08/11/2009 FILE COPY
GRAPID,TERR CE Augu9t 11,2009'
22795 Barton Road
Grand Terrace _
'California 92313-5295
Civic Center CITY OF''GRANWTERRACE
Fax(909)783-7629
Fax(909)183-2600
Maryetta Ferr6 CRA%CITY COUNCIL
Mayor . - ,'REGULAR MEETINGS' - -
LeeAnn"Garcia` ND TH
Mayor Pro Tern - ; Tuesday - 6...
00: p A.
Bea C6rtes '
Jim Miller
Walt Stanckiewitz
` Council Members
Bernie Simon,
Acting City Manager
Council.Chambers-
Grand Terrace-Civic Center;
1:2795 Barton Road
Grand'Ti rr ace;'CA 92313-5295
i
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS August 11,2009
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 07-28-2009 Minutes Approve
2. Award Contract for Community Sign Project(GTB-09-04)(Quiel Approve
Brothers Electric Sign Service Company,Inc.)
3. Resolution-Change Authorized Signatures for Local Agency Adopt
Investment Fund(LAIF)
4. Budget Approval for the Acquisition of Real Property in the 22100 Appropriate/Authorize
Block of Barton Road(APN#0275-242-10)
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL
1. Items to Delete
2. SPECIAL PRESENTATIONS-None
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 08-11-2009 Approve
B. Waive Full Reading of Ordinances on Agenda
C.- Approval of 07-28-2009 Minutes Approve
D. Resolution-Approve Final Tract Map No. 17766(The Approve
Greystone Group, Inc.)
COUNCIL AGENDA
08-11-2009 PAGE 2 OF 2
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
E. Resolution - Change Authorized Signatures for Local Agency Approve
Investment Fund(LAIF)
F. Resolution - Authorize Bank Account Signers with Citibank, Approve
NA
G. Resolution-Change Authorized Signers with California Asset Approve
Management Program(CAMP)
H. Resolution-Authorize Designated Bank Account Signers with Approve
Bank of America
I. Resolution - Authorize Bank Account Signers with BBVA Approve -
Bancomer
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.
i
5. REPORTS
A. Committee Reports
1. Emergency Operations Committee
a. Minutes of July 7,2009 Accept
B. Council Reports
6. PUBLIC HEARINGS-None
7. UNFINISHED BUSINESS-None
8. NEW BUSINESS
A. Senior Center Kitchen
B. Award Contract for Community Sign Project (GTB-09-04) Award
(Quiel Brothers Electric Sign Service Company,Inc.)
C. Joint Agreement with San Bernardino County for the Senior Approve
Home Repair Program
i
9. CLOSED SESSION-None
ADJOURN CITY COUNCIL
i
1
i
THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON j
TUESDAY,AUGUST 25,2009 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 -JULY 28,2009
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 July 28, 2009 at 6:00 p.m.
PRESENT: Maryetta Ferre, Chairman
Lee Ann Garcia, Vice-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
Lt. Tony Allen, Sheriff's Department
John Salvate, San Bernardino County Fire Department
L�
ABSENT:!: None
CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M.
APPROVAL OF 07-14-2009 MINUTES
CRA-2009-34 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
CORTES,CARRIED 5-0,to approve the July 14,2009 Community Redevelopment
Agency Minutes.
CONTINUING APPROPRIATIONS AND ADDITIONAL PROGRAM
APPROPRIATIONS
CRA-2009,35 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
STANCKIEWITZ, CARRIED 5-0, to approve and appropriate continuing
appropriations in the amount of$158,592 in the CRA Capital Projects Fund(32)and
approve and appropriate additional program expenditures for the Commercial
Exterior and Neighborhood Grant Programs in the amount of$155,000 in the CRA
Capital Projects Fund(32)and approve and appropriate continuing appropriations of
CRA purchase orders in the amount of$200,782 in the CRA Capital Projects Fund
(32), $408 in CRA Debt Service Fund(33)and $408 in CRA Low Mod Fund(34).
CRA AGENDA ITEM NO.
Community Redevelopment Agency Minutes
July 28,2009
Page 2
The overall effect to the CRA is an increase in expenditures of $514,374 and a
decrease in overall fund balance by $514,374.
CLOSED SESSION-CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(GOVERNMENT CODE SECTION 54956.8)
Property - 22100 Block of Barton Road (APN: 0275-242-10)
Agency Negotiator- Steve Berry
Under Negotiation- Price and Terms of Payment
Chairman Ferrd announced that the Agency met in Closed Session for a Conference with
Real Property Negotiators(Government Code Section 54956.8) for the property located in
the 22100 Block of Barton Road(APN:0275-242-10)and that there was no reportable action
taken.
Chairman Ferrel adjourned the Community Redevelopment Agency Meeting at 8:28 p.m.,until the
next CRA/City Council Meeting that is scheduled to be held on Tuesday,August 11, 2009 at 6:00
p.m.
SECRETARY of the Community Redevelopment
Agency of the City of Grand Terrace
CHAIRMAN of the Community Redevelopment
Agency of the City of Grand Terrace
STAFF REPORT
CRA ( X) COUNCIL ITEM ( X) August 11, 2009
FUNDING REQUIRED ( X) NO FUNDING REQUIRED ( )
SUBMITTED BY: Community and Economic Development Department
SUBJECT: BID AWARD FOR COMMUNITY SIGN PROJECT
RECOMMENDATIONS: Award Bid No. 09-04 and approve funding
BACKGROUND:
On April 28, 2009, the Agency authorized staff to prepare specifications and request
bids for a conceptual community sign project. The RED (Redevelopment and
Economic Development) Team and staff had recommended the following signs:
1. A double-face, full-color, electronic message board sign, which includes a
mountain silhouette metal design in a blue, white, and silver color,pattern, as
shown on the attached Exhibit A. The location is the landscaped area at the
Palm Avenue and Barton Road split, west of City Hall. The size of the sign and
angle of the message boards to the streets were determined through a drive-by
sign test. The existing community banner structure on Barton Road at Preston
Street would be permanently removed when this sign is installed.
2. The new community sign for temporary event banners is shown as Exhibit B, and
is similar in design and materials. The RED Team recommended replacing the
community event sign structure on Canal Street at Mt. Vernon Avenue with this
higher quality sign and install it within the City right-of-way at the southwest
corner as shown on the exhibit. A detachable clear lexan cover at the center
would offer a cleaner look for the banner displays, which would be slipped inside
the cover. The banner area would accommodate up to a 3 feet X 6 feet display.
Illumination is provided by a solar unit placed at the top of the sign. The sign
poles are a square, tubular, brushed aluminum design with a scroll pattern.
Initially, the total cost was estimated at $56,000, pending the preparation of
specifications and public bidding. The specifications for bidding were published on June
1, 2009, and an addendum was issued on June 29, 2009, which extended the bid
opening to July 21, 2009, due to installation of the phone modem for sign operation at
City Hall. There was one bid received, which was opened on July 21, 2009.
CRA AGENDA ITEM NO. 2_
1
Quiel Brothers Electric Sign Service Company, Inc. of San Bernardino submitted a
project bid of $77,850, attached as Exhibit C. The bid includes payment of prevailing
wages, sign fabrication, installation, solar lighting for the non-electric sign, cable and
phone modem installation, and an optional 60-month warranty and maintenance
agreement. The cost of the optional warranty is $12,000, which staff would recommend
waiving because the message board has a five-year warranty from the manufacturer,
and Quiel Brothers guarantees its work for one year, which allows sufficient time to
determine and correct any deficiencies. The total costs would then be $65,850, which
would be funded by the Redevelopment Agency.
Staff has checked-the contractor's references and confirmed the appropriate licenses
are in place. Insurance requirements have been met and the 10% bond has been
submitted, which is held by Suretec Insurance Company.
Staff recommends awarding the project to Quiel Brothers based on their extensive
experience. The signs designs and locations are recommended to enhance the City's
visual image and better serve the community through improved messaging.
Work would begin in approximately three months due to special ordering and fabrication
of the message board. Project completion is required within 120 days of the Notice to
Proceed.
RECOMMENDATIONS:
City Council: Award Bid No. 09-04 for fabrication and installation of the electronic
message board sign and the community sign for event banners, to Quiel Brothers
Electric Sign Service,Company, Inc.
Redevelopment Agency: Approve a $72,435 budget appropriation from the RDA
undesignated available fund balance (80%) for project costs (without optional warranty),
plus a 10% construction contingency.
FISCAL IMPACT:
The Agency now has approximately $4.6 million available for new non-housing:projects.
The proposed ERAF payment to the State, if upheld, is estimated to be about $1.6
million, 'which would reduce available 80% funds to $3 million.
ATTACHMENTS:
Exhibit A, Message board sign design
Exhibit B, Non-electric community sign design
Exhibit C, Project cost breakdown prepared by Quiel Brothers
ARTWORK&-DESIGN
PRESENTED BY -- Approx 81-5"
-
SIM I H I-
I
TgE-BLUE MOUNTAII r CITY
Y: .
";.� 'ry=-=-=_.� �• '�a�j '� WELCOME TO .ems
GRAND TERRACE
�, }fie,YA;-::• .ip. �.nW�'('y
1'
CONCEPT NOT TO SCALE
CUSTOM MANUFACTURED SIGN W/MESSAGE UNIT SCALE:W=V.0°
City:Make Two 121
ID CABINET-SHEET METAL INTERNALLY ILLUMINATED,CABINET IS PAINTED TO MATCH 230-167 BLUE
COPY IS A PUSH THRU MOUNTAINS IS A SHEET METAL CUT OUT SET IN A GROVE ON THE TOP OF THE CABINET
MESSAGE UNIT:FULL COLOR RGB MULTI-LINE ELECTRONIC MESSAGE UNIT
POLES:4"SQUARE TUBE,ALSO THE DECORATIVE STUFF IS PAINTED SILVER
INSTALL.-TWO SIGNS IN A W"SHAPE NOT BACK TO BACK THE ROAD CURVES ID CABIN ET POLES
SO THEY NEED TO BE SEEN FRO61 BOTH ANGLES COLORS
EXISTING FAIXUDTO suum
GA60
DRAWINGS ARE FOR ILLUSTRATIVE PURPOSES ONLK SCALES,DIMENSIONS AND LOCATION MAY VARY COLORSMAYVARY FROM ACTUAL PRODUCT DUE TO PRINTING PROCESSES AND/Olt MATERIALS USED. Exhibit A
\ ,
ARTVORK&; DESIGN
PRESENTED$Y —
��
nip-ito8. SIM 1961-
T-IE SLUE MOUNTAIN
0 B LOCKABLE,CLEAR
' — • 1 ' LEXAN PROTECTIVE
1
ft•. - HINGED COVER
NI
- 4
LOCKABLE,3'x 6'NON-ILLUMINATED CABINET w/CLEAR LEXAN
�. PROTECTIVE FACE
iL
CONCEPTOFNfWSIGNAGf . .._.:_... .._:_. .,.:<. .._ .: 7.,—7_..:.,.<_.
FRONT ELEVATION SIDE ELEVATION
NOT TO SCALE CUSTOM MANUFACTURED SIGN SCALE: 1/2"=V-0"
Qty: Make One[]]
ID CABIN COPY GM CABINET/POLES ID CABINET:SHEET METAL NON-ILLUMINATED CABINET PAINTED TO MATCH.230-167 BLUE,AND
ET
COLORS _ _ 230-20 WHITE VINYL COPY
PANTED 6 TD 230•IR EWE 22A-2EWMM PAINTEDIRUSNED MOUNTAINS:SHEET METAL CUT OUT SET IN A GROVE ON THE TOP OF THE CABINEL
mN1E W61 A1NUA7 SIWEE
233- 7 MM areas LOCKABLE HINGED CABINET:NON-ILLUMINATED CABINET PAINTED BRUSHED ALUMINUM/SILVER.
POLES:SQUARE TUBE AND ACCENTS PAINTED BRUSHED ALUMINUM/SILVER. Exhibit B
DRAWINGS ARE FOR ILLUSTRATWE PURPOSES ON SCALES DIMENSIONS AND LOCATIONMAYVARY COLORS 14AYVARY FROM ACTUAL PRODUCT DUl TO PRINTING FROCUSS AND/Olt MATERMIS USED.
SIGNS BY 272 SOUTH I STREET, SAN BERNARDINO,CALIF. 92410
. . o . SINCE 1961 PH. 909-885-4476 FAX 909-888-2239
www.quielsigns.com
COST BREAKDOWN FOR SIGN PROJECT BID NO.
GTB-09-04
MARK-UP&
COST OVERHEAD TOTALS
Sign# 1 Double faced ,W shape electronic message unit:
A. Message Unit $19,948.57 $ 2,216.51 $22,165.08
(includes a.60 months factory warranty on electronic parts)
B. Fabrication-Labor $10,210.50 $ 1,134.50 $11,345.00
C. Installation-Labor $ 6,280.63 $ 697.85 $ 6,978.48
(includes communication labor&prevailing wages)
D. Taxes $ 2,714.32 $ - $ 2,714.32
E. TOTAL COST+ MARK-UP/OVERHEAD
Sign#2 Single face solar powered Community"Banner"Sign:
A. Fabrication-Labor $ 4,012.92 $ 361.16 $ 4,374.08
B. Material $ 1,003.23 $ 90.29 $ 1,093.52
C. Install-Labor $ 4,255.26 $ 472.81 $ 4,728.07
D. Taxes(Fabrication-Labor&Materials) $ 451.45 $ 451.45
E. TOTAL COST+ MARK-UP/OVERHEAD
PHONE MODEM TO SIGN $ 7,200.00 $ 800.00 $ 8,000.00
SOLAR LIGHTING $ 3,600.00 $ 400.00 $ 4,000.00
60-Months Comprehensive warranty&maintenance
Aggrement(OPTIONAL) $10,800.00 $ 1,200.00 $12,000.00
TOTAL BID FOR THE SIGN PROJECT GTB-09-04 $77,850.00
SALES • SERVICE • LEASING • MAINTENANCE • CRANE SERVICE • NEON
5
1
CALIFORNIA
Staff Report
Finance Department
l CRA ITEM(X) COUNCIL ITEM O MEETING DATE: August 11, 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 Acting City Manager Steve
Berry.
The CRA currently has approximately $15 million invested with LAIF. It is currently
yielding 1.05%.
FISCAL IMPACT:
None by this action.
CRA AGENDA ITEM NO. 3
1
2
RECOMMENDATION:
Staff recommends that the Agency Board adopt a resolution to change authorized
signatures with the Local Agency Investment Fund.
