ,eA. L� �2U-o0 206 DOLLARS& CENTS 18 GUTTER DEPRESSION FOR CURB OPENING 22 LF Ia3.00 CATCH BASIN PER SBC STD 203-B,TYPE"B" DOLLARS & CENTS ' 19 CONCRETE COLLAR PER APWA STD 380-3 1 EA DOLLARS& CENTS e f�' f 1 vp .00 20 ADJUST EXISTING WATER VALVE TO FINISH 1 EA 11 eQ . 15 0.v0 GRADE DOLLARS& CENTS 21 SIGNING&STRIPING 1 LS DOLLARS& CENTS I` i 1175,00 _ 3 EA 22 RELOCATE MAILBOX l(gyp. 0� 00 3�� DOLLARS& CENTS 23 PAVEMENT MARKERS 1 LS L 5 p d Q,DU DOLLARS& CENTS TOTAL AMOUNT q glgq q•00 DOLLARS& CENTS TOTAL AMOUNT: C-2 1 ,PAGE INTENTIONALLY LEFT BLANK C-3 I CITY OF GRAND TERRACE TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND TERRACE In compliance with the Notice Inviting Bids, published by the City Clerk, the undersigned hereby proposes to furnish all materials, equipment.and all labor and methods and do all things necessary for the proper furnishings of the equipment, in strict and complete accord with the Specifications now on file with the City Finance Department at the prices set fourth in the attached Bid Schedule. The undersigned hereby declares, as bidder, that he/she has examined the Specifications and also understands that all equipment to be furnished shall be for the bid price, and that the undersigned has also checked all figures shown and understands that neither the City of Grand Terrace nor any officer thereof will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. The City Council reserves the right to reject any and all proposals, waive any irregularities in bidding or to award the Contract to other than the lowest bidder. Enclosed is the proposal guaranty, made payable to the City of Grand Terrace, for the sum o �01 f $ , 89S •w , which is not less than ten percent (10%) of the total amount of this bid. In accordance with Subsection 2-1.054 of the Standard Specifications for Public Works Construction, 2006 Edition, the following subcontractors are listed: NAMIE AND BUSINESS ADDRESS ITEMS OF WORK TO BE SUBCONTRACTORS: SUBCONTRACTED: -Vend[n conertte, Inc. gggq peSperado OriYt (ZIvejr.-ifdj , Ca q;569 GorLCrere, 5(jdhaKa2 Company 14 So N ;¢�g,e& d )Qa�Ift, C4 q 931(0 7t4 e4rtDn Under qrd-u2d 2 Ll o MapLe a ue,She i1 yCAumont� CA 92.223 Sbrm Arai►-- I C-3 1 DATE 002-31X09 _ BIDDER'S NAME, ADDRESS & PHONE STATE CONTRACTOR'S LICENSE NO.5WN OA u G-t 1'oVff'1.G hic . CITY BUSINESS LICENSE NO. 231 ZZ (if available) D bUZ $ �' CORPORATE SEAL _ Col+'on } Ca 9;2324 (167) r783- 4y -77 Corporation incorporated under the State of r Gt lc b fY1iGt, . TELEPHONE: 000 9 93 - 414 17 (Are ode BY: Signatur f lir/KaeI 1- Roquet Print or type rr me TITLE: P11.eaatmb Names and addresses of all members of copartnership or names and titles of all officers of the corporation: K'*C Kra Pj k . f2o Lt t+, he�1 0roWrun _Rd ,--h jk1A rLd ) CA-' 05 Imo- A • 12d q Ut P-1yer .�)iOLZICa- . (Note here any addenda received) C-4 13 INFORMATION REQUIRED OF BIDDERS EXPERIENCE: The C I ntractor shall list in the spaces provided below, not less than three comparable projects which Ilave been completed within the past five years. DESCRIPTION LOCATION of � ► La c ro.SS e Yr'v r e YLd Q ,l'S ion dal lrnS Alpt: ku bl'�au/X R AA-d a-ux �a�i'vu 11� Water b►�tri ct �ter1 � Gt y-en.0 e. -�1O frLAn.Cia( - AHAVr�tu, Crealrf Red [ands �H 63 - 1 aArLr-La e. - LA Uowa Cre d (,00n a Lr nil a. I 1 E-1 1� FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Roquet Paving, Inc. , as Principal, and SureTec Insurance Company as Surety, are hereby and firmly bound unto City of Grand Terrace as Owner in the penal sum of (1 r for the payment of which, will and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrator, successors and assigns. Signed this 17th day of June ,2009. The condition of the above obligation is such that whereas the Principal has submitted to City of Grand Terrace certain Bid, attached hereto and hereby made apart hereof to enter into a Contract in writing for the Mt Vernon Avenue Street Improvements. (1) ten percent (10%) of the total bid amount NOW, THEREFORE, a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute and deliver a Contract In the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform the agreement created by said Bid, then this obligation shall be void, otherwise, the same shall remain in force and effect; it is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. D-1 V; i i i I I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and sealsi, and such of them as are corporations have caused their corporate seals to be hereto affixeld and these presents to be signed by their proper officers, the day and year first mentioned. PRINCIPAL: Roquet Paving/, In/c. By: y�Z✓/ i i BY: SureTec Insurance Company .-- S g Attorne In-Fact Julia B. Claddin , Y" SEAL i i I I i i l D-2 I i V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �c�`--F:rs��a,.Gf�-F.ndc�G-�'c3=..cc>�,s-R�=�r�r�r�r.C1��O%�"--.��".•.�CFfi.G�d>,�' .F=Gr,�%�r��'= — State of California County of Riverside On JUN 17 2009 before me, Michele M. Qualls, Notary Public Dale Here Insert Name and Title of the Officer ' personally appeared Julia B. Gladding Name(s)of Signer(s) - r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that j :- Iv91 H � IVI UAI-L$ fie/she/"executed the same in hWher/ authorized C�7f+r.M. #1704204 Cr �r NOTARY PUBLIC-CALIFORNIA capacity(ies), and that by t�+s/her/t#ei+ signature() on the RIVERSIDE COUNTY instrument the person(s), or the entity upon behalf of My Comm.Expires Nov.11,2010 which the person(}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1 .li .`'1�� .�-t Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ElGeneral _ ❑ Attorney in Fact _ ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: C2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827 17 i P� �100IS. I i r'�T.�_ SnrcTcc Insurance Company LIIIITED POWER OF ATTORNEY K,10w All ,ZIen by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corpo-madon duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County,Texa,,does by tltese presents make,constitute and appoint Kenneth A.Coate,Julia B. Gladding its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its Warne,place and stead, to execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety,providing the bond penalty does not exceed Five Million Dollars and no/100($5,000,000 00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company- Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary sliall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney,in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer.and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or_'acsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (.4dopted at a meeting held on 20 of April, 1999.) 1 In Witness Ti'lie'reuf, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affix ed this 28th day of October,A.D.2008. -- SURETEC INS CE COMPANY ..n`i.Fi'.A..'y. a 4" By. B.J,Ki esident State of Texas I ss: County of Harris On this 28h day of October,2008 before me personally came B.J.King,to me known,who,being by me duty sworn,did depose and say,that he resides in Houston,Tcxas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument; that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. i Michelle Denny statMcetiry PtasOo phe Of Tme Michelle Denny,Notary P` tic My commission expires Augi—lSt 27,2012 I,NI.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing a true and correct copy of a Power of Attomey,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. JUN 17 2009 Given under my hand and the seal of said Company at Houston,Texas this day of ,A•D• I aJl I M,Brent Waty,Assls awl f,Q_retary dry ns;ament:issued in excess of the penalty stated totally-�914 and without any validity. veriY:cation of'he authority of this power you may.Qii(713)W24800 any business day between?:00 am and f010 r 137. i i 1� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,<_<"- —��n-f+=.-—- --- State of California County of a h 13 C r r.ct rJ t r 0 On 00221 2 o v q before me, �-� M u rp k.A Date j F(!jInsert Name and Title of the Officer personally appeared M Rol we Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose names) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherftheir authorized capacity(ies), and that by his/he0heir signature(s}on the instrument the person(a), or the entity upon behalf of , f mtt4o which the persoaH acted, executed the instrument. +rral.w I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h a d official seal. Place Notary Seal Above Signature Signature of Note ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑Partner—❑ Limited ❑ General ❑ Attorney in Fact • - ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder-Call Toll-Free 1-800-876-6827 19 STAFF REPORT BUILDING & SAFETY/PUBLIC WORKS CRA( ) COUNCIL ITEM (X) MEETING DATE: JULY 14,2009 SUBJECT: DIRECT STAFF TO PURCHASE PORTIONS OF PROPERTY KNOWN AS APN: 1167-121-03 & 1167- 121-04 FOR USE AS RIGHT-OF-WAY (ROW) FOR � - THE BARTON ROAD BRIDGE OVERHEAD ` PROJECT (54C-0379). RECOMMENDATION: 1. APPROVE THE AMOUNT OF $46,610.00 AS THE PURCHASE PRICE FOR PORTIONS OF THE PROPERTY NEEDED FOR ROW ON THE BARTON ROAD OVERHEAD BRIDGE PROJECT, KNOWN AS APN: 1167-121-03 &1167-121-04. 2. DIRECT STAFF TO PROCEED WITH ESCROW AND THE PURCHASE OF PORTIONS OF APN: 1167-121-03 & 1167-121-04 LOCATED IN THE CITY OF GRAND TERRACE, CALIFORNIA IN THE AMOUNT OF$46,610,00. 3. ADOPT RESOLUTION NO. SETTING FORTH AN EXPLANATION FOR A HIGHER - OFFER THAN THE PROPERTY APPRAISED FOR FUNDING REQUIRED(X) BACKGROUND: The Barton Road Overhead Bridge Project is currently in the ROW stages of the project. Staff has obtained certified appraisals for portions of property needed for ROW at 21801 Barton Road also known as APN: 1167-121-03&04. Staff introduced the appraised values for portions of the property to City Council in closed session where it was determined to offer $45,000.00 for the ROW. The property owner; Barton Property LLC., has accepted the City's offer of$45,000.00 for portions of the property as shown in Exhibit"A"of the attached Buyers Estimated Settlement Statement. The escrow costs for the purchase of the property is $1,610.00 increasing the total purchase cost to $46,610.00 for the property. The escrow instructions estimate $1,610.00 as escrow cost to COUNCIL AGENDA ITEM! NO. 1 i date, and state that this amount may change prior to the completion of the final computations. This is standard for most escrow periods. City Council has set aside $105,000.00 in the Capital Improvement Project Fund in the 2009- 2010 budget under the Barton/Colton Bridge Fund (47) for the purchase of the subject property needed for ROW. The Federal Aid Policy Guide requires the legislative body provide an appropriate explanation of why a higher offer than the appraised value is being proposed. The explanation is to be filed with the project and is the reason for the resolution Staff is requesting be adopted. RECOMMENDATIONS: i Staff recommends that the City Council; 1. Approve the amount of$46,610.00 as the purchase price for portions of property needed for ROW on the Barton Road Bridge Overhead Project, known as APN: 1167-121-03 & 1167-121-04. 2. Direct Staff to proceed with the purchase of portions of APN: 1167-121-03 & 1167-121- 04 located in the City of Grand Terrace, California. 3. Adopt attached Resolution setting forth an explanation for a higher offer than the property appraised for. FISCAL IMPACT: The amount of $46,610.00 for the purchase of portions of property needed for ROW will be taken from the Barton/Colton Bridge Fund(47)account number, 47-100-250-003. Currently this line item has$105,000.00 for the purchase of property in Grand Terrace and Colton. Quarterly invoices are prepared and sent to CALTRANS for reimbursement of costs associated with the bridge project throughout the year. The City will provide an invoice to CALTRANS and be reimbursed the purchase cost of$46,610.00 within a few months of sending the invoice. Attached: Resolution Buyers Estimated Settlement Statement i RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA SETTING FORTH AN EXPLANATION FOR THE PURCHASE OF PORTIONS OF APN: 1167-121-03 & 1167-121-04 FOR RIGHT-OF- WAY ON THE BARTON ROAD OVERHEAD BRIDGE PROJECT. WHEREAS, pursuant to Federal-Aid Policy Guide, Subpart B-Real Property Acquisition Basic Acquisition Policies, Subsection 8, where Federal funding participation in an initial offer that exceeds the amount of the approved appraisal is permissible if the file contains an appropriate explanation. WHEREAS, an explanation is hereby established and placed in the file of the Barton Road Overhead Bridge Project explaining why the City Council elects to make an initial offer that exceeds the amount of the appraised value on portions of Assessor Parcel Numbers 1167-121-03 and 1167-121-04,located in the City of Grand Terrace, and: WHEREAS, the City Council may establish a higher initial offer on a property that has been appraised if the cost to acquire the property through eminent domain proceedings is more costly than a higher offer on the property being purchased, and: WHEREAS, the City Council may establish a higher initial offer on a property that has been appraised if the time to conduct eminent domain proceedings would hinder the project and prevent the project from moving forward in a normal manner, and: WHEREAS, the Fair Market Value for Property Rights Acquired on Assessor's Parcel Numbers 1167-12103 and 1167-121-04 also exhibited in the Summery Appraisal Report File No. 2008.25, West Barton Road Bridge Overhead Project (54C-0379) is valued at $34,045. City Council elects to increase the offer for the subject property to $45,000.00 not including any additional unknown minor escrow closing costs. NOW THERFORE, BE IT RESOLVED, the City Council has directed Steve Berry, City Manger to further review appraisals and to make an offer of$45,000 to Barton Property, LLC. for the right-of-way needed to construct portions of the Barton Road Bridge Project. RESOLVED FURHTER, based upon its conclusion that the payment of $45,000 plus escrow costs for the property is less than the cost of acquisition through eminent domain. 3 i Ii I First American Title Company T C� 323 Court Street•San Bemardino,CA 92401 Buyer's Estimated Settlement Statement Property: 21861 Barton Road,Grand Terrace,CA 92313 File No: SSB-3101731 Officer: Cheryl Zanini/CZ New Loan No: Settlement Date: Disbursement Date: 06/15/2009 Print Date: 6/23/2009, 10:06 AM Buyer: The City of Grand Terrace,a public body Address: Seller: Barton Property LLC Address: 21801 Barton Road,Grand Terrace,CA 92313 1 Charge Description Buyer Charge Buyer Credit Consideration: Total Consideration 1 45,000.00 Ad ustments: _--- _---_—_---_ —.- Closing Reserve-REFUNDABLE_ 200.00 Title/Escrow Char es to: CLTA Litigation Guarantee-First American Title Company 360.00 ALTA Std Owner Policy 1402.06(6-17-06)-First American Title Company 395.00 Escrow Fee-First American Title Corripmy 655.00 Cash(X From)( To)Borrower 46,610.00 Totals 46,610.00 46,610.00 Notice - This Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of the Settlement Statement. I Buyer(s): The City of Grand Terrace, a public body, Corporate and Politic By'&6e Berry, City Manager f a n W- 444-94 First American Title Company 323 Court Street, San Bernardino,CA 92401 Phone- (909)380-8776 Fax-(866)232-4615 WIRING INSTRUCTIONS PAYABLE TO: FIRST AMERICAN TITLE COMPANY BANK: First American Trust, FSB ADDRESS: 5 First American Way, Santa Ana,CA 92707 ACCOUNT NO: 3012910000 ROUTING NUMBER: 122241255 PLEASE REFERENCE THE FOLLOWING: ^, CUSTOMER NAME: THE CITY OF GRAND TERRACE,A PUBLIC BODY FILE NUMBER: SSB-3101731 (CZ) ATTENTION: CHERYL ZANINI PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO FIRST AMERICAN TITLE COMPANY PLEASE NOTIFY CHERYL ZANINI AT(909)380-8776 WHEN YOU HAVE TRANSMITTED YOUR WIRE. FAX NUMBER: (866)232-4615 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR NAME(S)ARE NOT INCLUDED 5 BOE-502-A(Front),Rev. 10(8-07) PRELIMINARY (CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY [To be completed by transferee(buyer)prior to transfer of subject property In accordance with Section 480.3 Of the Revenue and Taxation Code.] A Preliminary Change of Ownership Report must be filed with each Conveyarree In the County Recorders Ofnm for the county where the property is looted;this particular form may be used in all 58 Counties of California. TKM REPORT 13 NOT A PUBLIC DOCUMENT i SELLER/TRANSFEROR: Barton Propmty LLC BUYER/TRANSFEREE: The City of Grand Terrace,a public body R politic ASSESSORS PARCEL NUMBER(S): 1167-121-03 PROPERTY ADDRESS OR LOCATION: 21801 Barton Road Grand Terroce,CA 92313 Narn MAIL TAX INFORMATION TO: Q:The City of Grand TerroM a public body R Politic Address:21801 Barton Road,Grand Twrac%CA 92313 Phone Number(8 a.m.-5 p.m.): NOTICE: A lien for property faxes applies W your property an January 1 of each year far the taxes owbg In the bolbvdrg fiscal Year,July 1 through June 3D. One half of these taxes Is due November 1, and orwhhall Is due February 1. The first trstaliment becomes delnquent on December 10, and the second Installment beoornet delinquent on April 10. One tax bill Is mailed bedore November 1 to the owner of record. You may be responsible ftar the cu..a or upmornh property tetras mon N you do not ocafva tha to b1N. whkfi The property, you acquired,may be.subject to a suppfennenb)assessment In an amount to be determined by the County Assessor.For further Wormation on your supplemental roll obligation,please call the County Assessors Office. PART I: TRANSFER INFORMATION (phtmm answer of qua t ons) Yes Nee X A Is this transfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.)? X B. Is this transaction only a Correction of the name(s)of the person(s)holding title to the property(for example,a name change upon marriage)?Rinse moaln ❑ X❑ C. Is 9%document recorded to create,bermYrabe,or reconvey a lender's interest in the property? ❑ X❑ D. Ls this transaction recorded only as a requirement for firrandrg purposes or to create,terminate,or remnvey a security interest (e.g.Cosiprw)?Please explain ❑ ❑X E. Is this document recorded to substlix to a trustee of trust,mortgage,or other similar document? ❑ X❑ F. Did this transW result in the creation of a jofnt tenancy In which the seller(transferor)remains as one of the joint t>erwnts7 ❑ 0 G. Does this transfer retum property to the person wtw created the joint bnancy(oriDkW trardimW)? H. Is this transfer of property: ❑ 1. to a MVOC hole bust that may be revoked by the transferor and Is for the built of ❑ ❑the transferor transferor's spouse? ElX❑ 2. bo a trust that may be revoked by the Creator/Grantor who Is also a joint tenant,and which names the oew joint Murni(s)as be mIdarles when the Creator/Grantor dies? ❑ X 3. to an Irrevocable trust for the beneR of the ❑ Creator/Grantor and/or ❑.Granboes spouse? ❑ X 4. to an irrevocable trust from which the property revels tD the Creator/Grantor within 12 years? ❑ ❑X L If this property Is subject to a lease,Is the remahntrg lease berm 35 years or more including written options? ❑ ® 'J. Is this a transfer between ❑ parerd(s)and drild(ren)? ❑ or from grandparent(s)to Wandchld(ren)? ❑ ❑X 'K. Is this trarsactlon bD repkez a residence try a per ofson 55 years aye oroidelt Wkt*1 the sane Caw Yes NO ❑ ® 'L Is titles transaction to replace a principal residence by a sor who Is severely disabled as defined by Revenue and Taxation Code Section 69.5? Within them sae County ElYes LI No ❑ ❑X M. I Is this transfer solely between domestic pwWers currently reyfstered with the CaVomla Secretary of State? 