Attachments:
1) Resolution to Change LAIF Authorized Signatures
1
RESOLUTION NO.
A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING
SIGNERS FOR LOCAL AGENCY INVESTMENT FUND
�i 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
J 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 Bernard Simon
3
2
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.
APPROVED AND ADOPTED this 11th day of August, 2009
Ayes:
Noes:
Abstain:
r`
Absent:
Chairwoman
ATTEST:
City Clerk
STAFF REPORT
CRA ITEM (X ) COUNCIL ITEM ( ) MEETING DATE: August 11, 2009
FUNDING,REQUIRED: ( X ) NO FUNDING REQUIRED ( )
SUBMITTED BY: Community and Economic Development Department
SUBJECT: BUDGET APPROVAL FOR THE ACQUISITION OF REAL_
PROPERTY IN THE 22100 BLOCK OF BARTON ROAD
RECOMMENDATION: Approve the recommended Redevelopment Agency budget
appropriation of $210,000 to complete the project
Background:
On July 28, 2009, the Agency Board authorized staff in closed session to negotiate the
purchase of a second commercial parcel on the north side of the 22100 Barton Road,
APN 0275-242-10, depicted on the attached map. In accordance with that direction,
staff has negotiated a purchase price of $199,395 for the 18,990 square foot parcel, or
$10.50 per square foot.
The Redevelopment Agency recently closed escrow on the parcel directly west of the
subject parcel, and combined, the commercial site would be .87 acre, or 37,900 square
feet. The, purchase of this second parcel is recommended to consolidate the site for
future commercial development, which would allow the Agency to recover the
investment for another project. Property, assembly and redevelopment of land in
partnership with private enterprise are stated goals of the Redevelopment Plan.
Staff requests a Redevelopment budget appropriation of $210,000, to also pay escrow
costs and complete a Phase 1 environmental report before close of escrow. Any
appropriated funds not used for the project will then be available for future projects.
Fiscal Impact:
The Agency now has approximately $4.5 million available for new non-housing projects
(after funding of the sign project). The proposed ERAF payment to the State, if upheld,
is estimated to be about $1.6 million, which would reduce available 80% funds to $2.9
million, pending receipt of new tax increment revenue.
CRA AGENDA ITEM NO. G4
1
Recommendations:
1. Appropriate $210,000 from undesignated available 80% Redevelopment Fund
balance to a project account established by the Finance Department to fund
related project costs.
2. Authorize the Acting Agency Executive Director to execute the escrow
documents and complete all actions necessary to carry out the acquisition and
demolition.
Attachments:
Site Map
i°• ,fit$ - Ul• �. �: � ! t, �� t �t 1 '"' I��
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vchlist Voucher List Page: 1
08/05/2009 8:51:19AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher -Date Vendor Invoice Description/Account Amount
63974 7/28/2009 001206 ARROWHEAD CREDIT UNION JUN-JUL 2009 Jun-Jul Arrowhead Visa Charges
10-022-64-00 994.03
10-110-270-000-000 17.16
10-120-230-000-000 533.76
10-125-701-000-000 115.02
10-140-219-000-000 386.26
10-180-230-000-000 130.50
10-180-220-000-000 57.34
10-180-270-000-000 127.85
10-180-272-000-000 110.85
10-180-701-000-000 115.02
10-370-701-000-000 115.03
10-190-220-000-000 37146
10-440-228-000-000 63.58
23-200-12-00 496.81
Total : 3,634.67
63978 8/11/2009 010885 BROESKE ARCHITECTS &ASSOC 09-086 Reimb. Expenses-GT Fire Station
10-190-723-000-000 110.61
Total : 110.61
63979 8/11/2009 011017 CA. BLDG. STANDARDS COMMISSION 2ND QTR 2009 2nd Qtr 2009 Green Bldq Fees
10-700-01 -7.60
23-200-23-00 76.00
Total : 68.40
63980 8/11/2009 001713 CA. DEPT. OF TRANSPORTATION 185340 June 1-215 Fwy on/off ramp maint.
16-510-238-000-000 30.48
Total : 30.48
63981 8/11/2009 001840 CITY OF COLTON 000929 ANIMAL CONTROL CODE ENF. SRVS
10-190-256-000-000 3,425.36
929A June Animal Control Services
10-190-256-000-000 203.64
Total : 3,629.00
COUNCIL AGENDA ITEM NO.� Page: 1
L
vchlist Voucher List Page: 2
08/05/2009 8:51:19AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
63982 8/11/2009 010702 CITY OF YUCAIPA 2211 May Perchlorate Litigation Fees
40-160-250-000-000 29.89
Total : 29.89
63983 8/11/2009 011014 CONVERSE CONSULTANTS 09-16127-01A Phase I Environ. site Asssesment
32-600-307-000-000 1,360.00
Total : 1,360.00
63984 8/11/2009 002280 EVER READY EMBROIDERY 2260 Embroidery C.E. Jackets
34-800-218-000-000 21.75
Total : 21.75
63985 8/11/2009 004320 LAWNMOWER CENTER 5741 Lawmower/Trimmer
10-450-701-000-000 1,455.04
5942 Verticut tree trimmer
10-450-701-000-000 1.576.86
Total : 3,031.90
63986 8/11/2009 010657 PROGRESSIVE SOLUTIONS 36001 Cash Drawer Security Lids
10-140-219-000-000 135.38
Total : 135.38
63987 8/11/2009 006614 SCHWAB, THOMAS 2ND QTR 2009 2nd Qtr 2009 Medical Reimbursement
10-120-139-000-000 500.00
Total : 500A0
63988 8/11/2009 006730 SO.CA.GAS COMPANY 000079370 Gas Line Installation
15-500-706-000-000 2,348.88
Total : 2,348.88
63989 8/11/2009 007102 T.Y.LIN INTERNATIONAL 0907173 CHG ORD#4 BARTON BRIDGE
47-100-250-001-000 6,510.50
Total : 6,510.50
63990 _ _ 8/11/2009_ _007034 ____TRANSPORTATION ENGINEERING 955 June Traffic Consulting Svcs - - - -
10-370-255-000-000 4,220.40
956 June Traffic Enq Consulting
10-180-255-000-000 1,710.00
Page: 2
vchlist lcher List ` ` Page: 3
08/05/2009 8:51:19AM CITY OF GRAND TERRACE
Bank code: bofa
Voucher Date Vendor Invoice Description/Account Amount
63990 8/11/2009 007034 TRANSPORTATION ENGINEERING (Continued) Total : 5,930.40
63991 8/11/2009 007987 XEROX CORPORATION 041750067 CC265 COPIER LEASE
10-190-700-000-000 270.66
10-190-700-000-000 27.74
10-190-212-000-000 9•09
041750067A June Copier Lease Payment
10-190-700-000-000 9840
Total : 405.89
63992 8/11/2009 007984 YOSEMITE WATERS 20931717 June Bottled Water delivery
10-190-238-000-000 165.20
10-440-238-000-000 120.60
34-400-238-000-000 15.40
Total : 301.20
16 Vouchers for bank code: bofa Bank total : 28,048.95
16 Vouchers in this report Total vouchers : 28,048.95
Page: 3
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.
� f
Bernie Simon, Finance Director
r
Cf
- vchlist Voucher List Page: 1
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account -Amount
63975 7/28/2009 006285 RIVERSIDE HIGHLAND WATER CO 07212009 Water Meter Transfer Fees
10-180-700-000-000 50.50
Total : 50.50
63976 7/28/2009 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 7-24-09 Contributions for PRend 7-24-09
10-022-62-00 17,847.03
Total : 17,847.03
63977 7/29/2009 010965 PETTY CASH 7/29/09 REPLENISH-PETTY CASH
10-010-01-00 324.75
23-010-01-00 151.09
32-010-01-00 50.00
Total : 526.84
63993 8/5/2009 010996 CA PUB EMPLOYEES' RET. SYSTEM H2O090814930C AUGUST EMPLOYEE HEALTH INSURANCE
10-120-142-000-000 692.53
10-125-142-000-000 546.74
10-140-142-000-000 820.11
10-172-142-000-000 182.24
10-175-142-000-000 14579
10-180-142-000-000 1,49539
10-190-265-000-000 72.59
10-370-142-000-000 728.97
10-380-142-000-000 364.49
10-440-142-000-000 1,923.45
10-450-142-000-000 546.74
21-572-142-000-000 437.40
32-200-142-000-000 52850
32-370-142-000-000 291 60
34-400-142-000-000 510.30
10-022-61-00 8,215.63
Total : 17,502.47
63994 8/11/2009 010998 AETNA AARP PLANS 4710330908 HEALTH INS.-B. CORTES
10-110-142-000-000 364.49
10-110-120-000-000 83.51
Page. 1
vchlist Voucher List Page: 2
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
63994 8/11/2009 010998 AETNA AARP PLANS (Continued) Total : 448.00
63995 8/11/2009 001213 AT&T 9098247013793 July Childcare dsl Service
10-440-235-000-000 7643
Total : 76.43
63996 8/11/2009 010293 AVAYA, INC. 2728999607 PHONE &VOICEMAIL MAINTENANCE
10-190-246-000-000 183.46
Total : 183.46
63997 8/11/2009 001383 BARR DOOR INC 12716 Library Doors Maint/Repair
10-180-246-000-000 51644
Total : 516.44
63998 8/11/2009 010218 CHEVRON &TEXACO CARD SERVICES 20071299 Maint/Code Enf Vehicle Fuel
34-800-272-000-000 93.43
10-180-272-000-000 432.14
Total : 525.57
63999 8/11/2009 001867 COMMERCIAL LANDSCAPE SUPPLY 162812 LANDSCAPE SUPPLIES
10-450-245-000-000 51491
Total : 514.91
64000 8/11/2009 010972 CONSOLIDATED REPROGRAPHICS 029831 Doc Mnqmnt Fees-Glendora St plans
13-445-710-000-000 13.59
031447 Doc Mnqmnt Fees
13-445-710-000-000 2.72
038366 Website Maintenance Fees
10-175-246-000-000 9.79
Total : 26.10
64001 8/11/2009 011067 CONTRERAS, EILEEN 08082009 Park Shelter Reserv. refund
10-450-01 8000
Total : 80.00
64002 8/11/2009 011014 CONVERSE CONSULTANTS 09-16127-01B Phase I Env Site Assesment
32-600-307-000-000 44000
Page- 2
vchlist �>,{�'4icher List
l Page: 3
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64002 8/11/2009 011014 CONVERSE CONSULTANTS (Continued) Total : 440.00
64003 8/11/2009 001907 COSTCO#478 2289 C. CARE SUPPLIES
10-440-228-000-000 118.93
10-440-220-000-000 3964
2343 C. CARE SUPPLIES
10-440-228-000-000 81 95
10-440-220-000-000 27.32
Total : 267.84
64004 8/11/2009 010506 COURTSHIP STORIES 99 Article Cont. Blue Mtn Outlook
10-180-255-000-000 175.00
Total : 175.00
64005 8/11/2009 001930 DAILY JOURNAL CORPORATION B1635693 LEGAL ADVERTISING
10-125-230-000-000 699.60
Total : 699.60
64006 8/11/2009 010711 DANKA FINANCIAL SERVICES 69879505 TOSHIBA COPIER LEASE E-STUDIO 310
10-172-246-000-000 63.83
10-175-246-000-000 31.91
34-400-246-000-000 6383
Total : 159.57
64007 8/11/2009 003210 DEPT 32-2500233683 0/3024287 MAINTENANCE SUPPLIES
10=180-245-000-000 4666
0/4024108 MAINTENANCE SUPPLIES
10-180-245-000-000 6.27
116154/803003: MAINTENANCE SUPPLIES
10-180-245-000-000 195.96
116940/812316r, Home Improvement Grant-Medina
32-600-305-000-000 401 94
121236/312323, Home Improvement Grant-Adame
32-600-305-000-000 261.84
124958/012330,' Home Improvement Grant-Cortez
32-600-305-000-000 361.60
Page. 3
vchlist Voucher List Page: 4
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64007 8/11/2009 003210 DEPT 32-2500233683 (Continued) Total : 1,274.27
64008 8/11/2009 002165 DRUG ALTERNATIVE PROGRAM 7601 WEED CONTROL
10-450-245-000-000 1,000.00
Total : 1,000.00
64009 8/11/2009 011065 ESPINOSA, ANDRIA 005528 Overpayment of Pkinq Ticket
10-500-07 500
Total : 5.00
64010 8/11/2009 002673 FLANN, ALISA 08042009 Failed payroll deduction PRE 7/24/09
10-022-30-00 100.00
Total : 100.00
64011 8/11/2009 002727 FREEMAN COMPANY, J R 417793-0 MISC OFFICE SUPPLIES
10-125-210-000-000 166.22
417805-0 Misc Office Supplies
10-120-210-000-000 4568
Total : 211.90
64012 8/11/2009 002740 FRUIT GROWERS SUPPLY 90362917 City Hall Landscape Supplies
10-180-245-000-000 133.66
90363117 MAINTENANCE AND SUPPLIES
10-450-246-000-000 29.17
90363845 Beautification Proqram Supplies
32-600-320-000-000 23.45
90364354 MAINTENANCE AND SUPPLIES
10-450-246-000-000 1.86
Total : 188.14
64013 8/11/2009 010258 GMAC PAYMENT PROCESSING CENTER024910315936-1 LEASE GMAC TAHOE VIN #1GNFC130X7R24890z
10-120-273-000-000 559.21
Total : 559.21
64014 8/11/2009 010164 GREAT-WEST PE JULY 10 20C Emp. Def. Comp P E. 7/10/09
10-022-63-00 4,711 81
Total : 4,711.81
Page. 4
I r 4 {
vchlist voucher List �- Page: 5
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64015 8/11/2009 011030 HAMEL CONTRACTING INC. G702 FIRE STATION#23 RENOVATION
10-190-723-000-000 106,433.06
Total : 106,433.06
64016 8/11/2009 003152 HARPER & BURNS LLPN 07302009 Landscape/Lightinq Dist Atty Svc
26-600-250-000-000 1,200.00
26-601-250-000-000 1,049.00
26-602-250-000-000 251.00
Total : 2,500.00
64017 8/11/2009 003216 HOUSTON & HARRIS PCS, INC 09-15485 HYDROWASHING
21-573-602-000-000 45000
Total : 450.00
64018 8/11/2009 003850 JANI-KING OF CA., INC LAX08090039 CHILD CARE CLEANING SERVICES
10-440-244-000-000 975.00
Total : 975.00
64019 8/11/2009 010773 KELLAR SWEEPING INC. 4682 STREET SWEEPING SERVICES
16-900-254-000-000 4,200.00
Total : 4,200.00
64020 8/11/2009 004320 LAWNMOWER CENTER 2895 MOWER/BLOWER REPAIRS
10-450-246-000-000 9.69
Total : 9.69
64021 8/11/2009 010812 LOWE'S COMMERCIAL SERVICES 10530 Misc Small Tools/Supplies
10-180-218-000-000 74.99`"
10546 MAINT. SUPPLIES
10-180-245-000-000 162.74
14283 Merchandise return
10-180-245-000-000 -107.66
14284 MAINT. SUPPLIES
10-180-245-000-000 121 80
14335 MAINT. SUPPLIES
10-180-245-000-000 9870
Page: 5
vchlist Voucher List Page: 6
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64021 8/11/2009 010812 LOWE'S COMMERCIAL SERVICES (Continued)
27073 MAINT SUPPLIES
10-180-245-000-000 152.53
Total : 503.10
64022 8/11/2009 010546 MPOWER COMMUNICATIONS 387767-AUG Auq Phone Line Maint.
10-440-235-000-000 27955
10-805-235-000-000 312.65
10-450-245-000-000 61 25
387798-AUG Auqust Phone Line Service
10-190-235-000-000 977.07
10-380-235-000-000 200.00
10-808-235-000-000 61 44
Total : 1,891.96
64023 8/11/2009 011068 PALOS, EDI 072709 Swim Lesson Refund
10-430-30 6500
Total : 65.00
64024 8/11/2009 005586 PETTY CASH 08032009 Petty Cash Replenishment
10-440-221-000-000 42.41
10-440-223-000-000 14094
10-440-228-000-000 121 97
Total : 305.32
64025 8/11/2009 006069 RED WING SHOE STORE 350000003267 Maint. Crew Uniforms/Supplies
10-180-218-000-000 161.75
350000003268 Maint Crew Uniform/Supplies
10-180-218-000-000 146.80
Total : 308.55
64026 8/11/2009 006557 S B. COUNTY DEPT PUBLIC WORKS FC 011/10 Annual Flood Ctrl Aqrmnt 7/1-9/30/09
12-903-701-000-000 2,64500
Total : 2,645.00
64027 8/11/2009 006504 S B. FIRE DEPT./HAZ.MATERIAL GT110CC HAZARDOUS WASTE SERVICES
10-190-258-000-000 3,888.25
Page• 6
r
vchlist voucher List Page: 7
08/05/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64027 8/11/2009 006504 S.B. FIRE DEPT./HAZ.MATERIAL (Continued) Total : 3,888.25
64028 8/11/2009 007005 SO CAL LOCKSMITH 8947 cash drawer lid locks/keys
10-140-219-000-000 4500
Total : 45.00
64029 8/11/2009 006720 SO CA.EDISON COMPANY 07292009 July Utility Charges
10-450-238-000-000 88304
16-510-238-000-000 462.17
34-400-238-000-000 175.37
10-175-238-000-000 63.77
10-172-238-000-000 79 72
15-500-601-000-000 30.78
10-190-238-000-000 5,447.97
10-440-238-000-000 2,057.81
Total : 9,200.63
64030 8/11/2009 006898 SYSCO FOOD SERVICES OF L.A. 907220996 FOOD & SUPPLIES
10-440-220-000-000 48069
907290937 FOOD &SUPPLIES
10-440-220-000-000 378.19
Total : 858.88
64031 8/11/2009 010590 TERRA LOMA REAL ESTATE JULY July Prop Management Fees
32-600-05 96.00
Total : 96.00
64032 8/11/2009 011066 THOMPSON BUILDING MATERIALS GROTENHUIS Neighborhood Grant Imp-Grotenhuis
32-600-305-000-000 998.97
Total : 998.97
64033 8/11/2009 001038 VERIZON WIRELESS-LA 0782930477 July Wireless Phone Service
34-400-235-000-000 147.68
Total : 147.68
64034 8/11/2009 010864 WIRZ, MATT JULY 2009 July Mileage Reimbursement
10-370-271-000-000 60.55
Page: 7
vchlist Voucher List Page: 8
08/06/2009 11:28:08AM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
64034 8/11/2009 010864 WIRZ,.MATT (Continued) Total : 60.55
45 Vouchers for bank code : bofa Bank total : 183,671.73
45 Vouchers in this report Total vouchers : 183,671.73
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.
Bernie Simon, Finance Director
CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL
CITY COUNCIL MINUTES
REGULAR MEETING-JULY 28,2009
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 July 28,
2009 at 6:00 p.m.
- PRESENT: Maryetta Ferrd, Mayor
Lee Ann Garcia, Mayor Pro Tem.
Bea Cortes, Councilmember
Jim Miller, 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
Lt. Tony Allen, San Bernardino County Sheriffs Department
John Salvate, San Bernardino County Fire Department
" ABSENT: None
The City Council meeting was opened with Invocation by Mayor Pro Tem Lee Ann Garcia,followed
by the Pledge of Allegiance led by Councilman Jim Miller.
CONVENE CITY COUNCIL MEETING
ITEMS TO DELETE
Mayor Ferrel announced that item 2A. Chamber of Commerce Business of the Month will
be deleted from the Agenda.
SPECIAL PRESENTATIONS -None
CONSENT CALENDAR
CC-2009-93 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE,
CARRIED 5-0,to approve the following Consent Calendar Items with the Removal
of Item 3A:
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of 07-14-2009 Minutes
COUNCIL AGENDA ITEM NO. C,,
t•4;;f,;el;iida•'i�
touikil'Minutes'
07/28/2009
Page 2
3D. Continuing-Appropriations
3E. Award Contract for Glendora Drive Street Improvements,Bid No. GTB-09-
05 (Rialto Construction, Inc.)
3F. City Annual Financial Statement FY 2007-2008
3G. Reject Liability Claim GTLC-09-01 (Saenz)
ITEM REMOVED FROM THE CONSENT CALENDAR
3A. Approve Check Register Dated 07-28-2009
CC-2009-94 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES,CARRIED 5-0,to approve the following item that was removed from the
Consent Calendar:
3A. Approve Check Register Dated 07-28-2009
PUBLIC COMMENT
Roy Nix, 12173 Country Club Lane,stated that it seems that the charges against Councilman
Miller are in the hands of the court at this time but he is sure that there will be much
publicity. He wanted to remind everyone of the fantastic service that has been provided by
Jim Miller and his wife Margie Miller over the last two decades in this City. Jim has had a
leading effort in fundraisers for the Chamber of Commerce, every project of the Grand
Terrace Lions Club over the past two decades, they have supported projects of the Grand
Terrace Woman's Club, they led the aid and support of fire victims in Grand Terrace. He
stated that he doesn't pretend to know the legal ramifications of the charges,however,what
he sees from the newspapers is repeatedly voting on consent calendar items regarding checks
of payment for services rendered to the City by the Grand Terrace City News. He stated that
these are decisions of shall we pay our obligations or not. He doesn't see how it can be
anything but one answer to that question. He feels that it is not an issue of are we going to
enter into a contract but are we going to pay legal obligations for services received. He
would encourage citizens to stand behind Jim Miller and encouraged the Council to do
everything that they can on behalf of a great public servant.
Corrine Robinson, 22145 DeBerry Street, expressed her shock when she read in the
newspaper about the arrest of Jim Miller. She questioned if the City Council wasn't aware
of it then how did the District Attorney come in and investigate him and why.
City Attorney John Harper,responded that an anonymous complaint was given.
Corrine Robinson, anonymous to her means that the person that filed the complaint had no
guts because they wouldn't stand behind what they were trying to accomplish. Councilman
Council Minutes
07/28/2009
Page 3
Jim Miller was arrested on Conflict of Interest Charges. This arrest is either ridiculous or
all of the members on the City Council that were at these events when they occurred should
be arrested also. We are a small community where everyone knows what everyone else is
doing. The entire City Council knows that Margie Miller owns the Grand Terrace City News
Paper and that her husband is a member of the Grand Terrace City Council. She stated that
the Council knew that the City was advertising in the Grand Terrace City News and if this
f _ was a conflict of interest they were bound to bring up the conflict before approving any
advertising. While she feels that Jim Miller should have erred on the side of caution and
abstained from voting when the advertising came on the agenda she finds it impossible to
believe that he should lose his j ob,serve time in prison for a crime when everyone in the City
was aware.
Gwen Reese, 22488 Barton Road, she expressed her support for Councilman Miller. She
read a statement on behalf of her daughter: Hello Grand Terrace citizens, business owners,
Councilmembers, City and State Officials, I have known and had the pleasure of working
with several of the City officials, including Jim Miller and his wife Margie Miller. When I
heard of his arrest I was in shock and disheartened that an outstanding community leader
such as Mr. Miller was incarcerated on a felony charge that wreaked of a personal dispute.
What I find somewhat amusing is that in the day where I am a small business owner who is
- suffering from this economic downfall on the heels of an election year there is money
missing from the City of Grand Terrace and larger and personally acquainted businesses are
allowed to come into this community while we the small business owners are drowning as
we watch these new buildings being set-up across the City. Why are we arresting
Councilman Miller when there are accusations of corruption, money laundering and new
businesses benefitting from our tax dollars. Mr. Miller is one of the rare diamonds in the
rough,a true oxymora,dare I say an honest politician. Mr.Miller and I do not see eye to eye
of most of the personal views of politics, however, we do see that the children of our
community are our first priority. He not only sponsors several events involving the Cub
Scouts,which my son was a part of,but also the performing arts school. To condemn a man
over personal matters that have been resolved at least three years ago when we have money
missing corruption allegations small businesses going out of business due to the larger
companies coming in and a larger scale of government cutting police departments,probation
departments, teachers and funding for the homeless is quite baffling. This town has had
allegations of our Acting City Manager that he lacks the support of the small business owners
here in the City all of which was swept under the carpet never addressed and flat out ignored.
Yet, we see Councilmember Miller supporting the local youth of all ethnicity, race, creed,
religions and color yet he is facing public condemnation. I was so proud of the citizens who
joined together and made their voices heard over the naming dispute of the new high school.
I say it is time we join together again and get to the bottom of what is really going on in this
City and what is happening to our taxpayer dollars. Something is seriously wrong when we
have an outstanding, well respected Mayor of a small town like Grand Terrace that the City
Officials seem necessary to withhold information from her. I support Jim Miller as.a
Council Minutes
07/28/2009
Page 4
business owner,tax payer, citizen and who I grown to be called a friend.
Terrilee Robb, 12168 Mt.Vernon Avenue#28,stated that she has been a resident of the City
of Grand Terrace since 1976 and been involved in community activities for many years. She
has known and admired Jim Miller for over 15 years. He has hundreds of hours of volunteer
service to the community demonstrating the caliber of his commitment. His integrity and her
experience is unquestionable. When she heard the allegations against Jim Miller, she was
shocked because they are the antipathist of everything that she knows about the man. The
manner in which this matter was brought to the attention of the authorities, the subsequent
grand stand reaction of law enforcement and the over reaction of the media to what should
have been a minor local news event, she finds very disturbing. It seems to denote a
viscousness,inappropriate to our City Government. She would like to ask the City Council
to investigate and take action on why the San Bernardino County Sheriffs Department
responded to two calls from Grand Terrace City Offices on Monday,July 27`h. Disturbances
reported to the Sheriffs Department by City Employees are a concern of all residents of
Grand Terrace and the City Council represents the residents in this concern. Having been
involved in the Community for so many years she naturally has heard every rumor to
circulate in the City. I can not attest to the truth of any of them but in Jim Miller's case
charges have been made and not yet proved and a media circus created, which has already
adversely affected him and his family. This is a situation that could possibly happen to
anyone of the Council Members should someone make allegations that turn out to be false,
insignificant or irrelevant. It therefore behooves each council member to consider well when
taking actions that affect this City's well being and reputation. She will probably be around
for the next local election and her vote will be based on the actions that the Council takes in
these matters.
Frances Carter, 11938 Arliss Drive,thanked the Council for the opportunity to speak. She
has been a resident of Grand Terrace for over 44 years and her husband even longer. They
love Grand Terrace. They have been privileged to call Jim and Margie Miller their friends
for nearly ten years. They love,respect them and admire their integrity. They are not only
their friends,they are a tremendous asset to the community. They both have given of their
time and money on numerous projects and one of the first to help the unfortunate. The
situation with Jim is not only unfair but tragic. This was not an intentional act, it is tearing
their lives apart. They only wanted to be of service to the community that they love,it was
a mistake and they are willing to make it right. Nobody realized that using the City News
was a violation,not even the City Attorney who you think would protect our local officials,
nor the other Council Members who should watch out for each other,who also voted on the
check registers. Everyone in the community knows that Margie is the owner of City News.
They sincerely thought that since it was a separate not jointly owned business enterprise it
was exempt from violation of which Jim is accused. She feels that everyone is at fault but
there is one person taking the brunt of this emotionally,financially and physically. She has
no respect for the gutless wonder who anonymously tipped the District Attorney's-Office of
Council Minutes
07/28/2009
Page 5
suspected wrong doing. If you are so righteous why not put your name behind it. We all
have our suspicions on who is responsible and who turned this incident into a public media
circus. Jim Miller has the support of the community,they are here to show their support and
will be with him all the way,they are not going anywhere. They sincerely appreciate all that
he has done and his unselfish support of the community. It is a better place because of Jim
and Margie Miller. The City needs to heal and it can only be done by the removal of Steve
Berry and appointing someone who will lead the City by working together. She is tired of
all the back fighting and innuendos. The City needs a leader who can instill confidence and
fairness not fear.
Gene Carlstrom, 12034 La Crosse, stated that he is a former Councilmember and former
Mayor Pro Tem.He stated that he is appalled at the treatment of Councilmember Jim Miller.
He was treated worse than a common criminal. Jim served his Country in the Marine Corps
and many civic events including supporting the Boy Scout Troops in Grand Terrace. He has
served Grand Terrace well. What has taken place has certainly caused a blight on this
community and those responsible have certainly disturbed the peace and good order of the
City and its reputation of being a bedroom community where everyone wants to live. He
feels that appropriate action should be taken on his behalf.
Jeffrey McConnell, Walnut Avenue, stated that he recently stated publicly that we will get
through this. Grand Terrace is strong. He reported that he was one of five or six people that
stood before the Council and repeatedly insisting, demanding,requesting that we place the
legal notices in a local paper instead of being hidden somewhere in the pages of the Sun or
the Press Enterprise. He is glad that it was finally done and would like it to continue that
way,he doesn't care who owns the paper the residents need to be informed. It is interesting
that everyone is against whoever filed the complaint anonymously. He hoped that people
feel the same way about people who hide behind enmity and the local blog that sometimes
says things that aren't so nice. He has spoken for a lot of public hearings for local
development and he has always requested that the developer try to hire from within Grand
Terrace,whether it is temporary or full-time. He wants to keep business in Grand Terrace.