'If you dwdwd yes to J,K,or L,You may quaYfy for a property tax yea mart a dusfon,which may result in lower taxes on your property. It you do not fib a dairy year Prowty will be museenad. Please provide ar rodw IMomraifon thhat world help the Assessor tD understand the nature of the transfer. If the conveying document constitutes an aduston Aram a dmnge In owrnerft as ddlned in Section 62 of the Revenue and Taxation Code far any reason odw than those listed above,set forth the specific exdusbons claimed: Please answer allIquestions In each section. It a question does not apply,Indicate with'N/A., Sign and Dabs at bottom of saeend papa PART 11: OTHER TRANSFER INFORMATION A Date of transfer?If other than recording date B. x PUMNSe ❑ Foreclosure ❑,GHt ❑ Trade or FxdwW ❑ Merger,Stock,or Partnership Acquisition Contract of Sale-Date of Carbac Inheritance-Date of Death ❑ Other(prhetse ev m); HCreafiDn iof a Lease ❑ Assignment of a Lease ❑ Termination of a lease ❑ Sale/Leaseback l)abel.began ❑ orvinai teen in years(hrdudmg written options) ❑ Renainirig term In years(Including written optionss) M«itob Payment Remaining Term: C. Was only a partial interest In the property tram? ❑ Yes X❑ No If yens indicate the percenbge trarierred qb I I F r�eioe rfrsr[e wsma�ra ravChelr fRtrlAdiefrs� Plbw&ww,to One bast of yow bww tdae of aolalicadb ouesbbm dher�.elan and data Ifa oueshxar Otaes not achoiny #Adkate*a IN ' PART M. PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR value of trade or excharge(amAx airy otosAV cas&) Amount$ B. FIRST DEED OF TRUST @ %Interest for years. Pymrs. ._; (Ph�&In ) Amount; 0.00 RW Div wa Points) Rued rate New ban CarhhrentJonal Variable rate Assumed existing ban balance VA( Discount Points) AN Inclusive D.T.($ Wrapped) Banc or savings r!ban Cal-Vet Loan carried by seller Finance oomhpa W Baton payment ❑Yes ❑No Due pate Amount; C SECOND DEED OF TRUST @ %Interest far years. Pyn*L/Mo._; (Prin.a Int.only) Amount$ Banc orsavlr a ban H ValFaced rate New loan H Assumed adstkV ban balance can by en Loan cated by seder ftbon pftwwnt ❑Yes ❑No Due Date Amount$ D. OTHER FINANCING-Is other flrwndnq kwohoed not covered In(b)and(c)above? ❑Yes ❑NO Amount$ years. Worts/Mo. ¢ (Prin.Ilr Irk only) ( @ %khteresi far ❑ f Bank or savings g loan ❑Fixed rate New ban Loan carried by seller Variable rate p Asatmed ehclsikhg ban balance Baton payment ❑Yes HNO Due Date A $ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BLIYER? ❑Yes ❑No OuWanding Balance:' Amount; F. TOTAL PURCHASE PRICE(or achluisttbn plc ybadad Or exdAwvv4 Ind& e,nee/es�le cunrntsskn ypald) . TOTAL ITEMS A THROUGH E $45,000.00 G. PROPERTY PURCHASED ❑Through a broker ❑Direct from seder p From a family member ❑Other(pbm ewkha If purchased through a broker,provide broker's name and phone number Please acplaln any special tennis,serer eoneessiors,or fi andrig and any other Information that would help the Assessor understand the pumhm price and ten,Ls of sale: PART IV: PROPERTY INFORMATION A TYP E OF PROPERTY TRANSFERRED: ��10e ❑ pTimeshare ❑ residence(no.of unV= 1 HCo-opJOwn-your-wn p Mamft:U W home ❑Unkmproved lot ConnuclWIndustrial Condominium ❑Otiher(Desrstptlon:Le.,timber,mineral,water rkglhls,etc, r B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑Yes ❑No f, ff yr,enter date of ooaapancy / ,20 or Intended ocagwvy t 20 (nar�Eli) (96Y) (ldJ (morsYi) (may) (►ffi1 C IS PERSONAL PROPERTY INCLUDED'IN PURCHASE PRICE(i.e.,furniture faun equ�I machinery,etc) (other than a manufactured home adject to local property tax)? Yes L._l No If yr,enter the value of the personal property Included in the purdnase price; (Altadt qw&ed list OfpershanalpWerty) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑Yes ❑No If yr,how much of the pur+dwse price Is albcated to the manufactured home? Is the manufactured home subject to local property tax? ❑Yes ❑NO What Is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ❑Yes p No If yr,Is the Income from: ❑Lease/Rent p Cwwd ❑Mineral Rights ❑Other Comm e , : F. WHAT WAS THE CONDITION OF PROPERTY ATTHE TIME OF SALE? Good p Average p Fair p Poor Please ehrplaln the physical condition of the property and provide any other Information(such as resattlons, ebc.)that would assist the Assessor in determining the value of the property: OWNERSHIP TYPE CERTIFICATION Proprietorship ❑ Partnership El I c"y that the lbreglviyg Is bur,cnvract and aampkfe to b'a best Of my kx*vkddpe and helm f. C0rPDrdtIGn ❑ fits dedarabfon isWndng an each and emy cn-owjwr anpr/ar pwbmer. Other ❑ NAME OF NEW OMR wooRPORA7E OFFICER The City of Grand Terrace,a publk body X11,11)F(�J CaE-IE SIGNATURE OF OWNER/ OFFICER3�0 NAME OF (4Prdc►prirhw7 LOYER ID NUMBER ADDRESS(typtAd orprirred) PHONE NUMBER(a a.m.-5 p.m.) E-MAIL ADDRESS(gmdaW 2=1 Bwt n Read,trend Twraa:f{,CA 92313 it a doarnrerrt (Metro The Aaeeeeor may eentaal yam fbr add*wW Marnwflorq eriderreirq a dw ge or owrm id in preeshted to the recorder for rraoordatlon wiMhout the eoncveeat fl&V of a pregmimy change er omm al p RPM 4 tin reoordo nrtry.dwye an addtloraal flee of booty I -w ($20). 7 i AM iF it First American Title Company 323 Court Street r. San Bernardino,CA 92401 (909)380-8776 T C�� Fax-(866)232.4615 ESCROW INSTRUCTIONS TO: First Amerkan Title Company ("First American") mate: June 16th, 2009 Attn: Cheryl Zaninl (Escrow Officer) File No.: SSS-3101731 (CZ) Property: 21801 Barton Road Grand Terrace,CA 92313 L This escrow has been opened pursuant to that certain real estate purchase agreement entitled "AGREEMENT FOR ACQUISITION OF REAL PROPERTY(Escrow InsbmdJons)"dated as of APRIL 13, 2009 ("Purchase Agreement') by and between Barton Property LLC, a California Limited Liability Company("Seiler') and The City Of Grand Terrace, a public body, corporate and Politic("Buyer") with regard to that certain real property commonly described as West Barton Road Bridge Overhead Project (54C-0379)APN*1167- 121-03 & 04, in the City of Grand Terrace, County of San Bernardino, State of California("State") as furttrer legally described on Exhibit 'A' attached hereto and incorporated herein by reference (the "Real Property's.IThe terms and conditions of the Purchase Agreement are incorporated herein by reference. First American has been requested to act as escrow agent for the Buyer and Seller(jointly referred to as the"Parties" and individually as a "Party") under the Purchase Agreement. First American is willing to act as escrow agent ("Escrow Agent") for the parties pursuant to the Purchase Agreement subject to the following terms and conditions. 1. Obligations of Escrow Agent: Escrow Agent shall be responsible only for the applicable portions of Purchase Agreement dealing with financing, escrow, allocation of costs, title and vesting, proration, property taxes, title insurance, delivery of documents and Seller's assignment of proceeds to pay the broker commission, if any. 2. Satisfaction of Executory Terms: Pursuant to the Purchase Agreement, the consummation of the escrow is subject to satisfaction of certain executory terms and provisions which are not the responsibility of Escrow Agent. The Parties shall be solely responsible for determining such satisfaction and shall notify Escrow Agent in writing in a form reasonably satisfactory to Escrow Agent when such executory terms have been fully satisfied or are otherwise waived. Escrow Agent's receipt of such written acluxWedgment shall constitute a direction to Escrow Agent to dose the Escrow. 3. General Provisions: Escrow Agent's duties and responsibilities in this escrow are subject to the General Provisions. To the extent that the Purchase Agreement is inconsistent with the General Provisions, the terms of the General Provision shall control as to Escrow Agent's rights, duties and responsibilities. 4. Clarification of Purchase Agreement Terms: (a) Sales Price: The sales price of the Real Property is$45,000.00 (b) Close of Escrow: Close of escrow shall occur on or before 06/30/2009. Closing Fund: Funds to close escrow must be received in a form sufficient to satisfy applicable good funds laws of the State. All funds in excess of$100,000 must be wire transferred to Escrow Agent Page 1 of 5 i Requirements fbr Interest Bearing Accounts: In the event that Escrow Agent is requested to deposit funds in an interest-bearing account, Escrow Agent shall not be obligated to open such account until Escrow Agent has received an executed Form W-9 with appropriate taxpayer information from the Party to whose benefit the interest will accrue. The Parties acknowledge receipt of a form entitled "Notice of Opportunity to Earn Interest" delivered concurrently with this Escrow Insbixtion. The Parties acknowledge that Escrow Agent shall be entitled to a fee of$50.00 for opening any interest bearing account. Funds Held Fee: If the event that funds remain in escrow for any reason more than 90 days after the dose of escrow, or if escrow has not closed 90 days after the estimated dosing date set forth in the existing escrow instructions to Escrow Holder ("Dormancy Peri)d"), Escrow Holder will make reasonable efforts to notify the parties regarding same. If funds remain in escrow beyond the Dormancy Period, a monthly "funds held fee" of$25.00 shall accrue for each month or fraction of a month thereafter that the funds, or any portion thereof, remain In escrow. Escrow Holder is instructed to deduct the monthly funds held fee directly from the funds held in escrow on a monthly or other periodic basis (i.e. quarterly, semi-annually, etc.). The parties agree to pay these sums to compensate Escrow Holier for administering, monitoring, accounting, reminders and other notifications and processing of the funds so held in accordance with this provision. Document/Funds Deftery: After dose of escrow, all documents, funds and statements are to be sent to the undersigned at the addresses provided to Escrow Agent Escrow Fees: Escrow Agent shall allocate fees and costs between the Parties in accordance with the Purchase Agreement. The Parties understand that in the event of cancellation of this Escrow, Escrow Agent shall be entitled to a cancellation fee and reimbursement of any direct costs incurred at the request of a Party. SELLER: Barton Property LLC, A Calilfomia Limited Liability Company By: James McMinn, Managing Member By: Tina McMinn, Managing Member BUYER: The City of Grand Terrace, a public body, Corporate and Politic By: Steve Berry, City Manage Pape 2 of 5 9 -- �- • me M.:bw-.7ivl/dl((Z) EXHIBIT 'A' PARCEL 1: (APN: PORTION OF 1167-121-03) THE WEST Ifs OF LOT 7,SAVING AND EXCEPTING THE EAST 270 FEET THEREOF,AND ALL THAT PORTION OF LOT 8 IN SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44, RECORDS OF SAID COUNTY,LYING EAST OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY,AS SAID RIGHT OF WAY IS NOW LOCATED THROUGH SAID LOT 8. SAVING AND EXCEPTING THAT PORTION OF LOT 8,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 8,WITH THE EAST LINE OF THE RIGHT OF WAY OF SAID SOUTHERN PACIFIC RAILROAD COMPANY,AS SAID RIGHT OF WAY IS NOW LOCATED THROUGH SAID LOT 8;THENCE SOUTH ALONG THE EAST LINE OF SAID RIGHT OF WAY,612 FEET, MORE OR LESS TO THE SOUTH LINE OF SAID LOT 8;THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 8,99 FEET;THENCE NORTH AND PARALLEL TO THE EAST LINE OF SAID SOUTHERN PACIFIC RAILROAD COMPANY,SAID RIGHT OF WAY,612 FEET, MORE OR LESS TO THE NORTH LINE OF SAID LOT 8;THENCE WEST ALONG THE NORTH LINE OF SAID LOT 8, 99 FEET, MORE OR LESS TO THE PLACE OF BEGINNING. PARCEL 2: (APH:PORTION OF 1167-121-03) THAT PORTION OF LOT 7,SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST 270 FEET OF SAID WEST%OF LOT 7,- THENCE SOUTH ALONG THE WEST LINE OF SAID EAST 270 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT;THENCE EAST 270 FEET TO THE SOUTHEAST CORNER OF THE WEST%OF SAID LOT; THENCE NORTH 100 FEET ALONG THE EAST LINE OF SAID WEST%OF SAID LOT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO VIRGIL V.HALL,ET UX,TO THOMAS 7.TILLEY, ET UX,BY DEED DATED 3ULY 17, 1956 AND RECORDED AUGUST 7, 1956 IN BOOK 4005 PAGE 324 OF OFFICIAL RECORDS;THENCE WEST 235 FEET ALONG THE SOUTH LINE OF SAID TILLEY PARCEL TO THE SOUTHWEST CORNER OF SAID TILLEY PARCEL; THENCE NORTH ALONG THE WEST LINE OF TILLEY PARCEL TO THE NORTHWEST CORNER OF SAID TILLEY PARCEL;THENCE WEST ALONG THE NORTH LINE OF SAID LOT,55 FEET, MORE OR LESS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 5 FEET,- ALSO EXCEPTING THEREFROM THAT PORTION TAKEN BY CONDEMNATION IN FAVOR OF THE CITY OF RIVERSIDE RECORDED MAY 23, 1%1 IN BOOK 5438,PAGE 331, OFFICIAL RECORDS OF RIVERSIDE COUNTY. PARCEL 3: (APN: 1167-121-04) Para 4 of S 11 i i ALL THAT PORTION OF LOT 8 IN SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY,IN THE CITY OF GRAND TERRACE,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 8,WITH THE EAST LINE OF THE STRIP OF LAND OCCUPIED AS A RAILROAD RIGHT OF WAY BY THE SOUTHERN PACIFIC RAILROAD COMPANY,AS SAID RIGHT OF WAY IS NOW LOCATED THROUGH SAID LOT 8; THENCE SOUTH ALONG THE EAST LINE OF SAID STRIP,612 FEET,MORE OR LESS,TO THE SOUTH LINE OF SAID LOT 8;THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 8,"FEET;THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID STRIP OF LAND OCCUPIED BY THE SOUTHERN PACIFIC RAILROAD COMPANY,AS A RIGHT OF WAY,612 FEET, MORE OR LESS,TO THE NORTH LINE OF SAID LOT 8;THENCE WEST ALONG THE NORTH LINE OF LOT 8, 99 FEET,MORE OR LESS,TO THE POINT OF BEGINNING. A.P.N. 1167-121-03 A 1167-121-04 I I i I I i i i I i I I I Paw 5 of 5 12 Escrow General Provisions The parties understand and adorowledge: insurance polky(les).Buyer will provide a completed Preliminary Change of 1. SPECIAL DisaOsvRES: Ownership Report form ("POOR'). If Buyer fails to provide the POOR, A. DEPosrr oP Rjmos ft DISlURSEMENTS Escrow Holder shad dose escrow and charge Buyer any additional fee Unless directed in writirg to establish a separate,Interest-bearing account incurred for recording the documents without the POOR. Escrow Holder is together with all necessary taxpayer reporting information, all funds shall released f any liability in connection with same. be deposited in general escrow acoounts in a federally insured financial 7. PERSONA.PROPERTY TAxis institution including those affiliated with Escrow Holder("depositories').AN No euominatlon,UCC search,insurance as to personal property wid/or the disbursemerrts shall be made by Escrow Holders enecc or by wire baiisft payment of personal property taxes Is required'unless otherwise instructed unless otherwise instructed in writing. The Good Funds law (CaHforrda in writing. hmiranee Code 12413.1) mandates that Escrow Holder may not disburse & REAL PROPERTY TAMM funds until the funds are,in fad,available in Escrow Holders account.ore transfers are immediately disbursable upon confirmation of receipt Funds Real property taxes are prorated based an the most current available tax deposited by a cashiers or certified dvxk are generally available on thestatement from a the tax collectors office. Supplemental taxes may be next ban" day following depostL Funds deposited by a personal check assessed construction. a retme of a change in ownership or completion of bill and other types of i strwwrds may not be available until confirmation Issuedfte losia o escrow due either parry based on the 11 be new bytax he from Escrow Holders bank which can vary from 2 to 10 days. sated after dose of escrow a a supplemental tax bill will be made by the parties outside of escrow and Escrow Holder Is released of any liability in A. DISC xmu of PosmE illexa TS ro EsCJtow i+own connection with such adjustments.The first Installment of California real is a result of Escrow Holder maintaining Its general escrow accounts with property taxes is due November le (delinquent December 101 and the the depositories,Escrow Holder may receive certain financial benefits such second installment is due Febrwry 1'r(delinquent April 10'h).if a tax bill is as an array of bank services, accommodations, loans or other btdness not recelved from the County at least 30 days prior to the due date,buyer transactions from the depositories ("collateral bwwfrts"). All eollaberal should contact the County Tax Codemor's office and request one. Escrow benefits shall accrue to the sole benefit of Escrow Hoker and Escrow Hokkr is not responsible for same.. Holder shall have no obligation to account to the parties to this escrow for 9. CAncau n OF Esmow the value of any such collateral benefits. (a) Any party desiring to canal this escrow shad deliver written notice of C. MISCELLANEOUS FEES _ cancellation to Escrow Holder. Within a reasonable time after receipt of Escrow Holder may incur certain additional costs on behalf of the parties such notice,Escrow Holder shall send by regular mall to the address on the for services performed,or fees charged,by third parties.The fees charged escrow insbtucf,one copy of said notice to the other party(ies). Unless by Escrow Holder for services Including,but not limited to,wire transfers, written objection to cancellation is delivered to Escrow Holder by a party overnight delivery/aourler services,recording fees,notary fees,etc.may within 10 days after date of mailing, Escrow Holder is authorized, at its Include a mark up over the direct cost of such services to reflect the open, to comply with the notice and terminate the escrow. If a written averaging of direct,administrative and overhead charges of Escrow Holder objection Is received by Escrow Holder, Escrow Holder is authorized,at its for such services which shall,in no event,exceed$10 for each markup. optionheld , t and too hold take funds no other action ntsunti In nthscrowwwise dingy by either the o to the funds D. METxoo e m unt Intel To a on a ENNotoan pa y+mutual written Instructions or a final order of a court of competent To minimize the amount of Interest due on any exstlng loan or Iles,Escrow jurisdiction.If no action is taken on this escrow within 6 months after the Holder will deliver the payoff funds to the lender/denhokier In an closing date specified in the escrow instructions, Escrow Hokfers expeditious manner as demanded by the lendw/denhokfer using (a) obligaf shad,at its option,terminate. Upon termination of this escrow, personal delivery,(b)wire transfer,or(c)overnight delivery service,unless the parties shall pay all fees, charges and reimbursements due to Escrow othtrvWse directed in writing by the affected party. Holder and all documents and remaining funds held in escrow all be -. sh i. PRoRATwms•AwusatEne�s returned to the parties depositing same. `fhe term'dose of escrow'means the date on which documents are (b)Notwithstanding the,foregoing,upon receipt of notice of cancellation by recorded.All preratkii and/or adjustments shall be made tD the dose of a seller in a transaction subject to the Home Equity Sales Contract law(OC escrow based on the number of actual days,unless otherwise instructed in §1695 at seq.),Escrow Holder shall have the right to unilaterally caned the writing. escrow and may return all documents and funds without consent by or 3. CoNTa6tNfx PERums notice to the buyer. Escrow Holler shall not be responsible for monitoring contingency time 10. CONRxrnW 1xSrRucrioNs•DrsPum periods between the parties.The parties shall eneaube such documents as If Escrow Holder becomes aware of any conflicting demands or claims may be requested by Escrow Holier to confirm the status of any such ooncerning this escrow, Escrow Hokfer shad have the right to discontinue periods. all firtheir acts on Escrow HokWs 4. REPORTS Escrow Hakters wtsfacticxn.Escrow I lol err conflict Its option to Is resolved has the fight until the ae As an accommodation, Escrow Holder may agree to transmit orders for an action in Interpleada requiring the parties to litigate their claims/rights. Inspection,termite,disclosure and other reports If requested,in writing or If such an action is filed,the parties jointly and severally agree(a)to pay orally,by the parties or their agents.Escrow Holler shall deliver copies of Escrow Hollers cancellation charges,costs(including the funds held fees) reviewing such repot or advising parties of the content of and discharged from aft e rth fees,such .epoi as directed. Escrow Holft Is not responsible fbr and reasonable allmTwW and(b obiigatlas under the estrow)dW Escrow Holder le full rimed an action S. INroNmATIon Atom ArrnlATED CompAtas Is brought involving this escrow and/or Escrow Helder, the party(ies) Escrow Holder may provide the partite'information to and from its affiliates involved in the action agree to indemnify and hold the Escrow Holier in con xtection with the offering of products and services from time harmless against liabilities, damage,and costs incurred by Escrow Holder affiliates. to the acterrit that siiuch�I daitles, mages reasonable a and costs were caused ttorneye fees and )b time neglkgenoe or wd ftd 6. RECORDATION or DowmEm mbar kx:t of Escrow fir. Escrow Helder is authorized to record documents delivered through escrow which are necessary or proper for the issuance of the requested title THIS COMPANY CONDUCTS ESCRM OUS=M UNDER CERTIFICATE OF AUTHORITY >NSM BY THE STATE OF CALVORNIA DEPARTMOfT Or INSURANCE. 