Doug Wilson, 12168 Observation Drive, stated that on July 14t' a business person was
allowed an out of sequence opportunity to stand at the podium and voice an opinion. A
breach of protocol maybe but the mood branched into an emotional and unwarranted scene
that rubbed him raw as a citizen. Rather than dumbly accept the rumor,he investigated the
truth on his own. A very wise man said, "if we start right it is easy to go right all the time,
but if we start wrong we may go wrong and it will be a hard matter to get right." This is the
truth. Margie Miller did not buy the property located east of City Hall from the
Redevelopment Agency. He has the deed that shows a woman named Ross granted it to her
as her sole and separate property on March 6, 2006. The property had been labeled
condemned in lieu of electrical upgrades. Anyone could have completed the upgrades and
restored the property. He has a letter dated August 9,2006 from the City of Grand Terrace
Council Minutes
07/28/2009
Page 6
Building Department detailing the legal rehabilitation performed to cure and closed the code
compliance case against it. Everyone knows that it was an eye sore for a while but it was a
sentimental eye sore. Anyone could have done it but Margie Miller should be thanked for
gambling with her own money to restore it, now the place is an asset. He also has the City
Attorneys letter dated August 8, 2006 stating that the whole City is a Redevelopment Area
but because the property was purchased as sole and separate property to be utilized in a
business, even though Mrs. Miller husband is a member of the Redevelopment Agency
Board,there is no conflict with State Statutes and Margie Miller was completely within her
right to purchase,rehabilitate,and occupy the property the way that she did. That is the final
word on that. He thanked the Mayor and the Council for their action on the 14`",they stood
for something,please stand firm.
Jewlie Moyers-Serra,22805 Kentfield Street,stated that not so long ago Grand Terrace was
the place to live, now after many months of being portrayed as a poorly written soap opera
and spread all over the news and the newspapers,we as residents of Grand Terrace are done,
they are done with Steve Berry and his unethical behavior and political maneuvers. The
residents and City Employees do not deserve the disrespect and fear that Steve has displayed
over and over. Many residents were afraid to attend the meeting tonight because of fear of
retaliation from Steve. This is not someone that she wants to be in charge and lead the City.
Steve should have been let go when the decision was made that he would not be eligible for
the City Manager position. Instead, he continues to be a cancer in town and bully the
residents and city employees. A manager is needed that is compassionate about Grand
Terrace as the residents are. They need someone who is loyal and honest and will not let the
power of the position got to their head. Steve does not have nor demonstrate any of those
qualities. She speaks for herself and many other residents that they are done with this
dictator. As for Bea Cortes,they are not dumb,they see whose team she is on,the residents
did not elect her to abstain because of fear of her friends. They can all read between the
lines. She encouraged Bea Cortes not to waste her time,money or effort running for Council
again she has disappointed the residents with her behavior as well.
Patricia Farley, 12513 Michigan Street, stated that a few years ago she got awoken and
started looking into what was going on in Grand Terrace. It has been very obvious,through
not just her comments but documents that she has seen,that there have been many conflicts
of interest in this City,mismanagement and a good buddy system at the expense of the other
citizens in the community. She personally believes that she was bad mouthed by the powers
that be within the City and there have been a lot of citizens in Grand Terrace that were naive
enough to listen and blame her. She would like to tell the citizens of Grand Terrace that they
should be appalled at what has happened in the City in the last couple of months. She feels
that the blame goes much further. City Hall is being run by intimidation and bullies and it
needs to stop.
REPORTS
Council Minutes
07/28/2009
Page 7
5A. Committee Reports
1. Community Emergency Response Team(C.E.R.T.)
a. Minutes of June 2, 2009
CC-2009-95 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
MILLER, CARRIED 5-0, to accept the June 2, 2009 Minutes of the Community
Emergency Response Team(C.E.R.T.).
5B. Council Reports
Mayor Pro Tem.Lee Ann Garcia,thanked everyone for coming to the meeting. It is a very
difficult time in the history,of Grand Terrace. Grand Terrace is 31 years as a City. One time
she was at UCR and there was a professor there that likened a City to a person. He said that
a City has a life cycle just like a person does and it got her to think about the different
decades that Grand Terrace has had. She thought that a person after 31 years is probably
highly unlikely that you have never had a difficult time in their life. It is difficult because
she has great confidence in the people of the community. She stated that Grand Terrace is
small but mighty. She feels that the Council on a whole works as a team. They care and
support each other. She feels that one of the hardest things about being elected are the laws
that bind them. They don't like them but if they don't follow them they can have serious
problems. A lot of the laws have to do with what they can and can not share with the
residents. She has gotten comments from people that are fearful or want certain issues taken
care of. Personnel issues and other things they are advised not to discuss for the betterment
of the City. They have to avoid legal issues. She doesn't want the community to get the idea
that she doesn't want to share ideas with them but she does at all times want to follow the
law that they are required to follow as elected officials. She is committed to keep Grand
Terrace financially strong, safe and positive. She believes that these tough economic times
will spotlight Grand Terrace's resiliency and strength as a City. She has also always believed
that Grand Terrace is different because of the people that choose to call Grand Terrace home.
She feels that people choose a small community because they want to know about their
neighbors and care about them. She thanked the volunteers and the long standing residents
that do so much for the community. She feels that the Council will do as a whole what the
residents want. She thanked City Staff,this has been an incredibly difficult time for our staff
members and wants them to know how deeply they are appreciated and she thanked the
residents of Grand Terrace for their deep love and devotion to the City. It is and has always
been a tremendous honor and pleasure to serve the residents of Grand Terrace. Here is to
working together to charting a bold new course for our City to not only survive but thrive in
these difficult times.
Councilmember Jim Miller,stated that it has been a very difficult time for he and his family.
He stated that he is very humbled by all of the people who have come out tonight in support
Council Minutes
07/28/2009
Page 8
of he and his family,he loves everyone of them. He apologized to the Council,residents,all
of his friends and to his wife for what has happened over the last two weeks. It has been
horrible and he wouldn't want to wish it on anyone. They will continue to fight and
hopefully with everyone's support win this. Thanks to everyone for all of their support.
Councilmember Walt Stanckiewitz, thanked everyone for coming out and expressing their
opinions. He stated that it means a lot and that he is listening. He thanked those who sent
e-mails in support of Jim and he pledge to those that he will support Jim as far as it goes to
get it done and he is sorry. He announced that last week his daughter turned 21 and they took
her to Vegas to celebrate her birthday and while they were there her boyfriend proposed to
her and he wishes her the best.
Mayor MgUetta Ferre, reported that the League of California Cities Conference is in San
Jose in September. No one will be attending the conference and she directed City Clerk
Brenda Mesa to notify them. She stated that the next Council Meeting was going to be
canceled,however,the Community and Economic Development Director Joyce Powers has
indicated that she has an item that needs to be heard no later than August 12 , 2009. She
questioned if Council would be available for the meeting on August 11, 2009.
i
It was the consensus of the Council to hold a meeting on August 11, 2009.
Mayor Ferre,has been and is extremely upset with the way in which Jim Miller and his wife
have been treated and what they have to endure. No one should have to go through that and
she is very sorry.
PUBLIC HEARINGS -None
UNFINISHED BUSINESS -None
NEW BUSINESS
8A. Approve New Senior Center Use Policy and Fee Schedule
JoAnn Johnson, 12723 Mt. Vernon Avenue, stated that there are some areas of this policy
that she is uncomfortable with,however,in general she believes that it is a good policy. She
would like to emphasize that she feels very strongly that the Senior Center should remain a
Senior Center and not become a community center. She believes that the use of the center
should be at the discretion of the seniors and by invitation of the seniors. The fact that the
policy can be changed, if necessary, gives her a certain amount of comfort. She stated that
she does stand behind the policy.
CC-2009-95 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
Council Minutes
07/28/2009
Page 9
CORTES,CARRIED 5-0,to approve the Senior Center Use Policy and Fee Schedule
with the incorporation of JoAnn Johnson's comments and to bring back an Ordinance
to incorporate the fees into the City Code.
8B. Treasurer's Report for Quarter Ending June 30, 2009
CC-2009-96 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
Y STANCKIEWITZ, CARRIED 5-0, to approve the quarterly Treasurer's Report for
June 30, 2009.
8C. Resolution Providing for a Sewer System Management Plan to Comply with State
Water Resource Control Board Mandatory Requirements
CC-2009-97 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to approve a Resolution establishing a Sewer
System Management Plan with the inclusion of the reference to C.E.R.T. and to
Communicate with C.E.R.T. regarding the Sewer System Management Plan.
8D. Consider the Layoff of the Assistant City Manager Pursuant to Rule IX of the Rules
and Regulations for the Administration of Personnel Matters in the Interest of
Economy as a Result of the Prior City Council Action Abolishing the Assistant City
Manager Position
CC-2009-98 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES, CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), to
layoff the Assistant City Manager Pursuant to Rule IX of the Rules and Regulations
for the Administration of Personnel Matters in the Interest of Economy as a Result
of the Prior City Council Action Abolishing the Assistant City Manager Position.
CLOSED SESSION
9A. Pursuant to Government Code Section 54957(b)(1)to Consider the Appointment of
Acting City Manager Pursuant to GTMC 2.08.030
Cynthia Bidney, 12219 Pascal,expressed her concern about the reputation and the future of
Grand Terrace. She feels that Steve Berry has been a liability to the City,its citizens and the
Council as the representatives of Grand Terrace. It has been a well known fact that the
Council values the reputation of Grand Terrace. Steve has drug the City through the mud for
a number of years. She has heard it said that if you want to tear down an army first tear down
their morale. Her experience in dealing with Mr. Berry has been argumentative and
accosting to the point that she felt fearful for her safety and for that of her family. He has
publicly accused her of being Grandpa Terrace,others have told her that he has also accused
Council Minutes
07/28/2009
Page 10
them of the same thing. She doesn't understand his paranoia. Why does he want to find out
who Grandpa Terrace is. She feels that if you have nothing to hide, then you have got
nothing to fear. She recalled that during an Easter Sunday Sunrise Service he confronted her
about her views on a Barton Road Project. He didn't want to listen and he angrily told her
"why did you move into that house,you should have known what would happen."She feels
that it was Mr. Berry's job to educated the residents. It frightens her that he invites felons
to work in the City, much worse having them work under false pretenses at the Child
Development Center. She thought that everyone that works at the Child Development Center
has to have a background check. She questioned what was he thinking,not of the safety of
those who work there nor the children. She stated that others have warned her that you don't
want to cross Steve Berry because he has a list of favors he keeps just in case he needs them.
That may be here say,however, it is obvious that Jim Miller upset him so he pulled out one
of those cards and had him arrested. She feels that he has more on the Council and feels that
it is beginning to look like the Council is afraid of him. She feels that Mr. Berry is
calculating and vindictive. She feels as though he is a master at dividing the citizens for his
selfish gain. She questioned that if Mr. Berry practices deceit and embezzlement then why
doesn't the Council do the right thing and have him turn in his keys and escort him off the
property.
Bernardo Sandoval, 22950 DeBerry, stated that at the last meeting there was a woman that -
spoke about Grand Terrace not being Russia. That statement touched him very deeply. He
believes that until you are in countries where you are not allowed to speak freely,where the
rule of law is an instrument used by government to control,manipulate and dictate to people
what they can and can't do, can and can't say, not for the motives to protect the people but
to keep themselves in power and for self gain or financial benefits. He feels that when you
begin to understand what the woman was saying that this is not Russia,he reiterated to Mr,
Berry that Grand Terrace is not Russia. He feels that the things that have been done are
inaccurate and improper. He stated that Mr. Berry has been writing and taking notes while
Mr.Miller spoke. He stated that he is not part of the establishment,not part of the old guard
or the new guard. He doesn't understand the reports that are coming to him about people
being afraid to speak, City Employees afraid for their jobs, City Councilmembers that are
intimidated to move against or speak openly against Mr. Berry. He feels that this is unjust
and that you don't have to be an attorney or close friend of Mr. Miller to understand the
injustice that is being done. He feels that when the rule of law is used to control,manipulate
and keep people boxed off and causes community activist to be afraid for their groups or
clubs and afraid of getting their funding cut off, it is wrong and an injustice that the City
does not deserve and something that should not be tolerated not today or ever. He expressed
his sorrow for the injustice that has been allowed to occur to Mr. Miller.
Patricia Farley, 12513 Michigan,stated that whoever asked the District Attorney to prosecute
Jim Miller did not have concern for protecting the rights of the citizens of Grand Terrace.
She feels that it was purely vindictive should not be tolerated. The residents need to know
Council Minutes
07/28/2009
Page 11
that there are people in the D.A.'s office that allowed themselves to be part of this. They
need to know from the citizens of Grand Terrace that this is not acceptable, that they are
aware and it will not be tolerated. She stated what stuns her the most is that after what the
Council knows for fact,why is Mr. Berry allowed to step in to City Hall. She feels that the
Council should have held an emergency meeting to stop him from any further business in
Grand Terrace. Somebody needs to protect Grand Terrace. She is concerned that nice decent
i people are going to be unwilling to serve on the Council when they are framed like this. She
also stated that she feels Grand Terrace needs better legal representation. She has been
disappointed many times. Councilmembers are not attorneys. She stated that Mr. Miller
openly voted on check registers, it wasn't a secret, it wasn't someone trying to hide an evil
thing. She believes that things have gone on and that it wasn't just Mr. Berry it was Mr.
Schwab also. The City needs to be cleaned up. She feels that Mr. Miller is a victim of
viscous people in the City and in the County and she won't tolerate it.
CC-2009-99 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA,
CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), that this
decision by the Council is not intended to reflect on Steve Berry's integrity or skills.
The Council however,feels that under the current circumstances it is impossible for
Steve to provide the leadership of staff and the City necessary to continue as Acting
City Manager. The City Council therefore names Bernie Simon as the Acting City
Manager until the City selects a permanent City Manager.
Mayor Ferr6 adjourned the meeting at 8:28 p.m., until the next City Council Meeting which is
scheduled to be held on Tuesday, August 11, 2009 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
CITY OF GRAND TERRACE PEWNG CITY COUNCIL APPROVAL
CITY COUNCIL MINUTES
REGULAR MEETING -JULY 28,2009
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 July 28,
2009 at 6:00 p.m.
PRESENT: Maryetta Ferre, Mayor
Lee Ann Garcia, Mayor Pro Tem
Bea Cortes, Councilmember
Jim Miller, 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
Lt. Tony Allen, San Bernardino County Sheriff's Department
John Salvate, San Bernardino County Fire Department
1
ABSENT: None
The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia,followed
by the Pledge of Allegiance led by Councilman Jim Miller.
CONVENE CITY COUNCIL MEETING
ITEMS TO DELETE
Mayor Ferre announced that item 2A. Chamber of Commerce Business of the Month will
be deleted from the Agenda.
SPECIAL PRESENTATIONS -None '
CONSENT CALENDAR
CC-2009-9'3 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE,
CARRIED 5-0,to approve the following Consent Calendar Items with the Removal
of Item 3A:
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of 07-14-2009 Minutes
COUNCIL AGENDA ITEM NO,3C,
Council Minutes
07/28/2009
Page 2
3D. Continuing Appropriations
3E. Award Contract for Glendora Drive Street Improvements,Bid No. GTB-09-
05 (Rialto Construction, Inc.)
3F. City Annual Financial Statement FY 2007-2008
3G. Reject Liability Claim GTLC-09-01 (Saenz)
ITEM REMOVED FROM THE CONSENT CALENDAR
3A. Approve Check Register Dated 07-28-2009
CC-2009-94 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES,CARRIED 5-0,to approve the following item that was removed from the
Consent Calendar:
3A. Approve Check Register Dated 07-28-2009
PUBLIC COMMENT
Roy Nix, 12173 Country Club Lane,stated that it seems that the charges against Councilman
Miller are in the hands of the court at this time but he is sure that there will be much
publicity. He wanted to remind everyone of the fantastic service that has been provided by
Jim Miller and his wife Margie Miller over the last two decades in this City. Jim has had a
leading effort in fundraisers for the Chamber of Commerce, every project of the Grand
Terrace Lions Club over the past two decades, they have supported projects of the Grand
Terrace Woman's Club, they led the aid and support of fire victims in Grand Terrace. He
stated that he doesn't pretend to know the legal ramifications of the charges,however,what
he sees from the newspapers is repeatedly voting on consent calendar items regarding checks
of payment for services rendered to the City by the Grand Terrace City News. He stated that
these are decisions of shall we pay our obligations or not. He doesn't see how it can be
anything but one answer to that question. He feels that it is not an issue of are we going to
enter into a contract but are we going to pay legal obligations for services received. He
would encourage citizens to stand behind Jim Miller and encouraged the Council to do
everything that they can on behalf of a great public servant.
Corrine Robinson, 22145 DeBerry Street, expressed her shock when she read in the
newspaper about the arrest of Jim Miller. She questioned if the City Council wasn't aware
of it then how did the District Attorney come in and investigate him and why.
City Attorney John Harper, responded that an anonymous complaint was given.
Corrine Robinson, anonymous to her means that the person that filed the complaint had no
guts because they wouldn't stand behind what they were trying to accomplish. Councilman
Council Minutes
07/28/2009
Page 3
Jim Miller was arrested on Conflict of Interest Charges. This arrest is either ridiculous or
all of the members on the City Council that were at these events when they occurred should
be arrested also. We are a small community where everyone knows what everyone else is
doing. The entire City Council knows that Margie Miller owns the Grand Terrace City News
Paper and that her husband is a member of the Grand Terrace City Council. She stated that
the Council knew that the City was advertising in the Grand Terrace City News and if this
3% was a conflict of interest they were bound to bring up the conflict before approving any
advertising. While she feels that Jim Miller should have erred on the side of caution and
abstained from voting when the advertising came on the agenda she finds it impossible to
believe that he should lose his j ob,serve time in prison for a crime when everyone in the City
was aware.
Gwen Reese, 22488 Barton Road, she expressed her support for Councilman Miller. She
read a statement on behalf of her daughter: Hello Grand Terrace citizens,business owners,
Councilmembers, City and State Officials, I have known and had the pleasure of working
with several of the City officials, including Jim Miller and his wife Margie Miller. When I
heard of his arrest I was in shock and disheartened that an outstanding community leader
such as Mr. Miller was incarcerated on a felony charge that wreaked of a personal dispute.
What I find somewhat amusing is that in the day where I am a small business owner who is
suffering from this economic downfall on the heels of an election year there is money
missing from the City of Grand Terrace and larger and personally acquainted businesses are
-J allowed to come into this community while we the small business owners are drowning as
we watch these new buildings being set-up across the City. Why are we arresting
Councilman Miller when there are accusations of corruption, money laundering and new
businesses benefitting from our tax dollars. Mr. Miller is one of the rare diamonds in the
rough,a true oxymora,dare I say an honest politician. 'Mr.Miller and I do not see eye to eye
of most of the personal views of politics, however, we do see that the children of our
community are our first priority. He not only sponsors several events involving the Cub
Scouts,which my son was a part of,but also the performing arts school. To condemn a man
over personal matters that have been resolved at least three years ago when we have money
missing corruption allegations small businesses going out of business due to the larger
companies coming in and a larger scale of government cutting police departments,probation
departments, teachers and funding for the homeless is quite baffling. This town has had
allegations of our Acting City Manager that he lacks the support of the small business owners
here in the City all of which was swept under the carpet never addressed and flat out ignored.
Yet, we see Councilmember Miller supporting,the local youth of all ethnicity, race, creed,
religions and color yet he is facing public condemnation. I was so proud of the citizens who
joined together and made their voices heard over the naming dispute of the new high school.
I say it is time we join together again and get to the bottom of what is really going on in this
City and what is happening to our taxpayer dollars. Something is seriously wrong when we
have an outstanding,well respected Mayor of a small town like Grand Terrace that the City
Officials seem necessary to withhold information from her. I support Jim Miller as a
Council Minutes
07/28/2009
Page 4
business owner,tax payer, citizen and who I grown to be called a friend.
Terrilee Robb, 12168 Mt.Vernon Avenue#28,stated that she has been a resident of the City
of Grand Terrace since 1976 and been involved in community activities for many years. She
has known and admired Jim Miller for over 15 years. He has hundreds of hours of volunteer
service to the community demonstrating the caliber of his commitment. His integrity and her
experience is unquestionable. When she heard the allegations against Jim Miller, she was
shocked because they are the antipathist of everything that she knows about the man. The
manner in which this matter was brought to the attention of the authorities,the subsequent
grand stand reaction of law enforcement and the over reaction of the media to what should
have been a minor local news event, she finds very disturbing. It seems to denote a
viscousness,inappropriate to our City Government. She would like to ask the City Council
to investigate and take action on why the San Bernardino County Sheriffs Department
responded to two calls from Grand Terrace City Offices on Monday,July 27``'. Disturbances
reported to the Sheriffs Department by City Employees are a concern of all residents of
Grand Terrace and the City Council represents the residents in this concern. Having been
involved in the Community for so many years she naturally has heard every rumor to
circulate in the City. I can not attest to the truth of any of them but in Jim Miller's case
charges have been made and not yet proved and a media circus created, which has already
adversely affected him and his family. This is a situation that could possibly happen to _
anyone of the Council Members should someone make allegations that turn out to be false,
insignificant or irrelevant. It therefore behooves each council member to consider well when
taking actions that affect this City's well being and reputation. She will probably be around
for the next local election and her vote will be based on the actions that the Council takes in
these matters.
Frances Carter, 11938 Arliss Drive,thanked the Council for the opportunity to speak. She
has been a resident of Grand Terrace for over 44 years and her husband even longer. They
love Grand Terrace. They have been privileged to call Jim and Margie Miller their friends
for nearly ten years. They love, respect them and admire their integrity. They are not only
their friends,they are a tremendous asset to the community. They both have given of their
time and money on numerous projects and one of the first to help the unfortunate. The
situation with Jim is not only unfair but tragic. This was not an intentional act, it is tearing
their lives apart. They only wanted to be of service to the community that they love, it was
a mistake and they are willing to make it right. Nobody realized that using the City News
was a violation,not even the City Attorney who you think would protect our local officials,
nor the other Council Members who should watch out for each other,who also voted on the
check registers. Everyone in the community knows that Margie is the owner of City News.
They sincerely thought that since it was a separate not jointly owned business enterprise it
was exempt from violation of which Jim is accused. She feels that everyone is at fault but
there is one person taking the brunt of this emotionally, financially and physically. She has
no respect for the gutless wonder who anonymously tipped the District Attorney's Office of
Council Minutes
07/28/2009
Page 5
suspected wrong doing. If you are so righteous why not put your name behind it. We all
have our suspicions on who is responsible and who turned this incident into a public media
circus. Jim Miller has the support of the community,they are here to show their support and
will be with him all the way,they are not going anywhere. They sincerely appreciate all that
he has done and his unselfish support of the community. It is a better place because of Jim
and Margie Miller. The City needs to heal and it can only be done by the removal of Steve
Berry and appointing someone who will lead the City by working together. She is tired of
all the back fighting and innuendos. The City needs a leader who can instill confidence and
fairness not fear.
Gene Carlstrom, 12034 La Crosse, stated that he is a former Councilmember and former
Mayor Pro Tem.He stated that he is appalled at the treatment of Councilmember Jim Miller.
He was treated worse than a common criminal. Jim served his Country in the Marine Corps
and many civic events including supporting the Boy Scout Troops in Grand Terrace. He has
served Grand Terrace well. What has taken place has certainly caused a blight on this
community and those responsible have certainly disturbed the peace and good order of the
City and its reputation of being a bedroom community where everyone wants to live. He
feels that appropriate action should be taken on his behalf.
Jeffrey McConnell, Walnut Avenue, stated that he recently stated publicly that we will get_
through this. Grand Terrace is strong. He reported that he was one of five or six people that
stood before the Council and repeatedly insisting, demanding, requesting that we place the
legal notices in a local paper instead of being hidden somewhere in the pages of the Sun or
the Press Enterprise. He is glad that it was finally done and would like it to continue that
way,he doesn't care who owns the paper the residents need to be informed. It is interesting
that everyone is against whoever filed the complaint anonymously. He hoped that people
feel the same way about people who hide behind enmity and the local blog that sometimes
says things that aren't so nice. He has spoken for a lot of public hearings for local
development and he has always requested that the developer try to hire from within Grand
Terrace,whether it is temporary or full-time. He wants to keep business in Grand Terrace.
Doug Wilson, 12168 Observation Drive, stated that on July 14`h a business person was
allowed an out of sequence opportunity to stand at the podium and voice an opinion. A
breach of protocol maybe but the mood branched into an emotional and unwarranted scene
that rubbed him raw as a citizen. Rather than dumbly accept the rumor,he investigated the
truth on his own. A very wise man said, "if we start right it is easy to go right all the time,
but if we start wrong we may go wrong and it will be a hard matter to get right." This is the
truth. Margie Miller did not buy the property located east of City Hall from the
Redevelopment Agency. He has the deed that shows a woman named Ross granted it to her
as her sole and separate property on March 6, 2006. The property had been labeled
condemned in lieu of electrical upgrades. Anyone could have completed the upgrades and
restored the property. He has a letter dated August 9,2006 from the City of Grand Terrace
Council Minutes
07/28/2009
Page 6
Building Department detailing the legal rehabilitation performed to cure and closed the code
compliance case against it. Everyone knows that it was an eye sore for a while but it was a
sentimental eye sore. Anyone could have done it but Margie Miller should be thanked for
gambling with her own money to restore it,now the place is an asset. He also has the City
Attorneys letter dated August 8, 2006 stating that the whole City is a Redevelopment Area
but because the property was purchased as sole and separate property to be utilized in a
business, even though Mrs. Miller husband is a member of the Redevelopment Agency
Board,there is no conflict with State Statutes and Margie Miller was completely within her
right to purchase,rehabilitate,and occupy the property the way that she did. That is the final
word on that. He thanked the Mayor and the Council for their action on the 14",they stood
for something, please stand firm.
Jewlie Moyers-Serra,22805 Kentfield Street,stated that not so long ago Grand Terrace was
the place to live, now after many months of being portrayed as a poorly written soap opera
and spread all over the news and the newspapers,we as residents of Grand Terrace are done,
they are done with Steve Berry and his unethical behavior and political maneuvers. The
residents and City Employees do not deserve the disrespect and fear that Steve has displayed
over and over. Many residents were afraid to attend the meeting tonight because of fear of
retaliation from Steve. This is not someone that she wants to be in charge and lead the City.
Steve should have been let go when the decision was made that he would not be eligible for
the City Manager position. Instead, he continues to be a cancer in town and bully the
residents and city employees. A manager is needed that is compassionate about Grand
Terrace as the residents are. They need someone who is loyal and honest and will not let the
power of the position got to their head. Steve does not have nor demonstrate any of those
qualities. She speaks for herself and many other residents that they are done with this
dictator. As for Bea Cortes,they are not dumb,they see whose team she is on,the residents
did not elect her to abstain because of fear of her friends. They can all read between the
lines. She encouraged Bea Cortes not to waste her time,money or effort running for Council
again she has disappointed the residents with her behavior as well.
Patricia Farley, 12513 Michigan Street, stated that a few years ago she got awoken and
started looking into what was going on in Grand Terrace. It has been very obvious,through
not just her comments but documents that she has seen,that there have been many conflicts
of interest in this City,mismanagement and a good buddy system at the expense of the other
citizens in the community. She personally believes that she was bad mouthed by the powers
that be within the City and there have been a lot of citizens in Grand Terrace that were naive
enough to listen and blame her. She would like to tell the citizens of Grand Terrace that they
should be appalled at what has happened in the City in the last couple of months. She feels
that the blame goes much further. City Hall is being run by intimidation and bullies and it
needs to stop.
REPORTS
Council Minutes
07/28/2009
Page 7
5A. Committee Reports
1. Community Emergency Response Team(C.E.R.T.)
a. Minutes of June 2, 2009
CC-2009-95 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
MILLER, CARRIED 5-0, to accept the June 2, 2009 Minutes of the Community
Emergency Response Team (C.E.R.T.).