02M Ant Areafon Title Irmrarro Ow"" Page 1 Of 2 Pager Farm 111110 (1111/2006) 13 f Escrow General'ProvIsions 11. USURY Under State Withholddno ash Reporting er is no Under California law(Rev a Tax Code§18662), a buyer may be required to Escrow Hold t to be oonoemhed with usury as to any loans or enoumbrarxw in this escrow and is hereby released of any responsibillty withhold and deliver to the Basic Wse Tax Board (the an amount equal to and/or liability titerefore. 3.33%of the sales price("Basic Withholding') in the case of disposition of Calftmta real property interest("Real Propeutrl')by either: 1)a seller who is M A14 MOMENTS TO ESCROW INSr11UCTIONS an individual,trust or estate or when the clLsbursement Instruckrs authorize Any amendment to the escrow Instructions must be in writing,executed the proceeds to be sort b a financial Intermediary of seller; OR 2) a by ail parties and aeoepbed by Escrow Holder. Escrow Holder may,at its corporate seller that has no permanent place of business in California sole option, elect tp aeoept and act upon oral Instructions from the Immediately after the transfer of title to the Real Property. Buyer may be parties.If requested by Escrow Holder the parties agree to eonflrm said subject to a penalty(equal to the greater of 10%of the amount required bo instructions In writing as soon as practicable.The escrow Instructions as be withheld or$500)for falling to withhold and transrrdt the funds to FTB in amended shall constitute the entire escrow agreement between the the time required by law. Buyer Is not required to withhold any amount and Escrow Holder and the parties hereto with respect to the subject matter will not be subject to penalty for failure to withhold if: a)the sales price of of the escrow. the Real Property does not exceed$100,000;b)the seller executes a written i3. DISURANCE POLICIES certificate under penalty of Perjury certifying that the seller is a corporation In aN matters relating to Insurance,Escrow Holder may assume that each with a Pert Place of business In California; OR c)the seller,who Is an policy,is In force and dot the necessary premium has been Paid. Escrow individual, trust, estate or a corporation without a permanent place Holder Is not responsible for obtaining Arc, hazard or liability Insurance, business in California,executes a written Certificate under penally of pal unless Escrow Holder has received specific written Instructions to obtain coWYo9 one of the folowing: (1) the Real Property was the seller's ,such Insurari a Prior to dose of escrow from the parties or their decedent's principal residence (as defined In IRC §121); (11) Real Property being conveyed was List respective lerhders. within the meaning of IRC§§112d1(even if the seller did not meet the the seller as sellers principal two out m 14. CoPXXss of DoCiNurrg AUTHORxzATION To RELEASE of the last five years requirement or one of the special circumstances in IRC Escrow Holder Is authorized to rely upon copies of documents, which §121);(15)the Real Property Is or will be exchanged for pr oerty of like-kind include facsimile, electronic, NCR, or photocopies as if they were an (as defined in IRC §1031) and that the seller intends to acquire property originally executed I document If requested by Escrow Holder, the similar or related In service or use so as to be eligible for nonrecognition of originals of such documents shall be delivered to Escrow Holder. EscrOw gain for California income tax purposes under IRC §1031; (Iv) the Real Holder may withhold documents and/or funds due to the party until such ftperty has been Compulsorily or Involuntarily Converted(as defined in IRC originals are delivered.Documents to be recorded MUSTeontain original §1033)and the seller intends to acquire property similar or related in service signatures. Escrow Holder may fumish copies of any and all documents or use so as to be eligible for nonrecognition of gain for California Income tax to the lender(s), real estate broker(s), aMmey(s) and/or acm ntant(s) pub under IRC§1033; or(v)the Real Properly sale will result In a foss involved in this trarsaciion upon their request Delivery of documents by (or net gain not required to be recognized) for Calffoma Income tax escrow to a real estate broker or agent who is so designated In the puffs. $eller Is subject to penalties for knowingly filing a fraudulerrt purchase agreement shalt be deemed delivery to the principal• outificate for the purpose of avoiding the withholding taws. 1l9. EXECUTION IIN COUITTERPART Fog Ctospigis AFTER JAINUARY 1.2007: The escrow Instructions and any amendments may be executed in one or Seller may elect an alternative to Basic Withholding by Certifying the amount more counterparts,leach of which shall be deemed an original,and ail of to withhold which must be equal to the applirabk maximum tax rate on the which taken togelfier shalt constitute the same Instruction. acbua! gain of the trandierted property CNWmadve Withholding-). The written certification must be made under penafty of perjury and false 16. TAx R@ORTvs%WinHNOLDaNs•DismosugE certifications,nay result in criminal and civil penalties. The parties arc advised to seek Independent advice concerning the tax consequences of this transaction, including but not limited to, their additional information regarding California withholding or ' withholding,reporting and dlsd obligations.Escrow obligatio Escrow Folder does not Contact For provide tax or legal advice and the parties agree to hold Escrow Holder for the Alternative Withholding,contact the Franchise Tax Board at(tell free) hamnlsss from any loss or damage that the Parties may incur as a result 888-792-4900), by e-mail WSCS.GENditb.ca.aov; or visit their websibe at of their fall ure to comply with federal and/or state tax laws. www.ftb.Ca.gov. WZYNN Me ; O JM77ONS ARE ME EXCLUSIVE C. FEDERAL WffHNOLDDM •REPORTING! OBUSA77ONS OF ME PARTJE':i ESiCROW HOLDER lS NOT Certain federal reporting and withholding requirements exist for real estate RESPiDN3ISLE TO PERM THESE OBUSATIOWS UNLEW transactions where the seller (transferor) is a non-resident allen, a non- ESCROWAVWMAGREESDII WRZMM domestic corporation,partnership,or limited liability company;or a domestic A. TAXPAYER ill iFWATION NUMUR REPORTnra corpordtion, partnership or limited liability company Controlled by non- Federal law requires Escrow Holder to report seller's social security for non-residerrt corporations, partnerships or limited liability number or tax identiflcadon number (both numbers are hereafter refenred to as the j'T> n,forwarding address,and the gross sales mice D. TAXPAYER IDwTv ►Two DiscLosum bD the internal Revenue Service ("IRS'). To comply with the USA Federal and state laws require that Certain forms Include a patty's TIN and PATRIOT Act, Certain layer ider>ilfCatlan Information (Including, but that such toms or copies of the fortis be provided to the odw party and to not limited to,the TIN) may be required by Escrow Holder from certain the applicable governmental authorities. Parties W a real estate transaction persons gor ent tles,involved(directly or indirectly)in the bransadfon prior Involving seller-provided financing are required to furnish, disclose, and to include the other party's TIN in their tax returns. Escrow Holder is Escrow cannot be dosed nor any doamerhts recorded until the authorized to release a party's TINS and copies of story tombs to the Information Is provided and Cat led as to Its accuracy to Escrow Holder. dram PAY and b the applicable to hold authorities in the foregoing The parties agree to promptly obtain and provide such information as any fi!lanoosces. The parties agree b hold Escrow Haller harmless of trst requested a EscrowHolder. � � 0°�� er judgments Irhaurted and/or awarded because of file release of their TIN as auticrkzed herein. THIS COMPANY CONDUCTS ESCROW e11111 15111 UNDER COMPICATE OF AUTHORITY 15SUED BY THE STATE Of CALWORNIA DEPARTMENT`OF ONSURANCIL 0200i"rot Awarlon Title Dwuri Curomw Flign 2 of 2 PSM Faun 1i10 (11/1/2006) 14 CLTA(Preliminary Report Form Order Number: SSB-3101731 (22) (Rev. 11/06) Page Number: 1 Amended a4j AMF7;;t �� ' ro �4449 First American Title Company 11175 Azusa Court �~ Rancho Cucamonga,CA 91730 Order Number: SSB-3101731 (22) Title OffKw: Matt Hooks Pam: (909)477-6023 Fax No.:. (866)566-3980 E-Mail: mhooks@firstam.com Escrow Officer: Cheryl Zanini (CZ) Phone: (909)380-8776 Fax No.: (866)232-4615 E-Mail: czanini@firstam.com E-Mail Loan Documents to: SanBemardinoEDocs@flrstam.00m Buyer: Owner: Barg Property LLC Property: 21801 and 21769 Barton Road Grand Terrace,CA 92313 PRELIMINARY REPORT In response to the above referenced application for a porky of title insurance,this company hereby reports that It is prepaed to Issue,or cause to be Wad,'as of the date hereof,a Polley or Policies of Title Insurance desaift the land and the estate or Interest therein hereinafter set forth,insuring agakst loss which may be sustained by reason of any defect,lien or encunMxanee not shovm or referred to as an below or not enaduded from coverage pursuant to the printed SchedulM condRlons and Stipulations of said Poky forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. fie parity ib see asraeid meay cvrrarnh an artettYatbn C66e0. Whey the Amormt ofhowarme(s/es aaa►r that set lbrtb In i6e arbtaabn darrsay a/arrbftbk me mYs_9W be arWaded at a e cptbn of elaber uric cal wry or are insff d as the exdnmve r&7m y orate parnfes Limitations an Covered Rids applicable to the CLTA and ALTA Homeowner's Policies of Tile Insurance which establish a Deductible Amount and a Maximum DoRw Limit of Liability for certain coverages are also set forth in Exhibit A.Copies of the poky fours should be read.They are avallable from the office which issued this report. Please read the euceptlpr shown or retuned to' min and the 6weptlons and enoeadorn at fnrfh in Exhibit A of thb report carefWiy.The exceptiau and ehocasbne we meant to provide you with notice of matters which are not covered under the terms of the title insurance policy arid drould be earsfWly conddered. It In Important to nob that this preUrribm y report Is not a written represenntatlan as to the condition of title and may not list aN liens,defecti6 and encumbrances aAbcfln0 title to the land. FtrstAmerlmn Title 15 f Order Number: SSB-3101731 (22) Page Number: 2 This report(and any aipplerr�s or anxn bm is hereto)Is Ism solely For the purpose of faciMng the Issuance of a policy of title Irnvrance and no Wily Is assumed hereby.N It Is desired that liability be assumed prior to the Issuance of a policy of Me insurance,a Binder orl Corm ment should be requested. I i �1 I l I I I I FirstAmencan Title I i 1E Order Number: SSB-3101731 (22) Page Number: 3 Dated as of May 20, 2009 at 7:30"A.M. The form of Policy of title Insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired: Title to said estate or interest at the date hereof is vested in: BARTON PROPERTY, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY The estate or Interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as fellows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions In said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2009-2010,alien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2008-2009. First Installment: $902.72, DELINQUENT CRY: $90.27 Second Installment: $902.69, DELINQUENT Penalty: $100.27 Tax Rate Area: 016001 A. P. No.: 1167-121-04-0-000 (Affects Parcel 3) 3. The lien of supplemental taxes, if any,assessed pursuant to Chapter 3:5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Any and all offers of dedication, conditions, restrictions,easements, fencellne/boundary discrepancies, notes and/or provisions shown or disclosed by the flied or recorded map referred to in the legal description. 5. Water rights,claims or title to water,whether or not shown by the public records. FrstAmerican Tide 17 i i Order Number: SSB-3101731 (22) Page Number: 4 6. Rights of the public in and to that portion of the land lying within Barton Road. The Follonrina Matters Affect Parcels 1 and 2: 7. The effect of a map purporting to show the land and other property, filed In Book 27, Page 72 of Record of Surveys. 8. Right of way reserved to the]urupa Land and Wager Company or successors to extend canal, as OW may see fit through or across any of said lands. 9. An easement for pipelines and incidental purposes in the document recorded in Book 281, Page 34 of Deeds. The location of the easement cannot be determined from record information. 10. An easement for pipelines and incidental purposes in the document recorded in Book 333, Page 197 of Deeds. The location of the easement cannot be determined from record information. 11. An easement for pipelines and incidental purposes in the document recorded in Book 678, Page 29 of Deeds. The location of the'easement cannot be determined from record information. 12. An easement for electric and telephone lines and incidental purposes, recorded April 22, 1912 in Book 503, Page 292 of Deeds. In Favor of: Southern California Edison Company as successor in interest to Southern Sierras Power Company Affects: Said land 13. An easement for public utilities and incidental purposes, recorded April 4, 1961 in Book 5394, Page 506 of Deeds. In Favor of: Southern California Edison Company, a Corporation Affects: Said land 14. An easement for sewers and incidental purposes, recorded April 2, 1975 in Book 8648, Page 441 of Official Records. In Favor of: County Service Area 70, Improvement Zone H Affects: Said land 15. An easement for natural rain runoff and road purposes and incidental purposes In the document recorded March 2, 1987 as Instrument No. 87-67708 of Official Records. 16. An easement for road purposes and incidental purposes in the document recorded March 2, 1987 as Instrument No. 87-67709 of Official Records. First American Title 1R Order Number: SSB-3101731 (22) Page Number: 5 17. An easement for roads and Incidental purposes in the document recorded September 14, 1993 as Instrument No. 93-393574 of Official Records. 18. A lease dated March 15, 1994, executed by Ruben T. Luna as lessor and Freight Transport Express,Inc. as lessee, recorded December 8, 1994 as Instrument No. 9+486592 of Official Records. Defects,liens,encumbrances or other matters affecting the leasehoid estate,whether or not shown by the public records. 19. A deed of trust to secure an original indebtedness of$530,000.00 recorded July 13, 2007 as Instrument No. 2007-0412784 of Official Records. Dated: July 9, 2007 Trustor: Barton Property, LLC,a California Limited Liability Company Trustee: East West Investment Inc.,a Califomia Corporation Beneficiary: East West Bank Affects: The land and other property. 20. A deed of trust to secure an original Indebtedness of$350,000.00 recorded June 6, 2007 as Instrument No. 2007-0338746 of Official Records. Dated: 'May 30, 2007 Trustor: Barton Property, LLC,a California Limited Liability Company Trustee: East West Investment Inc., a California Corporation Beneficiary: East West Bank The above deed of trust states that it secures a line of credit Before the dose of escrow,we require evidence satisfactory to us that(a)all checks, credit cards or other means of drawing upon the line of credit have been surrendered to escrow, (b)the borrower has not drawn upon the line of credit since the last transaction reflected in the lender's payoff demand,and(c)the borrower has in writing Instructed the beneficiary to terminate the line of credit using•such forms and following such procedures as may be required by the benefiidary. Affects: The land and other property. A document recorded July 13,2007 as Instrument No. 2007-0412785 of Official Records provides that the lien or charge of the deed of trust was subordinated to the Ilen or charge of the deed of Mist recorded June 6, 2007 as Instrument No. 2007-0338746 of Official Records. 21. An easement for pipe lines and incidental purposes, recorded March 23, 1892 in Book 150, Page 347 and March 5, 1891 In Book 126, Page 326, both of Deeds. In Favor of: Riverside Water Company Affects: The land The location of the easement cannot be determined from record information. FirstAnwican T/t/e 19 I I I Order Number: SSB-3101731 (22) Page Number: 6 22. Rights of the public in and to that portion of the land lying within any roads, streets and highways. 23. An easement for conducting,storing, supplying and distributing water and incidental purposes, recorded May 23, 1961 in Book 5438, Page 331 of Official Records. In Favor of: Riverside Water Company Affects: The land 24. The effect of a map purporting to show the land and other property,filed in Book 20, Page 6 of Record of Surveys. - 25. The effect of a map purporting to show the land and other property, filed in Book 27, Page 72 of Record of Surveys. 26. An easement for sewer and incidental purposes,recorded April 2, 1975 in Book 8648, Page 441 of Official Records. In Favor of: County Service Area 70, Improvement Zone H Affects: The land 27. An easement for natural rain run-off, road and incidental purposes in the document recorded March 2, 1987 as Instrument No. 87-067708 of Official Records. 28. An easement for road and incidental purposes in the document recorded March 2, 1987 as Instrument No. 87-067709 of Official Records. i 29. A deed of trust to secure an original indebtedness of$530,000.00 recorded July 13, 2007 as Instrument No. 2007-0412784 of Official Records. Dated: July 9, 2007 Trustor: Barton Property, LLC,a California Limited Liability Company Trustee: East West Investment Inc., a California Corporation Beneficiary: East West Bank Affects: The land and other property. 30. A deed of trust to secure an original indebtedness of$350,000.00 recorded June 6, 2007 as Instrument No. 2007-0338746 of Official Records. Dated: May 30,2007 Trustor: Barton Property, LLC,a California Limited Liability Company Trustee: East West Investment Inc.,a California Corporation Beneficiary: East West Bank The above deed of trust states that it secures an equity line/revolving line of credit. Affects: The land and other property. First American Title 2C Order Number: SSB-3101731 (22) Page Number: 7 A document recorded July 13, 2007 as Instrument No. 2007-0412785 provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded July 13, 2007 as Instrument No. 2007-0412784 of Official Records. 31. Any fads, rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons In possession thereof. 