5B. Council Reports
Mayor Pro Tern Lee Ann Garcia,thanked everyone for coming to the meeting. It is a very
difficult time in the history of Grand Terrace. Grand Terrace is 31 years as a City. One time
she was at UCR and there was a professor there that likened a City to a person. He said that
a City has a life cycle just like a person does and it got her to think about the different
decades that Grand Terrace has had. She thought that a person after 31 years is probably
highly unlikely that you have never had a difficult time in their life. It is difficult because
she has great confidence in the people of the community. She stated that Grand Terrace is
small but mighty. She feels that the Council on a whole works as a team. They care and
support each other. She feels that one of the hardest things about being elected are the laws
that bind them. They don't like them but if they don't follow them they can have serious
problems. A lot of the laws have to do with what they can and can not share with the
residents. She has gotten comments from people that are fearful or want certain issues taken
care of. Personnel issues and other things they are advised not to discuss for the betterment
of the City. They have to avoid legal issues. She doesn't want the community to get the idea
that she doesn't want to share ideas with them but she does at all times want to follow the
law that they are required to follow as elected officials. She is committed to keep Grand
Terrace financially strong, safe and positive. She believes that these tough economic times
will spotlight Grand Terrace's resiliency and strength as a City. She has also always believed
that Grand Terrace is different because ofthe people that choose to call Grand Terrace home.
She feels that people choose a small community because they want to know about their
neighbors and care about them. She thanked the volunteers and the long standing residents
that do so much for the community. She feels that the Council will do as a whole what the
residents want. She thanked City Staff,this has been an incredibly difficult time for our staff
members and wants them to know how deeply they are appreciated and she thanked the
residents of Grand Terrace for their deep love and devotion to the City. It is and has always
been a tremendous honor and pleasure to serve the residents of Grand Terrace. Here is to
working together to charting a bold new course for our City to not only survive but thrive in
these difficult times.
Councilmember Jim Miller,stated that it has been a very difficult time for he and his family.
He stated that he is very humbled by all of the people who have come out tonight in support
Council Minutes
07/28/2009
Page 8
of he and his family,he loves everyone of them. He apologized to the Council,residents,all
of his friends and to his wife for what has happened over the last two weeks. It has been
horrible and he wouldn't want to wish it on anyone. They will continue to fight and ,
hopefully with everyone's support win this. Thanks to everyone for all of their support.
Councilmember Walt Stanckiewitz, thanked everyone for coming out and expressing their
opinions. He stated that it means a lot and that he is listening. He thanked those who sent
e-mails in support of Jim and he pledge to those that he will support Jim as far as it goes to
get it done and he is sorry. He announced that last week his daughter turned 21 and they took
her to Vegas to celebrate her birthday and while they were there her boyfriend proposed to
her and he wishes her the best.
Mayor Maryetta Ferr6, reported that the League of California Cities Conference is in San
Jose in September. No one will be attending the conference and she directed City Clerk
Brenda Mesa to notify them. She stated that the next Council Meeting was going to be
canceled,however,the Community and Economic Development Director Joyce Powers has
indicated that she has an item that needs to be heard no later than August 12 , 2009. She
questioned if Council would be available for the meeting on August 11, 2009.
It was the consensus of the Council to hold a meeting on August 11, 2009.
Mayor Ferr6,has been and is extremely upset with the way in which Jim Miller and his wife
have been treated and what they have to endure. No one should have to go through that and
she is very sorry.
PUBLIC HEARINGS -None
UNFINISHED BUSINESS -None
NEW BUSINESS
8A. Approve New Senior Center Use Policy and Fee Schedule
CC-2009-95 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
CORTES,CARRIED 5-0,to approve the Senior Center Use Policy and Fee Schedule
and to bring back an Ordinance to incorporate the fees into the City Code.
8B. Treasurer's Report for Quarter Ending June 30, 2009
CC-2009-96 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to approve the quarterly Treasurer's Report for
June 30, 2009.
Council Minutes
07/28/2009
Page 9
8C. Resolution Providing for a Sewer System Management Plan to Comply with State
Water Resource Control Board Mandatory Requirements
CC-2009-97 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
STANCKIEWITZ, CARRIED 5-0, to approve a Resolution establishing a Sewer
System Management Plan with the inclusion of the reference to C.E.R.T. and to
�-' Communicate with C.E.R.T. regarding the Sewer System Management Plan.
8D. Consider the Layoff of the Assistant City Manager Pursuant to Rule IX of the Rules
and Regulations for the Administration of Personnel Matters in the Interest of
Economy as a Result of the Prior City Council Action Abolishing the Assistant City
Manager Position
CC-2009-98 MOTION BY MAYOR PRO TEM GARCIA, SECOND-BY COUNCILMEMBER
CORTES, CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), to
layoff the Assistant City Manager Pursuant to Rule IX of the Rules and Regulations
for the Administration of Personnel Matters in the Interest of Economy as a Result
of the Prior City Council Action Abolishing the Assistant City Manager Position.
CLOSED SESSION
9A. Pursuant to Government Code Section 54957(b)(1)to Consider the Appointment of
Acting City Manager Pursuant to GTMC 2.08.030
CC-2009-99 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA,
CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), that this
decision by the Council is not intended to reflect on Steve Berry's integrity or skills.
The Council however,feels that under the current circumstances it is impossible for
Steve to provide the leadership of staff and the City necessary to continue as Acting
City Manager. The City Council therefore names Bernie Simon as the Acting City
Manager until the City selects a permanent City Manager.
Mayor Ferre adjourned the meeting at 8:28 p.m., until the next City Council Meeting which is
scheduled to be held on Tuesday, August 11, 2009 at 6:00 p.m.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
STAFF REPORT
BUILDING AND SAFETY-PUBLIC WORKS
CRA() COUNCIL (X) MEETING DATE: AUGUST 11,2009
SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 17766
APPLICANT: THE GREYSTONE GROUP, INC.
LOCATION: BEING A SUBDIVISION OF A PORTION OF LOTS 3 AND
4,BLOCK E,MAP OF RE-SUBDIVISION OF GRAND
TERRACE TRACT,AS PER SURVEYOR'S MAP
RECORDED IN BOOK 1 OF RECORDS OF SURVEYS,
PAGE 33,RECORDS OF COUNTY OF SAN BERNARDINO.
RECOMMENDATIONS: THAT THE CITY COUNCIL ADOPT RESOLUTION NO.
2009- TO:
1. APPROVE FINAL MAP NO. 17766.
2. ACCEPT PERFORMANCE BOND AND LABOR
r BONDS.
3. REQUEST THE MAYOR TO SIGN THE ATTACHED
SUBDIVISION AGREEMENT FOR TRACT NO.
17766.
4. REQUEST THE MAYOR TO SIGN CITY COUNCIL
CERTIFICATE ON ATTACHED TRACT MAP
MYLAR.
5. DIRECT THE CITY CLERK TO RECORD THE
TRACT MAP WITH THE SAN BERNARDINO
COUNTY RECORDERS OFFICE.
NO FUNDING REQUIRED.
BACKGROUND:
On November 20, 2007,the Planning Commission approved Tentative Tract Map (TTM) 05-03
for 35 single family residential condominium development at 11830 Mt. Vernon Avenue in the
City of Grand Terrace. The applicant is Greystone Group Inc.
COUNCIL AGENDA ITEM NO. �
1
Greystone Group Inc., has established performance and labor bonds through SureTec Insurance
Company naming the City of Grand Terrace as oblige for the guarantee for street improvements
to be performed on Mount Vernon Avenue. (Attached as Exhibit"A")
Greystone Group Inc.,has provided a signed subdivision agreement for the on-site
improvements. (Attached as Exhibit"B")
All conditions of approval and requirements of the tentative tract map have been met by
Greystone Group Inc.
RECOMMENDATION: Staff recommends the City Council approve final tract map 17766
and direct staff to record the attached documents with the San Bernardino County Recorders
Office.
FISCAL IMPACT: No fiscal impact.
Attachments: Exhibit"A",Bonds
Exhibit"B",Subdivision Agreement
Tract Map Mylar
L
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
APPROVING TRACT MAP NO. 17766,AND ACCEPTING LABOR AND
PERFORMANCE BONDS AND A SUBDIVISION AGREEMENT FROM GREENBRIER
GRAND TERRACE, INC.
WHEREAS, tract map 17766 has been previously approved by the Planning Commission on
November 20, 2007,
WHEREAS, all the conditions of approvals for recording Tract Map 17766 have been met by
the applicant Greystone Group Inc.,
WHEREAS, Greystone Group, Inc., applicant, has provided performance and labor bonds for
all off-site improvements on Mount Vernon Avenue as Greenbrier Grand Terrace, Inc.
WHEREAS, Greenbrier Grand Terrace Inc.,has signed a subdivision agreement for all on-site
and off site,improvements,
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace
that the City Council approvals Tract Map 17766, and accepts the faithful performance, labor
bonds and subdivision agreement for the street improvements which are to be performed on-site
and off-site at tract location known as 11830 Mount Vernon Avenue.
The bonds submitted by Greenbrier Grand Terrace, Inc., are faithful performance agreements for
work which is to be performed on Mount Vernon Avenue relating to tract map 17766, as follows:
Improvement IBond Number
Street improvements, curb, gutter 4374256
drive approaches.
BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Tract Map
Agreement on behalf of the City,
APPROVED AND ADOPTED this day of , 2009.
MAYOR
ATTEST: CITY CLERK
Attachment:Subdivision Improvement Performance Bond
3
EXHIBIT "A"
Bond No.:4374256 Term:7/14/09 to 7114/11
BOND FOR IMPROVEMENT OF SUBDIVISION ROAD
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Greenbrier Grand Terrace,Inc.
(OWNERS)
341 Bayside Drive,Suite 7,Newport Beach,CA 960
as Principal,and SureTec Insurance Company
Bonding Company)
952 Echo Lane,Suite 450,Houston,TX 77024
organized and existing under the laws of the State of Texas and authorized to act as
Surety in the State of California, as Surety, are held and firmly bound unto the CITY OF GRAND
TERRACE,State of California,in the just and full sum of Twenty Thousand Two Hundred Twenty-Six and 02/100
Dollars (S 20,226.02 ), lawful money of the United States, for the payment of which, well
and truly to be made,we bind ourselves,our heirs,administrators,executors,successors and assigns,jointly
and severally,firmly and by these presents.
The condition of the foregoing obligation is such that whereas said Principal()has entered into or
()is about to enter into the annexed Agreement with the City of Grand Terrace pursuant to the authority of
the Subdivision Map Act of the State of California for the improvement of the streets and easements
offered for dedication on the Final Map of Subdivision Tract No. 17766 or to be improved in
connection with said Subdivision and whereas this Bond is required by said City in connection with the
execution of said Agreement.
Greenbrier Grand Terrace,lnc.
NOW THEREFORE, if the said Principal shall and truly do and perform all of the
covenants and obligations of said Agreement on part to be done and performed at the times and
in the manner specified therein,then the above obligation shall be void and of no effect; otherwise it shall
be and remain in full force and effect.
And the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration or addition to the terms of the Agreement or to the work or improvements to be performed
thereunder or to the Plans or Specifications attached to said Agreement shall in any ways affect its
obligations on this Bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition to the terms of the Agreement or to the work or improvements or to the Plans or Specifications.
In the event suit is brought upon this Bond by the City and judgment is recovered,the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the
Court.
WITNESS OUR HANDS this 74 day of July 2009
Greenbrier Grand Terrace,Inc. SureTec Insurance Company
Principal Surety
Principal Atton�y-m-fact CIttached.
as H. Roder,Jr.
NOTE: Acknowledgements of execution by Principals and S r/ety must be Bond must be
attached to Agreement,Plans and Specifications.
5
POA#: 4221176
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Met: by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint -
Janis K.Tielke,Jerry Y.Bates,Charles H.Roder,Jr.,Rebecca S.Shuman,Sherrill A.Portis
of IIouston,Texas its true and lawful Attorneys)-in-fact,with full power and authority hereby conferred in its name,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
r
Five Million and no/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds 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 12/31/09 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 shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-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 facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June,A.D.2005.
5, N° TEC INS CE COMPANY
. '" `.•,o
wO, X q °V_ By:
w w ;n Bill King, re nt
State of Texas ss:
County of Harris j
On this 20th day of June,A.D. 2005 before me personally came Bill King,to me known,who, being by me duly sworn,did depose and say,that he
resides in Houston, Texas, 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.
Naicnene Denny
skft l�u X
• gals d Texas
���� Wy COmmiss mi Exphes Michelle Denny,Notary Pub tc
AUgUSf 27,2008 My commission expires August 27,2008
1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,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.
Given under my hand and the seal of said Company at Houston,Texas this 14 day of July ,2009 ,A.D.
2
M.Brent Beaty,Assistant Se re ry
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
6
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On _J lu , 2009, before me, Jenny Cunningham, Notary Public,
personally ppeared Walter B. Eeds, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JENNY CUNNINGH -
COMM.#1792245 n
NOTARY PUBLIC-CALIFORNIA —{
ORANGE COUNTY
Signature My Comm,Expires March 2.2012
7
Bond No.:4374256 Term:9/14109 to 9/14/11
MATERIAL AND LABOR BOND
Sanitary Sewer '
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Greenbrier Grand Terrace,Inc.
(OWNERS)
341 Bayside Drive,Suite 7,Newport Beach,CA 92660
as Principal,and SureTec Insurance Company
(Bonding Company)
952 Echo Lane,Suite 450,Houston,TX 77024
organized and existing under the laws of the State of Texas and authorized to act as
Surety in the State of California, as Surety, are held and firmly bound unto the CITY OF GRAND
TERRACE, State of California, in the just and full sum of Twenty Thousand Two Hundred Twenty-Six and 02/100
Dollars ($ 20,226.02 ), lawful money of the United States, for the payment of which, well
and truly to be made,we bind ourselves,our heirs,administrators,executors,successors and assigns,jointly
and severally,firmly and by these presents.
The condition of the foregoing obligation is such that whereas said Principal()has entered into'or
()is about to enter into the annexed Agreement with the City of Grand Terrace pursuant to the authority of
the Subdivision Map Act of the State of California, for the construction of a sanitary sewer system and all
appurtenances thereto, in accordance with Plans and Specifications for Tract 17766 , as approved
and on file with said City in connection with the execution of said Agreement.
NOW THEREFORE, if the said Principal or the subcontractors of said Principal shall fail to pay
for any materials,provisions,provender or other supplies or use of implements or machinery used in,upon,
for or about the performance of the work contracted to be done,or for any work or labor done thereon of
any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor,
the said Surety will pay the same to any amount not exceeding the sum above specified in this Bond,and:in
case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court. This Bond shall
insure to the benefit of any and all persons,companies and corporations entitled to file claims under Article
2 of Chapter 2 of Title 4 of the Code of Civil Procedure of the State of California, and all such persons,
companies, and corporations and their assigns shall have a right to action in any suit brought upon this
Bond.
And the said Surety, for value received,hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of Agreement or to the work or improvements to be performed
thereunder or to the Plans or Specifications attached to said Agreement shall in any way affects its
obligations on this Bond,and it does hereby waive notice of any such change,extension of time, alteration
or addition to the terms of the Agreement or to the work or improvements or to the Plans or Specifications.