32. Any rights, interests, or daims of parties in possession of the land not shown by the public �r records. Prior to tthe Issuance of any policy of title Insurance,the Company will require: 33. With respect to Barton Property,a limited liability company: a.A copy of Its operating agreement and any amendments thereto; b. If it is a California limited liability company,that a certified copy of its articles of organization (LLC-1)and any certificate of correction(LLC-11),certificate of amendment(LLC-2),-or restatement of articles of organization(LLC-10)be recorded In the public records; c. If It is a foreign limited liability company,that a certified copy of its application for registration (LLC-5)be recorded In the public records; d.With respect to any deed,deed of trust, lease,subordination agreement or other document or Instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely,that such document or Instrument be executed in accordance with one of the following,as appropriate: (1)If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement,such document must be executed by at least two duly elected or appointed officers, as folkmws: the chairman of the board,the president or any vice president:, and any secretary,assistant secretary,the chief finandal officer or any assistant treasurer; (il)If the limited liability company property operates through a manager or managers Identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement,such document must be executed by at least two such managers or by one manager If the limited liability company properly operates with the existence of only one manager. e.Other requirements which the Company may impose following Its review of the material required herein and other information which the Company may require RrstAmerican Title 21 i Order Number: SSS-3101731 (22) Page Number: 8 INFORMATIONAL NOTES Note:The policy bo be issued may contain an arbitration clause. When the Amount of Insurance is less than#lie certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire bo review the berms of the policy, including any arbitration clause that may be included, contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. Taxes for proratlon purposes only for the fiscal year 2008-2009. First Installment: $3,506.00, PAIDWPEN Second Installment: $3,505.98, PAID Tax Rate Area: 016001 APN: 1167-121-03-0-000 (Affects Parcels 1 and 2) 2. This report is preparatory to the issuance of an ALTA Loan Policy.We have no knowledge of any fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116 and If applicable, 115 and 116.2 attached, provided a valid notice of completion is recorded in i the public records. When issued,the CLTA endorsement form 116 or 116.2, if applicable will reference a(n)Commercial Land known as 21801 and 21769 Barton Road,Grand Terrace,California, 92313. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None I FirstAnwican Title Order Number: SSB-3101731 (22) Page Number: 9 WIRE INSTRUCTIONS for First American Title Company First American Trust, FSB 5 First American Way Santa Ann,CA 92707 ABA 122241255 Credit to First American Title Company Account No. 3012910000 Reference Escrow Order Number SSB-3101731,and Escrow Officer Cheryl Zanini Please wire the day before recording. Also, notify the Escrow Officer of your intent to wire. i Funds for other loans being Insured by First American Title Company must iMt be combined into one wire or funds may be returned. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title insurance policy, if any,to which this map is attached. First American Title 23 i Order Number: SSB-3101731 (22) i Page Number: 10 LEGAL DESCRIPTION Real property In the City of Grand Terrace, County of San Bernardino,State of Califomla, described as folbws: PARCEL 1: (APN: PORTION OF 1167-121-03) THE WEST 1/2 OF LOT 7, SAVING AND EXCEPTING THE EAST 270 FEET THEREOF,AND ALL THAT PORTION OF LOT 8 IN SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, LYING EAST OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY,AS SAID RIGHT OF WAY IS NOW LOCATED THROUGH SAID LOT 8. SAVING AND EXCEPTING THAT PORTION OF LOT 8, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 8,WITH THE EAST LINE OF THE RIGHT OF WAY OF SAID SOUTHERN PACIFIC RAILROAD COMPANY,AS SAID RIGHT OF WAY IS NOW LOCATED THROUGH SAID LOT 8;THENCE SOUTH ALONG THE EAST LINE OF SAID RIGHT OF WAY,612 FEET, MORE OR LESS TO THE SOUTH LINE OF SAID LOT 8;THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 8, 99 FEET;THENCE NORTH AND PARALLEL TO THE EAST LINE OF SAID SOUTHERN PACIFIC RAILROAD COMPANY,SAID RIGHT OF WAY, 612 FEET, MORE OR LESS TO THE NORTH LINE OF SAID LOT 8;THENCE WEST ALONG THE NORTH 1 LINE OF SAID LOT 8,99 FEET, MORE OR LESS TO THE PLACE OF BEGINNING. PARCEL 2: (APN: PORTION OF 1167-121-03) THAT PORTION OF LOT 7,SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY,IN THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST 270 FEET OF SAID WEST% OF LOT 7; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST 270 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT,THENCE EAST 270 FEET TO THE SOUTHEAST CORNER OF THE WEST 1/2 OF SAID LOT;THENCE NORTH 100 FEET ALONG THE EAST LINE OF SAID WEST W OF SAID LOT TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO VIRGIL V. HALL, ET UX,TO THOMAS J.TILLEY, ET UX, BY DEED DATED JULY 17, 1956 AND RECORDED AUGUST 7, 1956 IN BOOK 4005 PAGE 324 OF OFFICIAL RECORDS, THENCE WEST 235 FEET ALONG THE SOUTH LINE OF SAID TILLEY PARCEL TO THE SOUTHWEST CORNER OF SAID TILLEY PARCEL; THENCE NORTH ALONG THE WEST LINE OF TILLEY PARCEL TO THE NORTHWEST CORNER OF SAID TILLEY PARCEL;THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 55 FEET, MORE OR LESS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 5 FEET; ALSO EXCEPTING THEREFROM THAT PORTION TAKEN BY CONDEMNATION IN FAVOR OF THE CITY OF RIVERSIDE RECORDED MAY 23, 1961 IN BOOK 5438, PAGE 331,OFFICIAL RECORDS OF RIVERSIDE COUNTY. FirstAnw can Tide i 24 Order Number: SSB-3101731 (22) Page Number: 11 PARCEL 3: (APN: 1167-121-04) ALL THAT PORTION OF LOT 8 IN SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 8, WITH THE EAST LINE OF THE STRIP OF LAND OCCUPIED AS A RAILROAD RIGHT OF WAY BY THE SOUTHERN PACIFIC RAILROAD COMPANY,AS SAID RIGHT OF WAY IS NOW LOCATED THROUGH SAID LOT 8; THENCE SOUTH ALONG THE EAST LINE OF SAID STRIP, 612 FEET, MORE OR LESS,TO THE SOUTH LINE OF SAID LOT 8;THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 8, 99 FEET;THENCE NORTH, PARALLEL TO THE EAST LINE OF SAID STRIP OF LAND OCCUPIED BY THE SOUTHERN PACIFIC RAILROAD COMPANY,AS A RIGHT OF WAY, 612 FEET, MORE OR LESS,TO THE NORTH LINE OF SAID LOT 8;THENCE WEST ALONG THE NORTH LINE OF LOT 8, 99 FEET, MORE OR LESS,TO THE POINT OF BEGINNING. First American Title 25 1 I I Order Number: SSB-3101731 (22) Page Number: 12 i NOTICE Section 12113.1 of the California Insurance Code,effective January 1, 1990, requires that any tide insurance company, riderwritten tide company,or controlled escrow company handling funds In an escrow or sub-escrow capacity,wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the rase of cashiers checks or certified checks, funds may be disbursed the next day after deposit.In order to avoid unnecessary delays of three to seven days,or more, please use wire transfer, cashiers , or certified checks whenever possible. If you have any questions about the effect of this new law, please conbx±your-local First American Office for more details. FirstAmerrcan Title i 26 Order Number: SSB-3101731 (22) Page Number: 13 EXHIIlIT A LIST OF PRINTED EXCEPTIONS AND EXCURSIONS(BY POLICY TYPE) L CALIFORNIA LAND TIRE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE 3 EXCEPTIONS FROM COVERAGE This pocky does not knare against toss or damage(and the Company will not pay costs,attorneys'fees or awmes)which arise by reason of: 1. Taxes or assesmnents which arc not shown as existing lens by the retads of any taxing authority that levles taxes or assessments on rod P OPetY or by the Pik I eW Proceedings by a public agency which may result In goes or assessments,or notice of such proceedtrgs,whWw or rat shown by the retards ol such agency or by the public recards, 2. Any tads,rights,Yrberests,or deYns which are not sham by the pubic oeeords but which could be asxriakrod by an inspection of the land or which may be asserted by persons in 1 1 1 14alon twereoL 3. Easxnaft Isere or exxmbrances,or claims thereof,which are not shorn by the public records. 4. Disae!Pandes,eon0ict5 In&Rx dwY Ines,siar'Age in area,encroachments,or any other facts which a correct survey would disciose,and which are not shown by the publik records. 5. (a)Unpatented mining dalms;(b)reservations or emeptlons in paten is or In Acts audmrb ft the Issuance thereof;(c)water rights,claims or title to water,whether or not the matters acoeI , under(a),(b),or(c)are shown by the public records. EXCLUSIONS FROM COVERAGE The folowkng mattes are expressly eroduded from the coverage of this poky and the Comparri will not pay loss or damage,costs,attorneys'fees or ergenses which arise by reason of: 1. (a)Any law,ordinance or govenmenlal regulation(Inckic ng but not lmted to bulldhg and zoning laws,ordinances or regulations) restricting,mplaling,prohlbitingorielft to(1)the ow+PareY,use,or enjoyment of the land;(l)the character,dimensions or location of any improvement now or hhemalter enecl ed on the land;(11)a separation In ownership or a change In the dimensions or area of the land or any parod of which the land is or was a party or(N)erMronmental probation,or the effect of any violation of these laws,ordinances or governmental regulations,accept to the extent that a notice of the enforcement thereof or a notice of a defect Pan or enaunbranm nag from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not awkided by(a)above,accept to the cement that a notice of the orerdse thereof or a notice of a deleh or erhambrance n s*ft from a violation or aleged.violetlon affectingland the d has been recorded In the pubic records at Date Of poky. 1 2. Rights of e 1 na nt domain unless notice of the aeerdse theeeof has been recorded In the public records at Date of Pocky,but not excluding from coverage any taking which has occurred prior to Date of Poky which would be binding on the rim of a purchaser for value without 3. Defects,Iens,erhambranaes,adverse deft or other matters: (a) whether or not recorded in the pulok records at Data of Poky,but created,suffered,assumed or agreed to by the snared daknant; (b) not known to the Company,not recorded le thhe pubic records at Data of Policy,but known to the Insued daknant and rat dls_closed In writing to the Company by the Mired eiaknani prior to the date the Insured claimant became an khsved under this poky, (c) resull ft In no loss or damage to the hared dakmant; (d) attadnkg or seated subsequent to Data of Poky,or (a) resuRkg In loss or damage which would not have been sustained If the Insured dakn a nt had paid value for the Insured mortgage or for the estate or Interest Insured by this poky. 4. Unenforc eabQRy of the Eel of the Insured mortgage because of the knabliky,or failure of the blared at Date of Policy,or the InabfRy or failure of any subsecii owner of the indebtedness to comply with applicable'doing buskiese laws of the state In which the land is situated. 5. IrrvaNdky or unedorambOty of the Uen of the knsued mortgage,or claim thereof,which arises out of the transaction evidenced by the [raved mortgage and Is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,whiff arise out of the bareacion vest in the khsunad the esbte or interest Insured by their poky or the bansaction creating the interest of the Insured lender,by reason of the operation of federal bankruptcy,state Insolvency or similar cedbors'rights laws. Z AMERICAN LAID TITLE ASSOCIATION oWNER'S POLICY FORM S-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordnance or governmental regulation(krcludrg but not Inched to building and sating ordinances)restricting or regndating or pmhibbv the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter taecI on the lard,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordnance or governmental regulation. 2. Rights of eminent domain or governmental rghls of police power unless notion of the acendse of such rights appears In ft public records at Date of Policy. 3. Defects,lens,enaarhbrarnoes,adverse dabs,or other mattes(a)coated,suffered,assumed or agreed to by tine insured dalmant;(b)not known to the Comparny and not shown by the pubic records but known to the khsued daknant elt her at Date of Pocky or at the date such daimant acquired an estate or It terost Insured by this poky and not disclosed In writing by the Insured dal mart to the Company prior to the date such Insured claimant became an insured hereunder;(c)resulting in no loss or damage to the Insured daimant;(d)attaching or First AmeNcw Tithe 27 i i Order Number: SSB-3101731 (22) Page Number: 14 i i created subsequent to Date of Policy;or(e)resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM d-1970 WITH REGIONAL EXCEPTIONS When the Amelkan Land Title Assodatlon poky Is used as a Standard Coverage Poky and not as an Extended Coverage Poky the exclusions set forth In paragraph 2 above are used and the following exceptions to coverage appear In the policy. SCHEDULE d This poky does not Insure against loss or damage by reason of the matters shown In parts one and two following: 1. Taxes or assessments which are not shown as extsting lies by the records of any taring auttwrity that levies taxes or asses i rrenlis on real property or by the public records. 2. Any fads,rights,hteresis,or claims which are not shown by the public records but which could be ascertaked by an inspection of said land or bV making Inquiry of persons In possession thereof. 3. Easements,dams of easement or encumbrances which are not shown by the pubic records. 4. 1364wancies,conflicts In boundary Ikws,shortage In area,encoarhment,or any other fads which a correct survey would disclose,and whxth are not shown by public records. 5. Unpaterrted mining claims;reservations or ecceptlors In patents or In Ads authorizing the lsswnoe thereof;water rights,claims or title to water. 6. Any Then,or right to a lien,for services,labor or material heretofore or hereafter furnished,Imposed by law and not shown by the public records. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTJL ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any!law,ordinance or governmental regulation(Including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the oecupercy,use or enjoyment of the land,or regulating the character,dimensions or location of any Improvement row or hereafter erred on the land,or prohibiting a separation In ownership or a reduction In the dimensions or area of the land,or the effect of anylviolatlon of any such law ordinance or governmental regulation. 2. Rights of emInerht domain or governmental rights of police power unless notice of the exec ise of such rights appears In the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse datums,or other matters(a)seated,suffered,assumed or agreed to by the insured daknant;(b)not known to the Company and not shown by the public records but known to the Insured daknant either at Date of Polley or at the date such dainant acquired an estate or Inteet Insured by this policy or acquired the Insured mortgage and not disclosed In writing by the Insured daimant to the Company prior to the date such Insured daknant becarne an Insured hereunder,(c)resulting In no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Poky(eteept to the uocteht Insurance is afforded herekh as to any statutory Neal for labor or material or to the extant ksuranee is afforded herein as to assessments for street Improvements under construction or aomple�ed at Date of Poky). 4. Unenfornxabillty of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the khdebtedness to comply with h applicable'doing b usinese laws of the state in which the land Is sibiated. S.AMERICAN LAND TITLE ASSOCIATION LOAM POLICY-1970 WITH REGIONAL EXCEPTIONS When the American bard Title Association Lenders Poky Is used as a Standard Coverage Policy and not as an Extended Coverage Poky,the exclusions set forth In paragraph 4 above are used and the following exceptions ti)coverage appear in the policy. SCHEDULE 9 This policy does not khsre against lobs or damage by reason of the matters shown In parts one and two following: 1. Tio s or ass—rh: - which are not shown as adsttrhg Nuns lhy the records of any taxing authority that levies taxes or assessments on real property or by the public records 2. Any fads,rights,I I P P sts,or claims which are not shown by the public records but which could be ascertained by an kspe rum rh of said land or l y makkg inquiry of persons In posse%fonh thereof. 3. Fas ewerrts,claims of easement or encumbrances which are not shown by the public records. 4. Discrepandis,contlids In boundary Ines,shortage In area,envoachmerhta,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatentued Ming claims;reservations or exceptions In pate is or In Ads autarizbhg the Issuance thereof;wale rights,dates or title to water. 6. Arry lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,Imposed by law and not shown by the public records. Rust American Title I I I ' 29 Order Number: SSB-3101731 (22) Page Number: 15 fi.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.LT.A ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The fol owwkng matters are expresshy excluded f m the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or Mum which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(kodudig but not tricked to building and zoning laws,ordnarom,or regulations) restrkiMhg,regulating,prohibiting or relalkq to(i)the occupancy,use,or enjoyment of the land;(Ili)the character,dimensions or bxation of any improvement now or hereafter 1 -1,'on the land;(II)a separation In ownership or a change In the dimensions or area of-th land or any parcel of which the land is or was a parenvironmentaleffect)environmental!protection,or the of any violation of these laws ordirhanoeS or governnwwM regulations,erocept to the exlernt that a notice of the enforcement thered or a notice of a defect Ben or enambrance resub from a vk&Uw or aieged vk6tion affecth the land has been recorded in the public records at Date of Polley; (b)Any govemmerntsl police power not excluded by(a)above,except to the extern-that a notice of the eoerdse thereof or a mortice d a / defect,lkxn or enambranm resuitirq from a violatiom or merged vkgation affecli thhe land has been recorded let the pubic records at Date of Poky. 2. Rights of emkhent domain unless noticed the exertise thereof has been recorded in the pubic records at Date of Poky,but not excluding from coverage any taking which has occurred prior bD Date of Policy which would be binding on the rights of a purchase for value without knowledge. 3. Defects,liana,encumbrances,adverse dams,or other matters: (a)whether or not recorded In the pubic records at Date of Polley,but treated,suffered,asamW or agreed to by the Insured daimant; (b)net known to the Company,not recorded In the public records at Datdaf Policy,but known to the insured daknant and not disclosed in writing to the Company by the insured claimant prior to the date the kwmd daknant becarne an lasured under this policy; (c)resukkg in no loss or damage to the kmred daknarnt; (d)atbdtlrg or created subsequent to Date of Policy(except to the extort that this poky insures the p Wily of the Ben of the kmued mortgage over any statutory lien for services,labor or material or the sheet Insurance Is afforded herein as to assessments for street la pnovenents under constructim or completed at date of poky);or (e)resultig In loss or damage which would not have been s homed If the insured claimant had pail value for the insured mortgage. 4. UneMoreeabiity of the Ben of the kwxed mortgage because of the knabBRy or failure of the Insured at Date of Poky,or the Inability or fallure of any subsequent owner of the kxkbb x ness,to comply with the applicable*doing bu**W laws of the state In which the land Is situated. 3. IrwdkKy or urm brceabfRy of the Ben of the Insured mortgage,or dakn thereof,which arises out of the transactim evidenced by the Insured mortgage and Is based upon hurry or any consumer auk protection or truth In lending law. 6. Any statutory Ben for services,labor or materials(or the dam of priority of any statutory lien for services,labor or materials over the lien of the kmued mortgage)arising from an improvement or work reMW to the.land which is contracted for and eorrnmenced subsequent to Date of Poky and is not financed In whole or in part by proceeds of the lndebbedness secured by the insured mortgage which at Date of Policy .