In the event suit is brought upon this Bond by the City and judgment is recovered,the Surety shall
pay all costs incurred by the City in such suit,including reasonable attorney's fee to be fixed by the Court.
WITNESS OUR HANDS this 14 day of July 20 09
Greenbrier Grand Terrace,Inc. SureTec Insurance Company
Principal Surety
Principal Attorney-in- ct Charles H.Ro er,Jr.
NOTE: Acknowledgements of execution by Principals and Surety must,be attaelted. Bond must be
attached to Agreement,Plans and Specifications.
POA a: 4221176
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
snake,constitute and appoint
,Janis K.Tielke,Jerry Y.Bates,Charles H.Roder,Jr.,Rebecca S.Shuman,Sherrill A.Portis
of Houston,Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,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
z
Five Million and no/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds 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 Attorneys)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/09 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 shall 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 maybe 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
Attomey-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 facsimile seal shall be valid
and-binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to he hereto affixed this 20th day of June,A.D.2005.
TEC INSI CE COMPANY
Fv/{ X q'1 3 By; n/
i w w ;DR Bill King, re nt
I State of Texas ss: cc .1 6�t
County of Harris �' f
Or. this 20'ih day of June,A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say,that he
resides in Houston,Texas, 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.
REMy
oft
Note"
ptr� Michelle Denny,Notary Pub tc
08 My commission expires August 27,2008
1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,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.
Given under my hand and the seal of said Company at Houston,Texas this 14 day of July 20 09 ,A.D.
M.Brent Beaty,Assistant Se re ry I
i
Any instrument issued,in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
9
J '
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On �G(,�lJ� �� , 2009, before me, Jenny Cunningham, Notary Public,
personally appeared Walter B. Eeds, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within, instrument and
acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person, or'the entity upon behalf of which the person,
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OENNY CUNNINGHAM�COMM.#1792245 C7
NOTARY PUBLIC-CALIFORNIA
Signature mORANGE COUNTY O
My COMM EXPIrw Mrrah a,2012
1�
EXHIBIT "B"
11
SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Grand
Terrace, hereinafter referred to as "City", and Greenbrier Grand Terrace, Inc.
hereinafter referred to as "Subdivider", both of whom understand as follows:
Subdivider has presented to the City for approval a final subdivision map
(hereinafter called"Map) entitled: " TTM 17766
The map has been filed with the City Engineer of the City for presentation to the
City Council of the City for its approval, which map is hereby referred to and
incorporated herein;
Subdivider has requested approval of the map prior to the construction and
completion of improvements, including all streets, highways or public ways and public
utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called
"Subdivision") designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in, appurtenant to, or outside
the limits of subdivision, which plans and specifications are now on file in the office of
the City Engineer of City; }
This agreement is executed pursuant to the provisions of the Subdivision Map Act
of the State of California.
NOW THEREFORE, for and in consideration of the approval of the Map and of
the acceptance of the dedications, or some thereof, and in order to insure satisfactory
performance by Subdivider's obligations under said Subdivision Map Act and said
Municipal Code, the parties agree as follows:
I. PERFORMANCE OF WORK. Subdivider will do and perform or cause to be
done and performed, at Subdivider's own expense, in a good and workmanlike manner,
and furnish all required materials, all under the direction and to the satisfaction of the
City Engineer of the City, all of the following work and improvements within (and/or
without) the subdivision, to wit:
Those certain improvements designated and shown as streets, curbs, gutters,
sanitary sewers, storm sewers, water mains, fire hydrants, sidewalks and other on or off-
site improvements, and Subdivider shall also do all work and furnish all materials
12
necessary in the opinion of the City Engineer to complete the improvements in
accordance with the plans and specifications on file, or with any changes required or
ordered by said Engineer, which in his opinion are necessary or required to complete the
work, at no cost to the City. All work shall meet the minimum construction standards
contained in the State of California Department of Transportations Standard
Specifications,current edition, unless noted otherwise by the City.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER. All of said
work is to be done to the satisfaction of the City Engineer, and to the grades as shown
upon the plans and specifications on file in the office of the City Engineer.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE. At least
twenty-four hours prior to the commencement of any work hereunder, Subdivider shall
notify the City Engineer in writing of the date fixed by Subdivider for commencement
thereof, so that City Engineer shall be able to provide services of inspection.
The Subdivider will complete, or cause to be completed, all improvements in
"- accordance with the plans and specifications on file as hereinbefore specified, including
any changes required or ordered by the said Engineer pursuant to a time schedule
approved by the City Engineer. The City Engineer may, from time to time, extend the
schedule. The schedule shall be deemed to be extended if any completion date is not met
and there is no objection from the City Engineer. Any such extension may be effective
without notice to subdivider surety, and no extension shall release or modify the surety's
liability on the bond to secure the faithful performance of this agreement, or for the
payment of labor and materials.
The work shall be performed in a safe and good workmanlike manner, and
enough workmen to quickly and adequately perform the work shall be employed and
used. All work must comply with State of California, Division of Industrial Safety
Construction Orders, and to the State of California Department of Transportation
Standard Specifications, current edition. Compaction shall be 95% relative compaction
to a depth of 30" (30 inches below finished pavement).
13
No work on any public improvement will be permitted unless performed in a safe,
workmanlike manner, and unless sufficient workmen are on the job to adequately
perform the work in that manner.
Except as approved by the City Engineer in writing, all work shall be performed
between the hours of 8:00 a.m. and 5:00 p.m.
Any contractor not performing as required by this agreement may, at the
discretion of the City Engineer, be barred from doing any work within the City of Grand
Terrace on any subdivision or any Public Works project for a maximum period of two
years.
The subdivider shall furnish a licensed Soils Engineer to test and certify that all
cuts, fills and trench backfill conform to the requirements of the City and State Codes.
4. REPAIRS AND REPLACEMENTS. Subdivider shall replace, or have replaced,
or repair or have repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall replace or have
replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of
replacement or repairs, of any and all property damaged or destroyed by reason of any
work done hereunder, whether such property be owned by the United States or any
agency thereof, or the State of California or any agency or political subdivision thereof,
or by the City or by any public or private corporation, or by any person whomsoever, or
by any combination of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
5. UTILITY DEPOSITS-STATEMENT. Subdivider shall file with the City Clerk,
prior to the commencement of any work to be performed within the area delineated on
the map, a written statement signed by Subdivider, and each public utility corporation
involved, to the effect that Subdivider has made all deposits legally required by such
public utility corporation for the connection of any and all public utilities to be supplied
by such public utility corporation within the subdivision.
1c
6. PERMITS, COMPLIANCE WITH LAW. Subdivider shall, at Subdivider's
expense, obtain all necessary permits and licenses for the construction of such
improvements, give all necessary notices and pay all fees and taxes required by law.
7. SUPERINTENDENCE BY SUBDIVIDER. Subdivider shall give personal
superintendence to the work on said improvement, or have a competent foreman or
superintendent, satisfactory to the City Engineer, on the work at all times during progress,
with authority to act for Subdivider.
8. ,INSPECTION BY CITY. Subdivider shall at all times maintain property
facilities, and provide safe access for inspection by City to all parts of the work, and to
the shops wherein the work is in preparation.
9. CONTRACT SECURITY. Concurrently with the execution hereof, Subdivider
shall furnish: (1) A surety bond, or cash deposit in an amount equal to at least one
hundred percent (l 00%) of the estimated cost of improvements as security for the faithful
i performance of this agreement; and (2) a separate surety bond or cash deposit in an equal
amount to at least one hundred percent (100%) of the estimated cost of improvements as
security for the payment of all persons performing labor and furnishing materials in
connection with this agreement. The surety on each of said bonds, and the form thereof,
shall be satisfactory to the City Attorney. All surety bonds and cash deposits furnished in
connection with this agreement shall be held by the City and not released until sufficient
time has elapsed after completion of construction so that the City is assured that no claim
against the City in connection therewith can successfully be asserted.
10. HOLD-HARMLESS AGREEMENT. Subdivider hereby agrees to, and shall hole
City, its elective and appointive boards, commissions, officers, agents, and employees,
harmless from any liability for damage for personal injury, including death, as well as
from claims for property damage which may arise from Subdivider or Subdivider's
contractors', sub-contractor's, agents' or employees' operations under this agreement,
whether such operations be by Subdivider or by any of Subdivider's contractors, sub-
15
1
contractors, or by any one or more persons directly or indirectly employed by, or acting
as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider
agrees to, and shall, defend City and its elective and appointive boards, commissions,
officers, agents and employees from any suits or actions at law or in equity for damages
caused, or alleged to have been caused, by reason of any of the aforesaid operations;
provided as follows:
a. That City does not, and shall not; waive any rights against Subdivider .,
which it may have by reason of the aforesaid hold-harmless agreement, because of the
acceptance by the City, or the deposit with City by Subdivider.
b. That the aforesaid hold-harmless.agreement by Subdivider shall apply to
all damages and claims for damages and claims for damages of every kind suffered, or
alleged to have been suffered, by reason of any of the aforesaid operations referred to in
this paragraph, regardless of whether or not City has prepared, supplied or approved of,
plans and/or specifications for the subdivision.
11. TITLE TO-PUBLIC IMPROVEMENTS. Title to, and ownership of, all public
improvements constructed hereunder by Subdivider shall vest absolutely in City, upon
completion and acceptance of such improvements by City.
12. REPAIR OR RECONSTRUCT OF DEFECTIVE WORK. If, within a period of
one year after final acceptance of the work performed under this agreement, any structure
or part of any structure furnished and/or installed or constructed, or caused to be installed
or constructed by ,Subdivider, or any of the work done under this agreement, fails to
fulfill any of the requirements of this agreement or the specifications referred to herein,
Subdivider shall without delay and without any cost to the City, repair or replace or
reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should Subdivider fail to act promptly or in accordance with this requirement,
or should the exigencies of the case require repairs or replacements to be made before
Subdivider can be notified, City may, as its option, make the necessary repairs or
replacements for perform the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus twenty-five percent. (25%).
16
13. SUBDIVIDER NOT AGENT OF CITY. Neither Subdivider nor any of
Subdivider's agents or contractors are or shall be considered to be agents of City in
connection with the performance of Subdivider's obligations under this agreement.
14. COST OF ENGINEERING AND INSPECTION. The Subdivider shall be
responsible for all costs of inspection by the City. Prior to commencement of
r construction, the Subdivider shall deposit with the City of Grand Terrace the estimated
cost for City inspection of the work based on an approved estimate or on the construction
contract if awarded prior to filing of the final map with the City. In addition, the
Subdivider shall pay any direct City costs of all outside inspection, including soils and
materials testing, as required by the City Engineer, promptly upon receipt of a City
invoice for the work and prior to final acceptance of the improvements by City.
No work shall be performed without inspection by the City. Any work performed
without an inspection will not be accepted by the City.
All work which requires inspection shall be performed.during the City's normal
working hours and work days. If any work is performed before 8:00 a;m. and after 5:00
p.m., or on a City holiday, or on a weekend, there mush be a request in writing 24 hours
in advance for an inspector during those hours, and there must be paid to the City double
the inspector's hourly cost to the City. This payment will be charged against the
engineering and inspection deposit. In the event that the deposit is insufficient to pay the
costs specified herein, City shall invoice Subdivider for such additional amount, which
Subdivider shall promptly pay.
If an inspector is not available to work during such hours, as requested, no work
shall be performed during those hours.
15. NOTICE OF BREACH AND DEFAULT. If Subdivider refuses or fails to obtain
prosecution of the work, or any severalbe part thereof, with such diligence as will insure
its completion within the time specified, or any extensions thereof, or fails to obtain
completion of said work within such time, or if the Subdivider should be adjudged a
bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or
17
if Subdivider, or any of Subivider's contractors, subcontractors, agents or employees,
should violate any of the provisions of this agreement, City Engineer of City Council
may serve written notice upon Subdivider and Subdivider's surety of breach of this
agreement, or of any portion thereof and default of Subdivider.
16. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY. In
the event of any such notice, Subdivider's surety shall have the duty to take over and
complete the work and the improvements herein specified; provided, however, that if the
surety, within five days after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance of the contract, and does
not commence performance thereof within five days after notice to city of such election,
City may take over the work and prosecute the same to completion, by contract or by any
other method City may deem advisable, for the account and at the expense of Subdivider,
and Subdivider's surety be liable to City for any excess cost or damaged occasioned City
thereby; and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of work and necessary thereof.
17. NOTICES. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage paid.
Notices required to be given to City shall be addressed as follows:
PUBLIC WORKS DIRECTOR
22795 BARTON ROAD, SUITE B
GRAND TERRACE, CA 92313
Notices required to be given to Subdivider shall be addressed as follows:
Notices required to be given to surety of Subdivider shall be addressed as follows:
See letter of credit
1f
Provided that any party of the surety may change such address by notice of
writing to the other party and thereafter notices shall be addressed and transmitted to the
new address.
SUBDIVID G ENB IER GRAND TERRACE, INC.
July 27, 2009 Date By: Walter B. Eeds,
Date CITY OF GRAND TERRACE, a Municipal President
Corporation
Date
By:
MAYOR OF CITY OF GRAND TERRACE
Attach Notary Acknowledgement
The foregoing Subdivision Agreement was approved by the City Council of the City of
Grand Terrace at the regular meeting held , 2009.
ATTEST:
CITY OF GRAND TERRACE CITY CLERK
19
CALIFORNIA
Staff Report
Finance Department
CRA ITEM( COUNCIL ITEM (X) MEETING DATE: August 11,2009
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' 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 Acting City Manager Steve Berry.
The City currently has approximately $50,000 invested with LAIF. It is currently yielding
1.05%.
FISCAL IMPACT:
None by this action.
COUNCIL AGENDA ITEM NO.,3E
1
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution to change authorized
signatures with the Local Agency Investment Fund.
Attachment:
1) Resolution to Change LAIF Authorized Signatures
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 Bernard Simon
Finance Director Bernard Simon
Sr.Account Technician Patricia Lundsford
Account Technician Michelle Boustedt
3
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.
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.
i
APPROVED AND ADOPTED this 1 lth day of August, 2009
Ayes:
Noes:
Abstain:
Absent:
Mayor
ATTEST:
City Clerk
1
S�sta
CALIFORNIA
Staff Report
Finance Department
CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE: August 11, 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:
1 '
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 Acting City Manager
Steve Berry. Finance Director Bernie Simon and City Clerk Brenda Mesa are the 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.