—� the insured has advanced or is obligated to advance. ( 7. Any dam,which arises out of the transaction creating the Mhterat of the mortgagee Insured by this poky,by reson of the operation of f We bank uplry,state khs kemy,or sknlar creditors'rights laws,that is based on: (q the transaction creating the interest of the insured mortgagee being deerhed a fraudulent oonveyenee or fraudulent bansfe;or (1)the sulordknation of the A terestt of the insured mortgagee as a result of the application of the doctrine d egWtable subordination;or (Iln thhe transaction creating the interest of the ksued mortgagee being deemed a preferential transfer except where the prefeentlM transfer results from the faWrre: (a)to thmely record the instrument of trwwfe;or (b)of such recordation to impart notice to a purchaser far value or a judgment or lien creditor. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEMONS When the American land Title Association policy is used as a Standard Coverage Poky and not as an Fxberhdcd Coverage Poky the exdhsfons set forth In paragraph 6 above are used and the,folowfrg exceptions to coverage appear in the polity. SCHEDULE is This poky does not Insure against loos or damage(and the Company wit root pay costs,attomeW fees or expenses)which arise by reason of: 1. Taxes or I which are not shown as existing Ikea by the records d arry Uft audw ft that kvfes fazes or assessments on real property or by the pubic rneoonds. 2. Any fads,rights irnbert'sts,or dams which are riot shown by the pnbic records ion#whnkh could be ascebkhed by an iuspedforh of sald land or by making kuluiry of persons In passessiorh tie 3. Easements,dakms of easernent or encumbrances which are not shown by the pubk records. 4. Discrepancies,cmftfs In boundary Ines shortage in area,emcroachmerts,or any other fads which a coned survey would disclose,and which are not shown by pubic records 5. UropatentW mining dakns;reservations or exceptions In patents or In Ads autartzkg the issuance V~,water rights,claims or title to water. - 6. Any lien,or right to a Ben,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the pubic records. tf.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 FirstAmerican Tide 29 i Order Number: SSB-3101731 (22) Page Number: 16 I EXCLUSIONS FROM COVERAGE The folowing matters are expressly excluded from the swage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which!arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to tulkiing and zoning laws ordkhane!%or regulations) restricting,regulating,prohibiting or relating to(1)the omoancy,use,or enjoyment Of the land;(IQ the character,dimensions or location of any tnprovernent now or hereafter erected on the land;(11)a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)errvkonrnental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a ratite of the enforcement thereof or a notice of a defect,Ben or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Popsy. (b)Any governmental police power not excluded by(a)above,accept to the extent that a notice of the exercise thereof or a notice of a de�ylien or encumbrance resulting from a violation or apeged.vlolation affecting the land has been recorded In the pubtk records at Date 2. Rights of emineht domain uniess rhofke of the Pm, rdse thereof has been recorded in the public records at Date of Pocky,but not excluding from coverage any taking whlcih has ommed prior to Date of Policy which would be binding on the rights of a purrlwser fbr value without loowledge. 3. De6r cts,liens,exurnbranoes,adverse dakn%or other matters: (a)seated,suffered,assumed or agreed to by the Insured claimant; (b)mat known to the Company,not recorded In the public records at Date of Pocky,but known to the Insured claimant and not disclosed In writfnp to the Compan y by the Insured daimarrt prior to the date the Insured dalrnant becameunder an Insured uer this policy; (c)resulting In no loss or damage to the Insured claimant; (d)attaching or created subsequent to Date of Poky;or (e)resulting In loss or damage which would not have been sustained if the Insured daknant had paid value for the estate or Interest kmx ed by this PAY• 4. ArryIdalm,whlfi arises out of the transaction vesting In the Insured the estate or Interest Insured by-this popsy,by reason of the operation Of federal bankruptcy,state Insolvency,or*rdW creditors'rights laws,that Is based on: (1)the transaction creating the estate or Interest Insured by this policy being deemed a frauduler t conveyance or fraudulent transfer;or (9)the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the prefeentlal transfer results from the failure: (a)to timely record the knstrumerht of transfer;or (b)of such recordation tD knpart nnotice tD a purchaser for value or a Judgment or Den creditor. 9.A14ERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITM REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph tl above are used and the following exceptions to coverage appear In the policy. SCHEDULE 5 This policy dots not Insure against loss or damage(and the Company win not pay costs,attorneys'fees Or expenses)which arise by reason of. 1. Taxes or assessments which are not shown as existing lien by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,Interests,or claims which are not shown by the public records but which could be ascerlakned by an Inspection of said land or by making Inquiry of persons in posuesbion thereof. 3. Fasements,calms of cement or enambranees which are not shown by the public records 4. Dfs6epandes,conflicts In boundary Ines,shortage In area,encroachments or any other fads which a correct survey would disclose,and which are not shown by public records 5. Unpatented mining dalms;reservations or exceptions In patents or In Ads aufhorbrq the Issuance thereof,water rights,claims or title to wager. 6. Any lien,or right to a lien,for services,labor or material theetafore or hereafter fumMm4 imposed by law and not shown by the public records I 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-19fi7 EXCLUSIONS In addition to the amel tbrs in Sdedule B,you are not insured against loss,costs,attomeyV fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This knckdes building and zoning ordinances and also laws and regulations concerning: :land use 'land division 'Improvements on the land •environmental protection This exclusion doe;not apply to violations or the enforcement of these matters which appear in the public records at Pocky Date. This occlusion does not RM the zoning coverage described In items 12 and 13 of Covered The RWm 2. The right to take the lard by cndemning it,unless: k first American Tit/e 30 Order Number: SSB-3101731 (22) Page Number: 17 •a rhotk:e of emcWg the right appears to the pubic neeords on the Pdky Date •the taft happened prior to the Policy Date and Is Wding on you if you bought the land without knowing of the taking. 3. Title Rlsiw •ttat are created,allowed,or agreed to by you •Out are known to you,but not tD us,on the Poky Date-unless they appeared In the pubic records •that result In tho logs to you •time first alien your title after the Pocky Date-ft does not punk the labor and material Yen coverage In Item 8 of Covered Me Risks 4. Folune to pay value for your title. S. Lack of aright: •to any lard outside the area spedflaIlly des>zbed and referred to In item 3 of Schedule A,or •In streets,alleys,or waterways that touch your land This a duslon does not limit the access coverage In Item 5 of Cowered Tide Risks. M EAGLE PROTECTION OWNERS POLICY CLTA HOMEOWNERS POLICY OF TIRE D URIANCE-2000 ALTA HOMEOWNERS POLICY OF TIRE INSURANCE-2000 Covwed Ridw if(SubdhvMm Law Violatlon).18(Building Permit).19(Zoning)and 21(Enavachment of boundary wails or fewes) are adder*is Dedudibis Amounts and Mandmum Dopy Umfb of Uabipty EXCUlSIONS In addition to the F roepttorhs in Schedule B,You are not Insured agakrst loss,costs,attorneys'fbes,and mpeusrs resulting from: 1. Govemmental potice power,and the adstence or violation of those porpons of any law or government regulation concerning: a.bull ft b.zmft c.hand use d.Improvements on the land e.land division f.envtoamentaf proter3lon This Exclusion dues not limit the coverage described in Covered Risk B.a.,14,15,16,18,19,20,23 or 27. 2. The failure of Your exWUng struchrres,or any part of them,to be aonstncted In accordance with applicable building coder, This Exclusion does not limit the'coverage desutbed In Covered Risk 14 or 15. 3. The right to take the Lard by condemning M This Exclusion does not limit the coverage described in Covered Risk 17. ( 4. Risks: a.that are cleated,alowed,or agreed to by You,whether or not they are recorded in the Public Records; b.that are Known to You at the Poky Date,but not b Us,uunless they are recorded in the Public Records at the polity Date; c.that result In no koss to You;or d. that fleet oear after the Poky Date-this does not ImR the coverage drsaibed in Covered Risk 7,8.e.,25,26,27 or 28. S. Failere bo pay value for Your Title. 6. Lack of a rtglst: a.to any land outside the area syaUlaly described and referee to In paragraph 3 of Schedule A;arid b.in sl i it ,allays,or waberways ttat touch the Land. This Exclusion does not Ink the coverage descabe'In Covered Rbk 11 or 21 LD4ITATIOMS ON COVERED RISKS Your insurance for the following Covered Risks Is limited on the Ownert Coverage Staterherd as follows:Covered Risk 16,18,19 and 21,Your Deductible Amount and Our Maxknum Dollar Um It of UabiUty shown In Schedule A.The deductible amounts and mmdmurn dollar limits shown on Schedule A are as ficib s: Your Deductible Amourht Our Mwdmum Dollar Unit of Uablkv Covered Risk 16: 1%of Pocky Amount or;5,000.00 (whichever Is less) $10,000.00 Covered Risk 18:1%of Polley Amount or$5,000.00(whhi hww is less) $25,000.00 Covered Risk 19:1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 21: 1%of Policy Amount or$2,500.00(whichever Is less) (,5AM.00 M THUW GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(1101/06) RrstAmedon Tide le i i i Order Number: SSB-3101731 (22) Page Number: 18 EXCLUSIONS FROM COVERAGE The folowYg rrhattds are expressly exududed from the coverage of this poky and the Company MR not pay loss or damage,costs,attorneys'fees or expenses which arise by reason oF. 1. (a)Any law,ordinance,per►nit,or governmental regulation(Incld se krg tho relating to build"and inning)restrictlrhg,regulathhg,prohibiting,or relating tD.(I)the occupancy,use,or eh)oyment of the Land;(11)the character,dimensloris,or location of any irnprovenrent erected on the land;(W)the subdivklon of lard;or(N)emit onmental protection;or the effect of any violation of these laws,ordinances,or goverrxnental regulations.This Exclusion 1(a)does not modNy or Writ the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. (b)Any govemmental police power.This Excision 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d), 14 or 16. 2. RIgh�S of ement in domain.This Exclusion does not nodal or Wit the coverage provided under Covered Risk 7 or 8. 1 3. Defects,ems,encumbrances,adverse claims,or other matters (a)created,suffered,assxned or agreed to by the Insured Claimant (b)not Known to the Company,not recorded In the Public Records at Date of poky,but Known to the Insured Claimant and not disclosed In wrnIV to the Company by the Insured Claknant prior m the date the Insured Claknant became an Insured under this poky; (c)rgultirg in no loss or damage to the Insured Claimant; (d)attaching or mated subsequent:to Date of Policy(however,this does not modify or IlmR the coverage provided under Covered Risk 11, 16,17,18,19,20,21,22,23,24,27 or 28);or (e)resulting in loss or damage which would not have been sustained H tdre Insured Clairnant had paid value for the insured Mortgage. 4. 6;ee onoeabillty of the go of the Insured Mortgage because of the hub"or failure of an Insured to comply with applicable doing business laws of the state where the land is situated. 5. Invalidity or wrenforaeabYity In whole or h part of the Iles of the insured Mortgage that arises out of the tram action evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or trutlr kNerhdng law.This Exclusion does not modify or Ikdt the coverage provided in Covered Risk 26. 6. Any dakn of Invalidity,unenforceabHilY or lack of priority of the pert of the Insured Mortgage as to Advances or modifications made after the Inrared has Knowledge that the vesbee shown in Schedule A is no longer the owner of the estate or Interest covered by this poky.This Bad uslon does not modify or,limit the coverage provided in Covered Risk 11. 7. Anyj lien on the Title for real estate taxes or assewwrts Imposed by governmen I autlhorRy and created or attachi g subseo�uxerht to Date of Poky.This Exclusion sion does not modal or NrnrR the coverage provided in Covered Risk 11(b)or 25. 8. The failure of the residential structure,or any portion of it;to have been constructed before,on or after Date of Polly In accordance with applicable building codes.This Exdksion does not modify or limit the coverage provided in Covered Risk 5 or 6. I&AMERICAN LAND Tr LE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The fbkwktg tiers are expressly excluded from the coverage of this poky,and the Company will not pay loss or darnage,costs,attorneys'fees,or expenses that arise by reason of 1. (a)JAM law,ordkhancce,Mgr*,or gove nffw hW regulation(including those relating to building and mnkg)rest ng,regulating, Prohid ,or to 0)the oawpancy,use,or errJoymerrt of the lard, (N)the dharakter,dknenslors,or location of any Improvement erected an the Land; (uD the subdivision of land;or 4 (Iv)environmental protection; or the effect of any violation of these laws,ordinances,,or governmental regulations.This Exducslon 1(a)does not modify or ikon the coverage provided under Covered Risk 5. (b)i Any governmental police power.This F Ausfon 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of erninerrt domakr.This f3rduslon does not modify or It it the coverage provided under Covered Risk 7 or S. 3. Defects,Ners,,encumbrances,adverse dalmrs,or other matters (a),created,suffered,assumed,or agreed to by the Insured CtairroM (b)not Known to the Company,not em HE in the Public Records at Date of Poky,but Known to the Insured Claknant and not disclosed In vvr"to the Company by the Insured Claimant prior to the date the Insured Clakrant became an Insured under this poky; (c)resuRkg In no test or damage to the Insured Claimant; (d)atidhkga or created subsequent to Date of Poky(however,this does not modiry or Nrrdt the coverage provided under Coveed Ris1k 11, 13,or 14);or (e)resulting in loss or damage that would not have been sustakhed if the Insured Claknartt had paid value for the insured Mortgage. 4. UnenforceabllRy,of the Nan of the Insured Mortgage becaw of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the land is 9t uated. 5. Irrvalkllty or una forombiNly In whale or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth kr lerxdkxg law. 6. Any claim,by reason of the operation of federal banla uptcy,state Insolvency,or similar creditors?rights laws,that the trarsacth creating the lien of the Insured Mortgage,is I firstkywican Title 32 'Order Number: SSB-3101731 (22) Page Number: 19 (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason rat staled In.Covered Risk 13(b)of this policy. 7. Any lien on the Title far real estate taxes or assessments Imposed by goverrxnental authority and created or attaching between Date of Poky and the date of recording of the Lhsured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provkied under Coveted Risk 11(b). 14.AMERICAN LAND TITLE A.SSOC ailciN LOAN POLICY 2m WITH REGIONAL EXCEPTIONS when the An ican Land Title Association policy Is used as a Standard Coverage Poky and not as an Extended Coverage Poky the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear In the policy. SCHEDULE S This policy does not kas against loss or darnage(and the Company will not pay costs,attorneys'fees or expenses)which arise by mason*. 1. (a)Taxes or assessments that are not shown as existMp Hens by the records of any taA g authority that levies or assessrnenls on real property ar by the Public Records;(b)proceedi gs by a pubic agency that may result In taxes or asaessrruP fs,or ratios of Such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any fads,rights,tnberests,or cialrrs that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be assuxted by persons In possession of the Land. 3. Faserruents,liens or encumbrances,or darns thereof,not shown by the Public Records, 4. Any encroachment,encumbrance,violation,variation,or adverse ciraunsbnae affecting the Title that would be disclosed by an accurate and complete land survey of the Laird and not shown by the Pubic Records. 5. (a)Unpatermd mining dalms,(b)reservations or exceptions in pal P Is or In Ads authorizing the Issuance thereof;(c)water rights,dakns or title to water,whether or not the matters errxpbed under(a),(b),or(c)are shown by the Pubic Records. 15.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 EXCLUSIONS FROM COVERAGE 1 ' The following matters are expressly excluded from the coverage of this policy and the Company will rat pay lass or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a)Any law,ordinance,pern L%or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (1)the occupancy,use,or&*Wment of the land; (i)the character,ter,dimensions,or location of any improvement erected on the Land; (Iiq the Subdivision of land;or (iv)environmental protection;or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered RBIs S. (b)Any goretmhental police power.This Exclusion 1(b)does not modMy or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,Nets,encumbrances,adverse chins,or other matters (a)emoted,suffeed,assumed,or agreed to by the Insured Claimant (b)not Known to the Company,not recorded in the Pubic Records at Date of Policy,but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Dwred Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Clalmani; (d)attaching or created subsequent to Date of Poky(however,this does not madly or limit the coverage provided under Covered Risks 9 and 10);or (e)resulting In loss or damage that would not have been suntairned If the Insured Ciatrant had paid value for the Title. 4. Any daim,by reason of the operation of federal banlvuptcy,slate Insolvency,or similar creditors?rights laws,that the transaction vesting the Tile as shown in Schedule A,Is (a)a kauduknt conveyance or fFaudulert transfer,or (b)a preferential transfer for any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the Trde for real estate taxes or assessrnents imposed by governinental authority and created or attaching between Date of Poky and the date of reca Irg of the deed or other IrW met of transfer In the Pubic Records that vests Title as shown in Schedule A. 16.A14ERICAN LAND TIRE ASSOCIATION OWNER'S POLICY-2006- W1TH REGIONAL EXCEPTIONS First American Tit/e 33 I whenl the American Land Title Association policy Is used as a Standard Coverage Polley and not as an Extended Coverage Policy the exclusions set W h in paragraph 15 above are used and the following exceptions to coverage appear In the policy. SCHEDUL!S This policy does not k>are against loss or damage(and the Company wig not pay costs,attorneys'fees or expenses)which arise by reason Of. 1. (a)Taxes or assessments that are not shown as existing lies by the records of any taxing authority that levies taxes or assessments on real property or by the Pubic Records;(b)proceedings by a public agency tort may result In taxes or a9 S 0 S 4 rents,cur notices of such pmceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facia,rVAr,,ihterPit; or claims tort are not shown by the Pubic Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons In possesslon of the Land. 3. Easements Ikns or encumbrances,or claims thereof,not shown by the Pubic Records. 4. Any encroacivnent,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and 6ornple0e land survey of the land and not shown by the Public Records. S. (a)Unpaterrted miring clams,(b)reservations or exceptions In patents or in Acts authort:ing the Issuance thereof,(c)water rights,clakm or title to water,whether or not the matters erooepted under(a),(b),or(c)are shown by the Public Records. I l I I 1 i I ArstAmaican Title 34 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain Information. We understand that you may be concerned about what we will do with such information— particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govem the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of Its source. First American calls these guidelines its Fair.Infon hfon Values a copy of which can be found on our website at Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and In other communications to us, whether In writing, in person, by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others, and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or(2)as permitted by law. We may, however, store such Iftnrmation indefinitely, including the period after which any custonmer relationship has ceased Such information may be used for any internal purpose, such as quality wntrol efforts or customer analysis. We may also pravWe all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title Insurers property and casualty Insurers, and trust and investment advisory companies or companies Involved In real estate services, su& as appraisal companies, home warranty companies,and escrow companies. k therrnore,we may also provide all the lnfommation we collect, as des above, to companies that perform marketing services be on our behalf, on behalf of our affiliated companies, or to other financial Institutions with whore we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our custormer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and in accordance with this Privacy Policy and First American's Fa/r Inlbmxabron icaAAm We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ®2001 The First American Corporation •All Rights Reserved 35 Pin. East Riverside Land Company, M.B. 6/44 city of Colton 1167 - 12 T MIS eer a roe TM[ ruveu city of Grand Terrace ®[ ►0 Ye►oe[u lu.Ta6 66[T. Tax Rate Area 2009 16001 {.. , Ai,�, _ I,I66 1[6T II - J ^ u.a nr.0 1 s6. I I ; j j 1 Par. 1 - � Plm. i lab .c. Pln.� 11.64 ALI - 7 PTa. 7 ji~ � (6.l0 .e.) 'ti•� 62 + Par. 2.51 At. OS j �j 1.66 ee. MUM ON ,�j ',••/ ' .L 16e 60. 05 ^f f i r i ^� .y :jam Par. 3 >< �. f _ 11 06 ► � _ / o ' 1 1 jj •� [ sue!~ 135 • 13 ! NOV 6 aw 1[YiS[1 1-2-I6 6[ Asaessor's Map Pin. NAA 4, Sec. 5 Book 1167 Page 12 Percel Mop No. 6155. P.Y. 71/3-5 T.2S., R.4WW. San Bernardino County TUNE 1996 - ._. -_ W 1 CALIFORNIA Staff Report Finance Department . _ CRA ITEM O COUNCIL ITEM(X) MEETING DATE:July 14,2009 To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: FY 2009-10 Appropriations Limitation FUNDING REQUIRED NO FUNDING REQUIRED XXX BACKGROUND: Article XIII-B of the California Constitution was adopted as Proposition 4 in the November 1979 General Election. Proposition 4 established an appropriations limit from �. proceeds of taxes for each governmental entity in the State of California. The appropriations limit is unique to each governmental entity and must be determined annually. Redevelopment is not subject to appropriations limit. The intent is to provide certain limitations and controls on government spending at all levels of government in.the State, but these.restrictions are intended by legislature to be applied in a reasonable and practical manner so as to allow some flexibility to meet constantly changing conditions and needs of the citizens for governmental services. The appropriation limit of the City is the "proceeds from taxes", as defined, adjusted annually by changes to the population, cost of living, or nonresidential new construction.' The Department of Finance shall notify each local agency, no later than May Ist of each year, of the change in cost of living or change in California per capita personal income, whichever is less, and the population for each local agency for the prior calendar year. Proposition 111, passed in June 1990,made several changes to the method to be:used in calculating the limit. These changes allow that the Population Factor may be the change in population of the City or the change in population of the County. I have-included a copy of the State Department of Finance list of population changes for the County and cities therein. Proposition I I I also changed the Price Factor to be a choice of the change in California per capita income or the change in the local assessment roll due to the addition of local nonresidential new construction. COUNCIL AGENDA ITEIVI,NO.,?�_ 1 2 Appropriations Limit I The appropriations limit can be adjusted at a later date. Council must make their selection annually on each option by recorded vote. Redevelopment appropriations are not subject to the Appropriations Limit. INFORMATION At present, an appropriation cushion of$7,053,173 exists before the limitation would impact the City. This is an increase of 13.6% from last year. Accompanying this staff report is the Appropriations Limit Resolution calculations for thkity of Grand Terrace with supporting documentation. AVAILABLE FACTORS: FY 2009 - 2010 A Per Capita Personal Income Change (California) 0.62% B % Change in Local Nonresidential Construction N/A C Population Change for Grand Terrace (DOF) 0.15% D Population Change for San Bernardino County 0.79% SELECTED FACTORS USED j A) %Change in Per Capita Personal Income 1.0062 (Expressed as a Ratio) D) Population Change for San Bernardino County (Expressed as a Ratio) 1.0079 CALCULATION FACTOR FOR FY 2009-2010 1.0141 1.0062 X 1.0079 i FY 2009-10 APPROPRIATION LIMIT CALCULATION Prior Year (FY 2008-09) Appropriation Limit $ 9,753,238 Multiplied by Allowable Increase Factor X 1.0141 New APPROPRIATION LIMIT MAXIMUM FY 2009 -2010 APPROPRIATION LIMIT (SCH 1) IS 9,890,759 AMOUNT OF APPROPRIATIONS SUBJECT TO LIMITATION FY 2009-2010 estimated Proceeds from Taxes (SCH 2) $ 2,700,065 AMOUNT UNDER(OVER) APPROPRIATIONS LIMIT $ 7,190,694 ';J']'-f; AO&.30AJ10OUO3 3 Appropriations Limit FISCAL IMPACT: None. Staff Recommends that Council: 1) SELECT THE CHANGE IN PER CAPITA PERSONAL INCOME FOR FISCAL YEAR 2009-2010 OF 0.62% FOR APPROPRL4 TION LIMIT CALCULATIONS. 2) SELECT THE POPULATION CHANGE FOR SAN.BERNARDINO COUNTY FOR FISCAL YEAR 2009-2010 OF 0.15%FOR APPROPRIATIONLIMIT CALCULATIONS. 3) ADOPT RESOLUTION ESTABLISHING THE FY 2009-2010 APPR OPRL4 TION LIMIT FOR THE CITY OF GRAND TERRA CEAT $ 9,890,759 i Enclosures: 1) DOF Price Populations Statistics 2) Resolution 2009- 3 i f RESOLUTION NO. 2009-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING THE FISCAL YEAR 2009-10 AP PROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE STATE CONSTITUION AS REQUIRED BY CALIFORNIA CODE SECTION 7910 WHEREAS,Article XIII-B of the California Constitution require that an Ap ropriations Limit be determined and established annually of each governmental entity with the State of California; NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council of the City of Grand hereby establishes the Fiscal Year 2009-10 Appropriations Limit pursuant to Article XIII-B of the State Constitution as required by California Government Code Section 7910. Section 2. That the limits determined in Exhibit"A" attached hereto and incorporated herein by reference is the established limit for Fiscal Year 2009-10. Section 3. That the City of Grand Terrace, as shown in Exhibit"A",has complied with the limit imposed on appropriations and that all proceeds of taxes were appropriated for fiscal year 2009-10. PASSED,APPROVED AND ADOPTED this 141h day of July 2009. ATTEST: City Clerk of the City of Grand Mayor of the City of Grand Terrace Terrace and of the City Council thereof and the City Council thereof I 4 RESOLUTION NO. 2009- EXHIBIT A SCHEDULE 1 City of Grand'Terrace Appropriations Limit Calculation FY 2009-10 (�! A. Appropriations Limit from prior year—FY 2008-09 $9,753,238 X B. Factors Selected for Calculations 1) % Change in Per Capita Personal Income 1.0062 (Expressed as a Ratio) 2) Population Change for San Bernardino County - 1.0079 (Expressed as a Ratio) Maximum Permitted Growth Rate %per Proposition 111 (1.0062 X 1.0079) 1.0141 C. New Appropriations Limit for - FY 2009-10 $9,890,759 ($9,753,238 X 1.0141) 5 i I I I RESOLUTION NO. 2009-_ EXHIBIT A SCHEDULE 2 j City of Grand Terrace Calculation of Proceeds from Taxes j BUDGETED REVENUES FY 2009-10 Proceeds Non-Proceeds Total From Other than Taxes - Taxes (Fees,etc) P!roperty Taxes 1,451,900 Homeowner's Property Tax Relief 4.675 Real Property Transfer Tax 24,925 Stales Taxes(Incl In-Lieu) 930,845 Franchise Fees 432,500 Business Licenses 91,000 Do Licenses 18,000 Child Care Fees 1,042,017 Planning Fees 22,900 Engineering and Building Fees 134,730 Interest(allocated 49%/51%) 29,645 30,855 Motor Vehicle in Lieu 56,060 Rent of City Facilities 38,000 Capitalized Lease 600,000 Misc.Non Tax(from Sch 3) 313,122 County Article 19 Revenue 59,500 Total General Fund 2,589,050 2,691,624 5,280,674 Street Fund Fees and Interest 1,003,082 Storm Drain Fund—Fees and Interest 31,800 Park Fund -Fees and Interest 13,965 AB3229 COPS Grant 298,418 Air Quality Fund-DMV Fee 15,730 subvention Gas Tax Fund(A)& Interest 356,765 Traffic Safety Fund—Court Fines 66,400 Facilities Fund 23,000 Measure"I"Fund(B) 380,500 Waste Water Fund—User fees and 1,552,800 interest Lighting Landscape Maintenance— 14,335 Assessments Bike Lane Project 200,000 Street Ca ital Projects 327,500 ;Barton Bride Project 580,000 !TOTAL 2,589,050 7,555,919 10,144,969 i (AI)Exemption under$0.09/Gallon; cities receive approx. .0339/Gallon from Gas Tax (B;) Exempted from calculation �I I I I I I 6 RESOLUTION NO. 2009- EXHIBIT A SCHEDULE 3 City of Grand Terrace Calculation of Proceeds from Taxes MISC NON-TAX ITEMS BUDGETED REVENUES FY 2009-10 YARD AND GARAGE SALE 1,000 SIGN PLACEMENT PERMITS 770 CANDIDATE STATEMENT FEES 1,000 MISC PERMITS 400 EMERGENCY ASST GRANT 4,177 HOME OCCUPATION PERMITS 1,000 HOUSEHOLD HAZARDOUS WASTE 8,650 RENTAL INSPECTION FEES 69,000 ANIMAL SHELTER FEES 2,250 RECREATION FEES 11,300 SALE OF MAPS AND PUBS 500 RETURNED CHECK FEES 100 PARK LIGHT&USE FEES 2,500 MISC REVENUE 24,000 INSURANCE REFUNDS 0 FINES&PARKING CITES 30,750 SALE OF PROPERTY 0 LOAN FROM CRA 155,725 Total Misc-Non Tax—(To Sch 2) 313,122 7 J STAFF REPORT CRA ITEM ( X ) COUNCIL ITEM ( X ) MEETING DATE: July'14, 2009 FUNDING REQUIRED: ( ) NO FUNDING REQUIRED ( X) SUBJECT: RIGHT-OF-WAY LANDSCAPING IMPROVEMENTS ON GRAND TERRACE ROAD, BETWEEN BARTON ROAD AND VIVIENDA AVENUE RECOMMENDATION: Authorize staff to design and obtain public bids for the recommended project, to be funded by the Redevelopment Agency Background: On April 18, 2009, staff met with residents of the Grand Terrace-Vivienda neighborhood to discuss the Spring 2009 Neighborhood Revitalization Project that was later held on June 6, 2009. Residents of the-neighborhood expressed several concerns,, which staff has previously shared with the Agency and prioritized. One of the requests was that the City improve the unsightly condition of the right-of-way areas along the western and southern borders of the Grand Terrace Mobile Home Park located on the northeast corner of Barton and Grand Terrace Roads. The area consists 'of a 13 feet wide by 1,200 feet long public right-of-way that is currently devoid of landscaping. It is a primary concern of the residents because it is-a very unattractive entrance to the neighborhood, along with the poor street conditions. Staff has evaluated several low-cost and low-water landscaping. options with the City Engineer and Maintenance Crew. Staff also has negotiated a partnership with the owner of the Grand Terrace Mobile Home Park to maintain and water the improved area after installation. The irrigation will be connected to the park's water meters, and the owner will pay the costs of irrigation. In addition, they will perform regular maintenance. If the Council and Agency Board concur with the staff recommendations, a formal agreement with be prepared and signed before the project is designed. A letter of intent from the owner's representative is attached to this report (Attachment 1). Engineering costs for the project would be approximately $14,600. This work would include preparation of plans and specifications for project bidding and construction management. The City contracts with Willdan Engineering to perform work such as this, as the City Engineer. However, these estimated costs are not currently included in the City's FY 2009-10 budget. Staff recommends that the Agency fund the project with its 80% capital project funds. COUNCIL AGENDA ITEM NO.`�L 1 i The construction costs have been estimated by the City Engineer in the range of $60,000-$65,000. The scope of work would include grading, installation of a weed resistant surface, appropriate low-water plants and trees, and an irrigation system. This project is proposed to build upon the City's positive image by improving our neighborhood entrances. The cooperation offered by the Grand Terrace Mobile Home Park is a community partnership opportunity that would limit the City's maintenance costs and improve relationships within the neighborhood. Staff is continuing to evaluate the best options for reconstructing Grand Terrace Road in this area, through discussions with Riverside Public Utilities. Although they are required to repair the damage caused by their water line project, there were poor conditions pre-existing that must be properly evaluated before adding a new layer of slurry that may only last up to four years. Staff would return to the City Council and the Agency for bid award and a formal budget approprriation. The goal is to complete the design and bidding during the summer months, and to begin installation in October or November. Recommendations: 1. Direct staff and the City Attorney to .prepare a maintenance agreement with Grand Terrace Mobile Home Park, .and authorize the Mayor/Agency Chairperson to execute the agreement. 2. Direct staff to complete the project design and bid specifications. 3. Direct staff to publicly bid the project and return for authorization to award the bid. 1 Fiscal Impact: The total cost for design and installation of the proposed project is estimated to be about $74,600-79,600, which may be funded by the Redevelopment Agency. After meeting all currently budgeted obligations, the Agency has approximately $4.64 million available for property acquisition and capital projects. Anac ment: 1. Letter from the Grand Terrace Mobile Home Park representative I I Grand Terrace MHP 21845 Grand Terrace Road Grand Terrace, CA i (909)514-0104 7/8/09 I a On behalf of the management and owners of Grand Terrace MHP,we look forward to a long term partnership with the city of Grand Terrace by supplying water service and cost ' of water for the drip irrigation system proposed by Joyce Powers.We-pledge our additional support by having our groundskeepers monitor and maintain the foliage that may be planted adjacent to GTMHP property line. If we can assist in auy other way we look f and to discussing the matter soon. j I I Rick Bloom Westland Industries Mobile Home Park Operations Manager i (310) 863-7686 i Rick(cr�,westlandindustries.com I I I I 3 COMMUNITY EMERGENCY RESPONSE TEAMRECEIVEE MINUTES JUN 2 ct 2009 MAY 512009 CITY OF GRAND TERRA CITY CIERK'8 DEP4RT04 C Members present: Matt Wirz, Vic Pfennighausen, Jim Stamm, Mil Herman, Barbara Smeltzer, Adele Urrea, 'Bernie Urrea, Larry Boutcher, Lew Neeb, Hanni Bennett, Ingrid Clark, Joyce Wildenauer, Andrew Anaya, Ken Smith, Bill Fenn, Joe Ramos, Thomas Schwab, Sandra Luckman, Doug Von Kriegelstein, Peggy Witt, Oscar Santana, Randy Halseth, Jeff Allen, Debra Hurst. Members absent: Dragos, Barbu, Steve Berry, Shannon Bryant, Mike Mullins, Glenn Nichols, Barrie Owens, David Ortiz, Bernard Ojeda, Helen Ramos, Phil Spisak, Susan Taylor, Joanne Thoring, Jim Vert, Lee Ann Garcia, Cliff Homan, James Monroe, Margie Miller, Terrilee Robb, Lynette Saniford,_Monique Stanckiewitz, Walt Stanckiewitz. Meeting was called to order by Randy Halseth at 7:10 pm. (--,Flag salute was given. Approval of Agenda by members present. Approval of Minutes for April 7, 2009 by members present. Treasurers report: Ending combined balance as of 5/5/09 is $4,143.60 as presented by Oscar Santana. Training will be held in June for Search and Rescue. Fundraising - Final preparations are being done on DVD to present to local organizations requesting funds for CERT. Old Business: The new CERT members have been sworn in. The EOC activation was held on April 22, 2009. The exercise proceeded very well. There was good communication between the EOC and CERT. CERT T- shirts are on sale for $10.00 each. COUNCIL AGENDA ITEM NO.w 1 I I I I I I New Business: The Search and Rescue training is scheduled for June 6, 2009. More information will be distributed at the June meeting. We will be participating at Highgrove Days on May 99 2009. Trailer will be set up the previous night. Handouts will be available to distribute. Doug Von Kriegelstein is working on getting a ham radio class set up for our members. Oscar Santana, Randy Halseth and Jeff Allen are preparing a list of items still needed for the trailer. There being no further business to discuss, meeting was adjourned at 8:00 pm Debra Hurst Secretary NEXT MEETING JUNE 2, 2009 7:00 PM CITY HALL I I I I I I I I i i I I i Historical & Cultural Activities Committee RECEIVED Minutes for June 2, 2009 JUN 2 � 2009 The meeting was called to order by Chairman Pauline Grant. Those pre-CITY OF GRAND TERRACE sent were Pauline Grant, Gloria Ybarra, City Clerk Brenda Mesa, Franc&@T'Y CLERK'S DEPARTMENT Carter, Shelly Rosenkild, Masako Gifford and Ann Petta. Secretary's Report: The minutes for May 3, 2009 were read. The com- mittee wishes to clarify that volunteers included Phil Spisak and Joe Mc Iver. After clarification, the minutes were approved on a motion by !� Ann, seconded by Shelly. All in favor. Motion carried. Treasurer's Report: The budget shows a balance of$960.41. The Petty Cash balance is $51.39. (attached is the Expenditure Status Report). Historical Report: On May 6, 2009, committee member Colleen Edmund- son passed away. She was appointed to the Historical & Cultural Activi- ties Committee in June 1991 where she was active continuously for 18 years. Colleen served as Treasurer keeping track of money spent through the city budget as well as proceeds from the Annual Country Fair. She was a tireless worker who was also responsible for the many supplies used in the Annual Art Show, Country Fair and Anniversary Potluck Din- ner. Colleen was a resident of Grand Terrace for over 39 years, was an accomplished painter and was named Volunteer of the Year by the City of Grand Terrace. She is survived by her husband Rex, extended family and her favorite cat, Sir Lance. Colleen had grace, charm, elegance and a quick wit which delighted the committee. She is gone, but will not soon be forgotten. For historical purposes, Ann contributed the memorial program for Colleen's funeral service, her magnetic name tag and the "Grand Terrace City News" newspaper which featured an article and picture in memory of Colleen. The same newspaper also featured pictures and a congratulatory article on the "Women of Distinction"honorees. For each of the past five years, Assem- blyman Bill Emmerson, R-Rancho Cucamonga, has recognized 68 outstand- ing Inland Empire women for their work and dedication to their communities. This year's list of honorees includes committee member Frances Carter. Other honorees from Grand Terrace are Bobbie Forbes, Freddie Harris and Lee Ann Garcia. The committee wishes to congratulate Frances and the other honorees who have gone above and beyond the call of duty to help others and have made such a positive impact in our community. Old Business: Art Show The committee viewed the Art Show photographs taken by Shelly which will be included in the thank you notes to be sent to each artist. COUNCIL AGENDA ITEM NO. rv:11� .,, 1 i i i I i I I Frances compiled a list of names of local businesses which will be used as future reference in the delivery of the Art Show/Country Fair posters. Update on Banners for Art Show/Country Fair: Shelly will further research the banners and report her findings to the committee. She will also put to- gether a mock-up of a banner for the committee to view. Ne Business: 28th Annual Count Fair, Saturday, November 7, 2009 Country Y Shelly-will tend to the advertisements of the Fair, ie cable, newspapers,etc. and the applications. Further discussion to follow at the next meeting. At the next meeting, the committee will also discuss the scheduling of the Lion Club building for November. The committee unanimously selected fellow committee member Masako Gifford to be the next Treasurer on a motion by Frances, seconded by Ann. All in favor. Motion carried. At a later date, the committee will be selecting an addtional committee mem- ber� The meeting was adjourned at 8:30 p.m. The next committee meeting is sched- uled for July 6, 2009. Re pectfully Submitted, I Gloria Ybarra Secretary V NI�� i 14i.. �"' i,�,'A jI c.,,0Ua-1 t expstat.rpt Expenditure Status Report Page: 1 06/01/2009 4:26PM CITY OF GRAND TERRACE Periods:0 through 13 7/1/2008 through 6/3012009 10 GENERAL FUND 804 HISTORICAL/CULTURAL COMMITTEE Adjusted Year-to-date Year-to-date Prct Account Number Appropriation Expenditures Expenditures Encumbrances Balance Used 804-210-000-000 OFFICE EXPENSE 300.00 27.28 27.28 0.00 - 272.72 9.09 804-220-000-000 SPECIAL DEPARTMENTAL EXPENSE 900.00 212.31 212.31 0.00 687.69 23.59 Total GENERAL FUND 1,200.00 239.59 239.59 0.00 960.41 19.97 Grand Total 1.200.00 239.59 239.59 0.00 960.41 19.97 Page. 1 w RECEIVED CITY OF GRAND TERRACE JUL 0 L 2009 EMERGENCY OPERATIONS COMMITTEE Regular Meeting CITY OF GRAND TERRACE MINUTES CITY CLERK'S DEPARTMENT June 2, 2009 The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by Chairperson, Vic Pfennighausen at 6:02 p.m. Agendas were distributed. MEMBERS PRESENT—Vic Pfennighausen, Susan Taylor, Glenn Nichols, Debra Hurst, Jim Vert, Lew Neeb and JoAnn Johnson. MEMBERS ABSENT—Randy Halseth, Oscar Santana and Hanni Bennett. CITY STAFF—Matt Wirz GUESTS PRESENT/INTRODUCTIONS—None. CORRESPONDANCE/COMMUNICATIONS—None. APPROVAL OF AGENDA with motion by Debra Hurst and second by Lew Neeb. APPROVAL OF MINUTES OF MAY 5, 2009 with motion by Debra Hurst and second by Susan _ Taylor. LIAISON REPORT by Matt Wirz. a. Matt reported that Vic had been working hard on the 1640 Frequency Travelers Radio. Putting everything together. b. Have not received the license yet and it may take a month or so. c. This is strictly an emergency radio and there can be no music, soliciting in any form and no advertising of specific events, such as Senior Activities, etc. d. Functions on an endless loop. Voices are more distinct if you have a male and female alternating when speaking. e. The antenna will go on top of City Hall and the housing box will be in the Community Room. f. Still looking into magnetic mail out cards for bringing the station to the attention of residents. g. Individual groups have decided that there will be a small fair and car show on September 121h at Rollins Park. Beginning with Pancake Breakfast at Fire Station, small fair, car show and ending with a concert in the park from 6:30 to 9:30. h. On June 26`h there will be a movie in Rollins Park with free popcorn and gifts for children. Foundation of Grand Terrace and possibly Friends of Blue Mountain are sponsoring this event. COUNCIL AGENDA ITEM NO. 1 i i f I EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Food has been purchased for the emergency supply. Some is stored in the Community Room and some in the EOC. b. New cartridge has been purchased for Fax Machine and for Copy Machine. c. Had a time getting all the Travelers Radio items tracked down, but all are collected now the radio is pretty much ready to be used. Matt will probably be in charge of programming i the radio. d. Lap Top has a new battery and is working very well. UNFINISHED BUSINESS a. Budget for EOC for 2009-2010 is $5000. CERT has the same amount in budget. NEW USINESS a. Debra Hurst reported that CERT participated in Highgrove Day. b. CERT will have an exercise this Saturday Evening here at the EOC for search and rescue. (c. Have been selling T-Shirts and will talk about hats at tonight's meeting. 'd. Will also try to set up a class for Amateur Radio for some of the CERT members. le. Matt reports that the gate code to the EOC building will be changed and that no vehicles bother than city vehicles will be parking inside the gate. TRAINING/SPEAKERS ADJOURNMENT at 6:53 p.m. /JoAnn J.Qh'rison, Secretary NEXT MEETING WILL BE TUESDAY, JULY 7, 2009 AT 6 P.M. e STAFF REPORT CRA () COUNCIL ITEM (X) MEETING DATE: July 14, 2009 SUBJECT: 2009-2010 ANNUAL REVIEW OF LANDSCAPE AND LIGHTING DISTRICT NO. 89-1 NO FUNDING REQUIRED X BACKGROUND: At the regular meeting of June 9,2009,City Council adopted a resolution ordering the preparation of plans, specification, cost estimates, diagrams, engineer's report and acceptance thereof for Landscape and Lighting District No. 89-1. This agenda item is for the purpose of conducting the public hearing and adoption ofthe resolution for the assessment levy. _. Staff has reviewed the expenditures for last fiscal year(2008-2009),based on our best estimate,the cost of operation and maintenance should approximately equal the assessments levied and collected. It is our estimate, that these costs and assessments should remain for the coming fiscal year (2009-2010). RECOMMENDATIONS: Staff recommends that the City Council; 1. Conduct the Public Hearing. 2. Adopt the attached Resolution for the Annual Assessment Levy. COUNCIL AGENDA ITEM NO. LL,14 1 I i LAW OFFICES OF HARPER & BURNS LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 453 S.GLASSELL STREET JOHN R.HARPER* ORANGE,CALIFORNIA 92866 RIVERSIDE/SAN BERNARDINO CO. ALAN R.BURNS (951) 674-0698 COLIN R.BURNS (714) 771-7728 OF COUNSEL FAX(714) 744-3350 JUDI A.CURTIN• MICHAEL MONTGOMERY• THOMAS W.ALLEN •A PROFESSIONAL CORPORATION June 1, 2009 Mr. Richard Shields, Director of Public Works J 1 CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92324 RE: CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 Dear Richard: Enclosed please find the following material relating to the annual levy for the above referenced District: 1. Order of Procedure; 2. Instruction Sheet (Annual Assessment Levy); 3. Resolution Confirming Assessment. The resolution should be adopted at the conclusion of the public hearing on July 14, 2009. After that meeting, I'd appreciate your sending me a conformed copy. If you have any questions, please let me know. Very truly yours, HARPE IIf BURNS LLP John RI. arpe , City Attorney c: Bre I da Mesa, City Clerk Enclosures) ORDER OF PROCEDURE CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 PUBLIC HEARING DATE: July 14, 2009 STAFF: Present ENGINEER'S REPORT, general discussion of LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 CITY COUNCIL: See attached INSTRUCTION SHEET- PUBLIC HEARING. Adopt RESOLUTION CONFIRMING ASSESSMENT 3 i INSTRUCTION SHEET - PUBLIC HEARING CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 PUBLIC HEARING AJORITY PROTEST: Any interested person may file a written protest with the City Clerk, Tsty, �ating the grounds for their objection. Said protest shall contain a description of the prope sufficient to identify said property. All interested persons shall be afforded the _ opportunity to be heard at the Public Hearing. If a written protests submitted, and not withdraYvn, constitute in excess of fifty (50%) percent of the total value of the assessment, the proceedings must be.abandoned. ASSESSMENT ROLL If there are to be no changes' or modifications in the individual assessment amounts, then the assessment roll as previously prepared should be confirmed. A copy of the confirmed assessment should be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. RESOLUTION CONFIRMING ASSESSMENT .The adoption of this Resolution constitutes the levy of the special assessment for the } fiscal year so referred to in the assessment. COUNTY AUDITOR Immediately after the adoption of the Resolution Confirming the Diagram and the Assessment, and no later than the August 10, 2009, the Clerk shall file a copy of the assessment diagram and the assessment, or a certified copy thereof, with the County Auditor. I would recommend that together with a copy of the diagram and assessment, a certified copy of the Resolution Confirming the Assessment be forwarded also. FISCAL YEAR The assessment, as levied for these proceedings, will relate to the fiscal year commencing July 1, 2009, and ending June 30, 2010. Note that an annual updating of the proceedings will be required for each subsequent fiscal year to accomplish the levy for the ensuing fiscal year. FUTURE PROCEEDINGS Be advised that it is necessary, each year, to update the Engineer's "Report" and approve said "Report" for the ensuing fiscal year. We should all probably mark our calendars for some time after the first of the year to begin the process. CHANGES AND MODIFICATIONS AT HEARING During the course of the Public Hearing, or upon the conclusion of said hearing, the legislative body may order changes in the improvements, the boundaries of the District, or any zones thereof. The legislative body may, without further notice, order the exclusion of territory from the District, but no property shall be added to said District except upon the following terms and conditions: a. Upon written request by a property owner for the inclusion of his property; b. Upon the legislative body declaring its intention to add additional property and directing that mailed notice be given to the property owners within the area proposed to be annexed. I would recommend that if any changes are to be considered, the matter be continued so that the proper documentation can be drafted. 5 RESOLUTION NO. f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CONFIRMING A,DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY FOR A LANDSCAPING AND STREET LIGHTING DISTRICT r WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a landscaping and street lighting district pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy Viand collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating thereto; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with the annual levy of assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF CITY OF GRAND TERRACE, CALIFORNIA AS FOLLOWS: SECTION 1. That the above-recitals are all true and correct. SECTION 2: That upon the conclusion of the Public Hearing, protests filed and not withdrawn, did not represent property owners being obligated for more than fifty percent (50%)�of the total assessments within the District. SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and orders the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. k SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Street Lighting Act of 1972", as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. SECTION 8. That the City Treasurer has previously established a special fund known as the SPECIAL FUND CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and including any surplus amounts in' those funds established for the existing Districts and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. PASSED,APPROVED AND ADOPTED this 14`h day of July, 2009. Mayor for the City of Grand Terrace ATTEST: City Clerk for the City of Grand Terrace 7 i i i i I I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Resolution,being Resolution No. was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on this 14ffi day of July, 2009, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXECUTED this 14`h day of July, 2009, at Grand Terrace, California. City Clerk for the City of Grand Terrace [SEAL] I I ' G I I I I c�TY RpMD TE Community Services Department Staff Report MEETING DATE: July 14,2009 CRA ITEM( ) COUNCIL ITEM (X) SUBJECT: COUNCIL TO CONSIDER GT $5 BLUE MOUNTAIN BUCKS FOR SMALL RETAIL/SERVICE BUSINESSES IN GRAND TERRACE (X) FUNDING REQUIRED BACKGROUND Back before the Federal Reserve Banking System,small towns across America would print their own money to be used by local businesses as currency. It was the true beginning of a"Shop Local"program. The City of Grand Terrace began randomly mailing$5 Bucks to residents in March 2009 with a congratulation letter and a listing of the participating restaurants. Additional mailings were sent to volunteers in the City and online/coupons in the Blue Mountain Outlook to residents who were interested in the program but did not receive a GT$5 Buck. The goal was for residents to take a friend and or family member to enjoy a meal in one of the 16 participating restaurants Grand Terrace. Everyone would benefit,the local restaurant might gain a new patron,the City gains sales taxes,and our shopping dollars stay local. Overall,928 GT$5 Bucks were distributed and 415 were redeemed at the participating GT restaurants. This is a 45%redemption rate considerably above the average of 2-5%for a mail campaign.The materials and reimbursement cost of the program to the City was$3,491. Staff has received many positive comments from thexestaurant owners on the program. Other cities have copied our program including the"Placentia Bucks"in Orange County. $5 GT Bucks Redemution Vendor Amount Food Connection $295.00 Red Barron Pizza $40.00 China Bowl $90.00 Tina's Mexican $90.00 Little Cesar's $255.00 Subway $205.00 Domino's Pizza $20.00 COUNCIL AGENDA ITEM NO. r. 1 i Miguiel's $ 545.00 Thai kitchen $95.00 Demetri's $305.00 Red Barron Pizza $ 135.00 - Total $ 2075.00 GT$5 Bucks For Small Businesses and Services Statt has received many requests from the small service and retail establishments in Grand Terrace asking for a similar program to help them through this difficult economy. Many of our residents do not shop locally and in many cases do not know of the variety of businesses and services there are in the City. i Staff has developed a program for such businesses and services(restaurants would not be included in this program)that have gross sales under$500,000 per year. GT$5 Buck Program Summary for Small Businesses and Services: • All"Bucks"are printed on high-technology anti-counterfeiting paper • The money cannot be used to purchase alcohol or Lottery Tickets and there can be no change if a purchase is under$5 • Only one GT Buck per person per visit • GT Bucks can be purchased at City Hall for$5 face value and given as gifts or as keepsakes • Only Participating GT businesses and services(gross sales under$500,000)that agree to the terms of the program will be allowed to accept the GT Bucks(see attached terms) • Businesses could include any licensed retail operation that serves Grand Terrace,services could include any business that offers services such as nail salons,haircuts, fitness training,etc... • The City of Grand Terrace will reimburse participating entities dollar per dollar • The program would be focused on residents signing up on the Internet and mailing/dropping off entries to City Hall to reduce postage costs. • Total program(materials,redemptions,mailing)cost is expected to be$2500 Program would end December 31,2009 RE,COMMENDATION: Staff is asking City Council to consider the GT$5 Bucks Program as described above for small businesses and services that have gross sales under$500,000 annually. Staff is requesting up to$2,500 for the program and the funds would come from the un-designated un- reserved General Fund Balance. I I r i . THE CITY OF GRAND TERRACE CLAIM FORM FOR REIMBURSEMENT OF GT BUCKS Please Print(Note: All information must be completed. Incomplete forms will result in non-payment.) Section I. General Information: Date: Name to Appear on Check: Address of Check Payment: Section II: Number of GT Bucks to be Redeemed: Total Amount for Reimbursement: Terms for the $5 GT Buck Program: • All `Bucks" are printed on high-technology anti-counterfeiting paper • The money cannot be used to purchase alcohol or Lottery Tickets and there can be no change if a purchase is under$5 • Only one GT Buck per person per visit • Only Participating GT businesses and services (gross sales under$500,000)that agree to the terms of the program will be allowed to accept the GT Bucks • Businesses could include any licensed retail operation that serves Grand Terrace, services could include any business that offers services such as nail salons, haircuts, fitness training, etc... • The City of Grand Terrace will reimburse participating entities dollar per dollar • The program would be focused on residents signing up on the Internet and mailing/dropping off entries to City Hall to reduce postage costs. • Program would end December 31, 2009 • All participating retail business and services must agree to the terms and can be voluntarily excluded from the program at any time • Checks to payee and address must be designated on the claim forms when mailing or presenting the GT Bucks to Community Services • Community Services will then review the claim form for verification and forward the paperwork to Finance for payment. • Finance will process a check to be mailed out each Tuesday for GT Bucks received up to the previous Thursday. • Businesses are welcomed to use the GT Bucks as change to a customer willing to accept the non-currency. 3 i i I I agree upon the terms of the $5 GT Bucks program and certify that incurred and paid expenses for which reimbursement is sought under the $5 GT Bucks program and that these expenses have been incurred during the planned time. Furthermore, I declare that I am requesting payment only for expenses that have not and will not be paid under any other benefit plan or program and that I have not or will not deduct these expenses on my individual Federal Tax Return. I authorize the City of Grand Terrace to reimburse the total amount requested for the designated time period. Signature: Date: Completing the Form: Fill out all sections of the form. Please print. Please sign and date completed form, certifying that all information is correct and all terms and terms have been followed. Please return your completed form to: City of Grand Terrace Community Services Department 22795 Barton Rd. Grand Terrace, Ca 92313 Keep copies for your own records. If you have any questions about completing this form or what to attach, please contact the Community Services Department at(909)430-2201. I I I I I I I I I I I 4 CITY RAND TER Community Services Department Staff Report MEETING DATE: July 14,2009 CRA ITEM( ) COUNCIL ITEM (X) SUBJECT: COUNCIL TO REVIEW 2009 COMMUNITY EVENTS REPORT AND COMMITEE RECOMMENDATIONS (X) FUNDING REQUIRED BACKGROUND CITY OF GRAND TERRACE 2009 COMMUNITY EVENTS REPORT The City of Grand Terrace hosted several meetings of the 2009 Community Events Committee beginning January,2009. The Community Events Committee comprised of Grand Terrace Non-Profit and youth sports organizations,discussed and reviewed past community events. Meeting attendees included representatives from the Chamber of Commerce,Grand Terrace Woman's Club,Mayor Ferre, Councilmember Lee Ann Garcia and City of Grand Terrace staff. After continuous discussion and review of the expenses associated with this event,the Community Events Committee recommended to Council,the postponement of Grand Terrace Days for 2009 due to the _ significant decrease in sponsorship revenue. In place of the Grand Terrace Days event,the Events Committee decided to return to the original concept of a Health and Safety Fair. The Fair would be held in place of the Grand Terrace Days event for 2009. The Council agreed with the Events Committee recommendations at the February 24,2009 Council Meeting. The following events were/are scheduled this year: Hike on Blue Mountain(March 15,2009) 2(two)Movies in the Park(June 26 and August 21,2009) 2(two)Concerts in the Park Halloween Haunt(October 30,2009) High School Groundbreaking Barton Square Groundbreaking Senior Center&Susan Petta Park Dedications Grand Terrace Market Night events The Events Committee will discuss the return of Grand Terrace Days for the 2010 calendar year. In April 2009,the City staff was approached by Grand Terrace resident Mr. Shad Boal. Mr. Boal presented an alternative to the postponement of the 2009 Grand Terrace Days. He was prepared to contribute$2,500 in cash in addition to electrical services(generators)to support a small scale event in place of Grand Terrace Days. Mr. Boal and his wife(Raina)also were prepared to find additional community volunteers to assist with the event. Mr. Boal presented his idea to the Events Committee,asking for support to coordinate and host the event. COUNCIL AGENDA ITEM NO. 1 i i it The]Events Committee discussed the possibility of hosting the event and reviewed all aspects including insurance, finances, scheduling,vendors, Kidzone, licenses,and entertainment. The Events Committee agreed to host the event with the following recommendations subject to approval by the Grand Terrace City Council: i • Cancel the Concerts in the Park and allocate$4,000 from Special Events Project account for the Grand Terrace Community Day Stage/activities. • Incorporate the Health&Safety Fair with the Community Day event. V/ • City will act as lead agency and host for event. • Event Coordination by City of Grand Terrace staff. • City will obtain Insurance for Festival/Fair activities • City staff will coordinate all activities prior to and during the event. Overtime cost to the City is expected to be approximately 50 hours. i The Grand Terrace Lion's Club has agreed to participate in the event by: • Hosting a car show on Terrace Hills Middle School field. • Obtaining insurance for all car show activities. • Coordinating all car show activities. • Obtaining the approved use from the CJUSD. The City of Grand Terrace will be responsible for: • Designing the car show flyer(GT Lion's Club will print flyers) • Providing the 2008 car show mailing list to the GT Lion's Club. The Grand Terrace Fire Station remodel is expected to be completed by September 4`h. The station is hosting the annual Pancake Breakfast on September 12th. Factors such as the official start of Fire Season 2069 and any construction delays could jeopardize the breakfast. Funding Staff developed program budgets to determine the level of sponsorships needed to successfully fund these events. Staff is continuing to raise these funds through sponsorships. Should the staff not be 100% successful,there are options(1)to approach the City for additional funding(2)to cancel/re-prioritize the events(3)further downsize the expenses of the events. Grand Terrace Community Day funds will be raised by direct solicitation for sponsorships. The Events Committee members will mail a sponsorship letter seeking funds from community business and residents. These funds will be used specifically for the Grand Terrace Community Day Event. The City of Grand Terrace will deposit these sponsorships in a trust account allocated specifically for the Community Day Event. City Finance Department has established a separate account for these funds. City Staff has applied to the State of California and was awarded$5,000 from the Department of Conservation funds for purchasing prizes made from recycled material for the KidZone games. Additional funds can also be used to set up"recycling,reducing and reusing"based games/activities at the KidZone. Tle Events Committee Members will be responsible for raising funds and in-kind donations for the Community Day event. i C.,V " . tJC):� I i 2 City will absorb staff costs including overtime costs related to hosting the event. RECOMMENDATION: Staff is asking City Council to approve the Special Events Committee's recommendations as proposed: • Cancel the Concerts in the Park and allocate$4,000 from Special Events Project account for the Grand Terrace Community Day Stage/activities. • Incorporate the Health&Safety Fair with the Community Day event. • City will act as lead agency and host for event. • Event Coordination by City of Grand Terrace staff. • City will obtain Insurance for Festival/Fair activities • City staff will coordinate all activities prior to and during the event. Overtime cost to the City is expected to be approximately 50 hours. Remaining events for 2009: Movie in the Park(August 21,2009) GT Community Day(September 12,2009) Halloween Haunt(October 30,2009) . 3 1 CALIFORNIA Staff Report Finance Department CRA ITEM O COUNCIL ITEM(X) MEETING DATE: July 14, 2009 To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: ANNUAL STATEMENT OF INVESTMENT POLICY FUNDING REQUIRED NO FUNDING REQUIRED XX BACKGROUND: Section 53646 of the Government Code requires that agencies present their investment policy annually to the governing body for review. DISCUSSION: Staff recommends a change in the investment policy under section 7.0 which would add a requirement that all selected broker dealers be approved by the agency board or the City Council. This would add an additional review to insure that only appropriate broker dealers are being used. FISCAL IMPACT: None by this action. RECOMMENDATION: Approve City Investment Policy. ATTACHMENTS: Revised City Investment Policy. COUNCIL AGENDA ITEM NO. 1 I I I i I I I I I CITY OF GRAND TERRACE INVESTMENT POLICY 1.0 POLIICY It is the policy of the CITY of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the CITY and conforming to all statutes governing the investment of CITY funds. f 2.0 SCOPE This investment policy applies to all financial assets of the ICITY. These funds are audited annually and accounted for in the Comprehensive Annual Report. Funds include the Capital Project Fund, Debt Service Fund and Low-Moderate Incime Housing Fund. 3.0 PRUDENCE Investments shall be made with judgment and care, under Circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with wri I tten procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility and/or liability for an individual security's credit risk or marxet price changes. 4.0 OBJECTIVE The primary objectives, in order of priority, of the investment activities shall be: 1. SAFETY: Safety of principal is the foremost objective of the investment program. Investments of the CITY shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio. 1 i I I e CITY OF GRAND TERRACE INVESTMENT POLICY 2. LIQUIDITY: The investment portfolio will remain sufficiently liquid to enable the CITY to meet all operating requirements which might be reasonably anticipated. 3. YIELD: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio. 5.0 DELEGATION OF AUTHORITY Authority to manage the investment of surplus funds is derived from California Government Code Section 53600, et seq., and this policy. Management of bond funds is controlled by Government Code 5922 (d) and such investments must conform to the requirements of the bond indenture. In some cases, it may be appropriate for investment of bond proceeds to cover a longer duration than those limits established for surplus (operating) funds. Management responsibility for the investment program is hereby delegated to the Treasurer, who shall establish procedures and operate the investment program consistent with this investment policy. Procedures may include, but not limited to, references to: safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate. Treasurer may delegate authority to subordinates for day to day investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer. 6.0 ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions. 7 3 I i I i i CITY OF GRAND TERRACE INVESTMENT POLICY 7.0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Agency will prohibit the utilization of outside investment advisors. The Treasurer may select any financial institution/ broker/dealer, selected by credit worthiness, who are authorized to provide investment services in the State of California. i No public deposit shall be made except in a qualified public depository as established by state laws. For broker/dealers oflgovernment securities and other investments, the Treasurer shall select only broker/dealers who are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the National Association of Securities Dealers. City Council Comment[bl]:ADDITION i - - - - 8.0 AUTHORIZED INVESTMENTS: The CITY of Grand Terrace is empowered by statute and authorized by Agency Board to invest in the following: A. U.S. TREASURY OBLIGATIONS (TREASURY BILLS, TREASURY NOTES) . B.I REPURCHASE AGREEMENTS. I C.ICERTIFICATES OF DEPOSIT WITH STATE BANKS, NATIONAL BANKS, STATE OR FEDERAL SAVINGS ASSOCIATIONS, STATE AND FEDERAL CREDIT UNIONS IN CALIFORNIA, that are fully insured by federal or State deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. D.1 NEGOTIABLE CERTIFICATES OF DEPOSIT, COLLATERALIZED WITH U.S. TREASURY OBLIGATIONS HAVING A MARKET VALUE OF 110%. The Treasurer may, at his discretion, waive security I for that portion of a deposit that already is covered by federal or State deposit insurance. i I i I i I I L CITY OF GRAND TERRACE INVESTMENT POLICY E. PASSBOOK SAVINGS ACCOUNTS PLACED WITH FEDERAL OR STATE BANKS OR CREDIT UNIONS, that are fully insured by federal or State deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. F. SECURITIES ISSUED BY FEDERAL AGENCIES. G. LOCAL AGENCY INVESTMENT FUND (LAIF) , Special fund of the State Treasury in which local agencies are allowed to pool their funds for investment purposes up to a maximum of $40 Million. LAIF will have its own investment policy that will differ from the CITY. H. MUTUAL FUNDS, issued by diversified management companies as defined by Section 23701m of the Revenue and Taxation Code, provided that the portfolio of such investment company or investment trust is limited to U.S. government obligations or agencies of the federal government and repurchase agreements fully collateralized by such securities. I. POOLS AND OTHER INVESTMENT STRUCTURES INCORPORATING INVESTMENTS PERMITTED IN CALIFORNIA GOVERNMENT CODE SECTIONS 53601 AND 53635, such as local government investment pools sponsored by counties and joint powers authorities. These entities may have their own investment policy that will differ from that of the CITY of the City of Grand Terrace. 9.0 COLLATERALIZATION: All certificates of deposit must be collateralized by U.S. Treasury obligations held by a third party. The Treasurer may waive this requirement up to the amount already insured by federal or State deposit insurance. 10. SAFEKEEPING AND CUSTODY: All securities purchased from broker/dealers shall be conducted on a delivery vs. payment (DVP) basis and 4 5 i I I I CITY OF GRAND TERRACE INVESTMENT POLICY shaL be held by a third party custodian designated by the Trelasurer and evidenced by safekeeping receipts. This would not Iapply to any book-entry direct purchases from the U.S. Government. 11. DIVIERSIFICATION: The, CITY will diversify its investments by security type andlinstitution. 12. INVESTMENT POLICY ADOPTION: I Thel Investment Policy shall be approved by Agency Board and adolpted by resolution of the CITY. This policy has been reviewed and approved by the City Council on June 10, 2008. I I i 5 � E' CITY OF GRAND TERRACE INVESTMENT POLICY 1 Adopted by Board 5/08/97 Amended 6/26/97 Amended 8/27/98 Adopted 9/10/98 Amended 1/25/00 Adopted 1/25/01 Adopted 2/14/02 Adopted 2/13/03 Amended 6/24/04 Adopted 6/9/05 Adopted 6/22/06 Adopted 6/12/07 Adopted 6/10/2008 Reviewed 7/14/09 t - 6 7 �ITy Al RpMD TER Community Services Department l Staff Report MEETING DATE: July 14,2009 CRA ITEM ( ) COUNCIL ITEM (X) SUBJECT: INFORMATION SIGN BOARD USE PROGRAM ( ) NO FUNDING REQUIRED BACKGROUND CITY OF GRAND TERRACE 2009 Sign Board Use Program The City of Grand Terrace monitors the use of the 3 community sign boards at the following locations: Mt. Vernon Ave.and Canal St.,Barton Rd.and Preston St.(West bound),and Barton Rd. and Preston(East bound). The Grand Terrace Historical and Cultural Activities Committee,oversees the boards on Barton and Preston and has given the City Permission to monitor the use of the Sign Boards with the understanding that any Historical and Cultural Activities Committee information is given priority to other groups/organizations. The Current process for using of the Community Boards is to call City Staff and request use which has resulted in some double bookings. Some groups have simply taken other banners down to post their own without permission. Staff has discussed creating procedure and policy for use of the Boards including rules and regulations on what,when,and where groups can advertise upcoming events.An application for use will be directed to the Community Services Department for review(Attachment A).This"Authorized Use"process will help to ensure that;there are no scheduling conflicts,groups will have an adequate capacity of advertising,as well as enable the city to regulate the process of posting and removing expired information. The Sign board Schedule will be based on a first come first serve basis once approved by the Community Services Director. The community sign are for the informational use of Grand Terrace based non-profit organizations and for the events pertaining to the City of Grand Terrace. Notices posted without permission of the City would be removed and stored at City hall for a minimum of one week. RECOMMENDATION: Staff is looking to City Council for direction to review the sign board use program recommendation proposed by staff. Determine if this program is practical in its nature and necessary to implement. COUNCIL AGENDA ITEM NO, 1 i I I c.irr . CITY OF GRAND TERRACE Community Services Department 22795 Barton Rd. Grand Terrace, Ca 92313 tel (909)430-2201 fax(909)783-2600 Website: www.cityofgrandterrace.org CITY OF GRAND TERRACE COMMUNITY SIGN BOARD APPLICATION (CORNER OF CANAL AND MT VERNON AVE CORNER OF BARTON RD AND PRESI-ON ST ) THE COMMUNITY SIGN AT THE ENTRANCE TO THE CITY OF GRAND TERRACE IS FOR THE INFORMATIONAL USE OF GRAND TERRACE BASED NON-PROFIT ORGANIZATIONS AND FOR EVENTS PERTAINING TO THE CITY OF GRAND TERRACE. OFFICIAL CITY EVENTS TAKE PRIORITY SECOND TO EVENTS BY THE HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE AT THE BARTON/PRESTON LOCATION ONLY. THIS FORM MUST BE SUBMITTED TO CITY HALL FOR APPROVAL AT LEAST 30 DAYS PRIOR TO THE DATE YOU WISH YOUR SIGN TO BE POSTED. THE SIGN BOARDS SHCEDULE IS BASED ON A FIRST COME FIRST SERVE BASIS ONCE APPROVED. IF NOT APPROVED, YOU WILL BE NOTIFIED BY PHONE OR LETTER. ALL MESSAGES WILL BE POSTED FOR A ONE WEEK PERIOD* (unless special circumstances require a longer period, and are approved and space is available) NOTE; NOTICES POSTED WITHOUT PERMISSION OF THE CITY OF GRAND TERRACE WILL BE REMOlED AND STORED AT CITY HALL FOR A MINIMUM OF ONE WEEK. NOTE: � I EACH ORGANIZATION MUST BRING IN THEIR OWN SIGN OR BANNER TO THE COMMUNITY SERVICES DEPARTMENT. LIMIT ONE BANNER/SIGN PER SIGN BOARD. PLEASE SPECIFY WHICH LOCATION YOUR ORGANIZATION WOULD LIKE THEIR BANNER/SIGN POSTED NOTE: THE MAXIMUM SIZE BANNER/ SIGN ALLOWED ARE 4'X8'. DEPTH MAY NOT EXCEED 1" PORPORTIONS MAY NOT EXCEED 1 TO 2; 1 BEING HEIGHT AND 2 BEING WIDTH. *Monday through Monday morning of the following week. Please fill out application and submit to, City of Grand Terrace Community Services 22795 Barton Rd Grand Terrace, Ca 92313 4 2 COMMUNITY SIGN BOARD APPLICATION Name Title Organization Address City State Phone Number Posting Date Requested #of weeks to keep posted Is this organization a licensed ❑ Yes ❑ No non-profit? Will this event raise funds for ❑ Yes ❑ No the Organization? Please describe how these funds will benefit the Community at-large: Is this event open to the ❑ Yes ❑ No public? Will there be an admission ❑ Yes ❑ No charge? If Yes, how much is the radmission charge? Please select all locations ❑ Mt. Vernon Ave. I Canal St. applicable to you banners/ ❑ Barton Rd. (East bound) / Preston St. Sign ❑ Barton Rd. (West bound) / Preston St. * Length of time greater than one week needs special approval. Please list reason for request below: AUTHORIZATION: IF APPLICABLE,. REASON FOR DISAPPROVAL: 3 STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: July 14, 2009 SUBJECT: Accept Resignation of Planning Commissioner Phelps, set the deadline for applications and schedule a meeting date to conduct interviews and possible appointment Planning Commissioner Brian Phelps has submitted a letter of resignation from the Planning Commission effective immediately. This resignation creates an unscheduled vacancy on the Planning Commission, with the term to expire on June 30, 2010. Planning Commissioners are appointed by the City Council. Council needs to consider applicants to fill the vacancy. Staff Recommends Council: 1. Authorize the City Clerk to post the vacancy and accept applications. 2. Set a deadline to receive Planning Commission Applications for August 17, 2009. 3. Schedule the meeting date to conduct interviews on August 25,2009 to select an individual to fill the current vacancy. COUNCIL AGENDA ITEM NO. 1 I I I I I i Ma)or Maryetta Ferre, It is with a heavy heart that I must offer you my resignation from the Planning _ Commission. It has been an honor to have served my city in this capacity. I greatly appreciate all the advice and support I have received over the last few years from you and all of the city staff. The reason for my resignation is that I am moving to the La Verne or Sanl Dimas area to put my daughter in a better high school and to allow my wife to be closer to her family. My daughter would have attended my Alma matter Colton High but my;wife and I feel she will have a greater number of opportunities at Bonita High or San Dimas High. I will miss being involved in this city and I will miss all the wonderful people I have come to know. i I know I am leaving the city in the hands of some very capable and wonderful hands. I regret not being able to accomplish all of the goals I had planned for the city and its community. I will be leaving a list of those goals with Joyce Powers so that maybe some of them can still be achieved. With all of the guidance, experience and support I have been given I have the confidence to seek a position or maybe even a council seat in the'city of my new residence. I will always consider Grand Terrace to be "My H Ometown". Thank you for believing in me. i Planning Commissioner B an Phelps I I I - 1 CITY OF GRAND TERRACE PUBLIC FINANCING AUTHORITY MINUTES REGULAR MEETING -JUNE 23,2009 A regular meeting of the Public Financing Authority,City of Grand Terrace,was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on June 23, 2009 at 7:55 p.m. CPRESENT: Maryetta Ferre, Chairman Bea Cortes, Agency Member Jim Miller,Agency Member Walt Stanckiewitz, Agency Member Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, Sheriff's Department ABSENT: Lee Ann Garcia, Vice-Chairman �i John Salvate, San Bernardino County Fire Department ADOPT A RESOLUTION AUTHORIZING PROCEEDINGS TO REFUND OUTSTANDING 1997 CERTIFICATES OF PARTICIPATION AND APPROVING RELATED DOCUMENTS AND ACTIONS PFA-2009-01 MOTION BY AGENCY MEMBER MILLER,SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (VICE-CHAIRMAN GARCIA WAS ABSENT), to adopt a Resolution Authorizing Proceedings to Refund Outstanding 1997 Certificated of Participation and Approving Related Documents and Actions. Chairman Ferre adjourned the Public Financing Authority Meeting at 7:56 p.m. SECRETARY of the Public Financing Authority of the City of Grand Terrace CHAIRMAN of the Public Financing Authority of the City of Grand Terrace GTPFA Agenda Item No. 1