COUNCIL AGENDA ITEM NO.3F
1
RECOMMENDATION:
Staff Recommends that the City Council:
Adopt a resolution to amend authorized signers with Citibank N.A.
ATTACHMENT:
1. Resolution No.
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
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 Bernard Simon
City Clerk Brenda Mesa
'Finance Director Bernard Simon
3) Anyone 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
APPROVED AND ADOPTED this 11th day of August, 2009
Ayes:
Noes:
Abstain:
Absent:
Mayor
ATTEST:
City Clerk
� q
L
.r
<'ALIFORNIA
Staff Report
Finance Department
-- CRA ITEM O COUNCIL ITEM(X) MEETING DATE: August 11, 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 0.50%.
COUNCIL AGENDA ITEM NI®. 3(,
1
i
DISCUSSION:
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 Acting City Manager Steve Berry.
FISCAL IMPACT:
None by this action.
RECOMMENDATION:
Adopt a resolution to change authorized signers with California Asset Management
Program (CAMP).
Attachments:
1) Resolution to Change California Asset Management Program Authorized Signatures
J
2
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
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 Bernard Simon
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 1 lth day of August, 2009
Ayes:
Noes:
Abstain:
Absent:
Mayor
ATTEST:
City Clerk
4
CALIFORNIA
Staff Report
Finance Department
CRA ITEM O COUNCIL ITEM(X) MEETING DATE: August 11, 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
Acting City Manager Steve Berry. Staff is also adding Community and Economic
Development Director Joyce Powers as an additional signer to the account so that we
COUNCIL AGENDA ITEM NO. 3H
1
have at least three authorized signers.
FISCAL IMPACT:
None by this action.
RECOMMENDATION:
Adopt a resolution to amend authorized signers with Bank of America.
ATTACHMENT:
1. Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING
SIGNERS FOR BANK OF AMERICA BANK ACCOUNTS
` 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 Former Acting City Manager as an authorized signer and authorize signers on
Bank of America accounts as:
Position Individual Name
City Manager (Vacant)
Acting City Manager Bernard Simon
Community and Economic
Dev Director Joyce Powers
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.
r
3
•J
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 11th day of August 2009.
Ayes:
Noes:
Abstain:
Absent:
Mayor
r11
ATTEST:
City Clerk
L
CALIFORNIA
Staff Report
Finance Department
`I
CRA ITEM COUNCIL ITEM(X) MEETING DATE: August 11,2009
( )
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:
The City has had 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 Acting City
Manager Steve Berry. Finance Director Bernie Simon and City Clerk Brenda Mesa are
the authorized signers on this account.
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.
FISCAL IMPACT:
None,by this action.
COUNCIL AGENDA ITEM NO.-3-
1
Recommendation
Staff Recommends that the City Council:
Adopt a resolution to Change authorized signers with BBVA Bancomer
USA.
ATTACHMENTS:
1. Resolution No.
r A ,
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;
r
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 Bernard Simon
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
APPROVED AND ADOPTED this 11th day of August, 2009
Ayes:
Noes:
Abstain:
Absent:
Mayor
ATTEST:
City Clerk
i
RECEIVE®
CITY OF GRAND TERRACE AUG 0 2009
EMERGENCY OPERATIONS COMMITTEE
Regular Meeting CITY OF GRAND TERRACE
MINUTES CITY CLERK'S DEPARTMENT
July 7, 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 6:03 p.m. Agendas were distributed.
v MEMBERS PRESENT—Vic Pfennighausen, Susan Taylor, Glenn Nichols, Debra Hurst, Lew
Neeb, Randy Halseth, Hanni Bennett and JoAnn Johnson.
MEMBERS ABSENT—Oscar Santana and Jim Vert.
CITY STAFF—Matt Wirz and Steve Berry
GUESTS PRESENT/INTRODUCTIONS — None.
CORRESPONDANCE/COMMUNICATIONS—None.
APPROVAL OF AGENDA with motion by Debra Hurst and second by Lew Neeb.
{ APPROVAL OF MINUTES OF JUNE 2, 2009 with motion by Debra Hurst and second by Glenn
Nichols.
LIAISON REPORT by Steve Berry and Matt Wirz.
a. The Travelers Radio broadcast was put in service on June 301h on 1640 AM.
b. Steve voiced his pride in the work that Vic and Matt had done to get this going.
c. This can be used to welcome travelers to Grand Terrace and also to give instructions in
the case of an emergency. There was a brief break so that the Broadcast station could be
demonstrated for those who had not heard it.
d. Steve indicated he would like to order and mail out magnets and hoped that funds could
raised to this end. CERT might possibly be able to raise some funds..
e. The antenna is mounted on the EOC building instead of on City Hall as previously
planned. Need to get help in putting COAX inside a PVC to go to the roof.
f. New signs coming up Barton Road to Grand Terrace were composed by Thelma Winkler.
This is a very eye catching, catchy little jingle.
g. For Grand Terrace Community Day there will be a small fair and car show on September
12`h 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. 4`h of July was relatively quiet except for quite a bit in the south west corner of the city
and over into the Highgrove area..
i. Vic said he had listened to the Broadcast Radio station elsewhere and it reminded him that
old messages should never be left on. When an event has past, it must be removed
immediately.
COUNCIL AGENDA ITEM NO.
1
EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen
a. All equipment is working well.
b. Randy has moved all the first aid supplies into the EOC building so they don't get too hot
over the summer.
UNFINISHED BUSINESS
a. Vic reminded us that he is still looking for someone to take over as Chair and he added
that a replacement Secretary was also in order.
b. Randy said he would work on retiring Ken Howard for Chair and Susan Taylor indicated
that she would be retiring in December and would be willing to be Secretary.
c. Vic further indicated that come December he would no longer be Chair. Period.
d. It was more or less agreed that by December both Vic and JoAnn would give up their
positions on the committee.
NEW BUSINESS
a. Vic indicated that he had been pretty much working by himself on work Mondays.
b. He would like help with COAX to roof of EOC for Broadcast Radio Antenna.
c. Randy said it had been fairly slow with CERT since they finished the last classes.
Some training has been going on, however and there are plans for the car show in September.
TRAINING/SPEAKERS
ADJOURNMEN at 6:34 p.m.
JoAnn Joh on, Secretary
NEXT MEETING WILL'BE TUESDAY, AUGUST 4, 2009 AT 6 P.M.
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CA 0 1A
Staff Report
Finance Department
CRA ITEM O COUNCIL ITEM(X) MEETING DATE: August 11, 2009
To: 'Honorable Mayor and Council Members
From: Bernie Simon, Acting City Manager and Finance Director
SUBJECT: Senior Center Kitchen
FUNDING REQUIRED
NO FUNDING REQUIRED XXX
BACKGROUND:
The new Grand Terrace Senior Center recently opened on Grand Terrace Road this year. The
Senior Center was completed as part of the$20 million Blue Mountain Senior Villas complex
that was funded by a combination of the Grand Terrace Community Redevelopment Agency,tax
credits and the issuance of California Community Housing Bonds.
DISCUSSION:
A complaint that has come up has been the lack of a commercial kitchen in the senior center.
Discussion of this issue appears to be due to a change in the type of meals that can-be served at
the center in accordance with the County Health Department.
The decision to build or not build a commercial kitchen is not a simple one and therefore a
thorough review should be done to look at the feasibility of a commercial kitchen. A review
should include, but should not be limited to, cost, ownership and the need for such a facility
improvement.
Senior staff management believes that an internal study should be done to:
1) Review and analyze the current situation
2) Develop a needs assessment for a commercial kitchen
3) ' Review any senior program needs for a commercial kitchen
4) Review the feasibility of a commercial kitchen
5) Estimate the costs of a commercial kitchen
6) Review requirements of running a commercial kitchen
7) Review ownership and liability issues
COUNCIL AGENDA ITEM NO.
1
8) Review potential funding
9) Review alternative solutions
Staff anticipates that 60 to 90 days would be required to complete such a report.
ALTERNATIVES
Council may
1. direct staff to pursue additional research
2. direct staff not to pursue any research
FISCAL IMPACT:
There is no fiscal impact.
Staff Recommends that Council:
Direct staff to prepare a report regarding a potential commercial kitchen at the Grand Terrace
Senior Center.
Please refer to item 2 under the Community Redevelopment Agency.
i
COUNCIL AGENDA ITEM NO. ��
STAFF REPORT
CRA ITEM ( COUNCIL ITEM (X ) MEETING DATE: August 11, 2009
FUNDING REQUIRED: ( ) NO FUNDING'REQUIRED (X )
SUBJECT: JOINT AGREEMENT BETWEEN THE CITY AND COUNTY FOR THE
SENIOR HOME REPAIR PROGRAM
SUBMITTED BY: Community.and Economic Development Department
RECOMMENDATION: Approve the attached Joint Agreement for the Senior Home,
Repair Program — Community Development Block Grant
Background:
City staff 'has been meeting with 'San Bernardino County staff regarding the most
efficient means to manage the Senior Home Repair Program in small cities for which
the allotted CDB&,funds do not adequately fund additional staffing for program
implementation. County staff has presented a program plan to the smaller cities, such
as Big Bear Lake, Highland, Loma Linda, Yucaipa, Colton, and Grand Terrace, which
would allow the cities to jointly fund the administrative aspects of the program, including
inspections, arranging repair work, and reporting requirements. As a result, the County
Counsel and staff have prepared the attached Joint Agreement for the Council's review
and approval.
The City previously allocated program CDBG funds of $16,281 for fiscal year 2009-
2010, which is based on the allocation received from HUD. Our share of program
delivery costs.is estimated at $4,583. The proposed Agreement is for a three-year term,
and future. annual CDBG allocations will be distributed through the County by HUD and
are expected to be similar.
The Program provides homeowners of 60 years of age or older, a one-time grant of up
_to $5,000,to correct code violations and health and safety deficiencies. Permanently
disabled owner-occupants are also eligible. To qualify for the grant, the applicant's
household income cannot exceed 80% of the County median income as established by
HUD. For a one-person household, the annual income may not exceed $37,300 to be
eligible. For a two-member and three-member household, the limit is $42,650 and
$47,950, respectively.
COUNCIL AGENDA ITEM NO. ,
1
Also, as required by the Agreement, the City must comply with the California Code of
Federal Regulations as subrecipients of the Federal Community Development Block
Grant funds. The Agreement lists the ,Community and Economic Development Director.
as the Program Coordinator.
Historically, the County has handled two cases per year for Grand Terrace residents,
averaging about $3,500 per eligible applicant. In many instances, the recipient of
program funds has no other means of correcting an urgent situation, such as a break-
down of a water heater or climate control system, plumbing. Leaks, leaking roof, or
electrical problems. To encourage correction of health and safety deficiencies, staff will
inform seniors of the Program through the Senior Center, mobile home parks, the City's
website, and local newspapers. If participation exceeds funding availability, staff will
return to the Council,to discuss augmenting the program with Redevelopment Funds.
City staff is familiar with the applicable regulations and type of projects, and supports
the Joint Agreement with the County. - The City Attorney has reviewed the Agreement
and concurs with the staff recommendation.
Fiscal Impact:
There is no fiscal impact to the General Fund or Redevelopment Funds at this time.
Recommendations:
Approve the attached Joint Agreement for the Senior Home Repair Program — �r-
Community Development Block Grant, and authorize the Mayor to execute the
Agreement.
Attachment:
Joint Agreement for Senior Home Repair Program — Community Development Block
Grant
2
JOINT AGREEMENT FOR
SENIOR HOME REPAIR PROGRAM-COMMUNITY DEVELOPMENT BLOCK GRANT
This Agreement is made and entered into this day of August, 2009, by and
between the County of San Bernardino, of the State of California, hereinafter referred to as
"COUNTY;" and the City of Grand Terrace, a city within the COUNTY, hereinafter referred to as
"CITY."
- WHEREAS, the Housing and Community Development Act of 1974, as amended
(Public Law 93-383), hereinafter called "ACT', provides that Community Development Block
Grant (CFDA 14.218), hereinafter referred to as "CDBG" funds may be used for the support of
activities that provide decent housing and suitable living environments and expanded economic
opportunities principally for persons of low and moderate income; and,
WHEREAS, the Department of Housing and Urban .Development (HUD) subsequently
allocated CDBG funds to COUNTY; and,
WHEREAS, CDBG funds have been allocated to CITY and the COUNTY's five (5)
supervisorial districts based on an allocation formula; and,
WHEREAS, CITY previously executed a Delegate Agency Agreement with the COUNTY
to participate in the CDBG program for fiscal years 2009-2010, 2010-2011 and 2011-2012, and
is defined as a participating city; and,
WHEREAS, assisting seniors and disabled citizens is an established need in the County
Consolidated Plan for fiscal years 2005-2010; and,
WHEREAS, the County, through the Department of Community Development and
Housing (CDH), has operated and desires to continue operating the Senior Home Repair
Program (SHRP) to provide minor repairs to low-income senior citizens residing within the
qualified areas of the County; and,
WHEREAS, the SHRP requires a minimum aggregate annual investment from
participating cities or supervisorial districts of $800,000; and,
WHEREAS, all the participating cities, who have executed a Delegate Agency
Agreement, and five (5) supervisorial districts were asked to participate in the SHRP through a
contribution of their CDBG funds; and,
WHEREAS, CITY and COUNTY desire to allocate a portion of their share of CDBG
funds to the COUNTY'S SHRP; and,
WHEREAS, the initial established budget for the SHRP is $888,140, of which $250,000
is dedicated to program delivery costs. Program delivery costs are proportional to each city's
and supervisorial district's allocation to the total program budget.
WHEREAS, the execution of this, Agreement is necessary to implement the
administration and expenditure of the CDBG funds in accordance with the CDBG requirements.
3
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived therefrom, the parties agree as follows:
1. GENERAL
This Joint Agreement gives COUNTY authority to undertake SHRP activities on behalf
of CITY. CITY has allocated $16,281 of its fiscal year 2009-2010 CDBG allocation for
the purpose of participating in the SHRP. Should its share of the total CDBG allocation.
received from HUD remain the same, they will allocate an equal',amount for fiscal years
2010-2011 and 2011-2012. CITY may choose to increase its CDBG allocation to the
SHRP anytime during the term of this agreement without any further amendment to this
agreement. The CITY will notify the designated COUNTY contact in writing of the higher
allocation amount. In the event the CITY's CDBG allocation decreases, CITY may
reduce CITY's SHRP allocation proportionately. COUNTY is responsible for ensuring
funds are spent on eligible SHRP activities within CITY'S jurisdiction.
COUNTY shall be responsible for maintaining complete and separate fiscal accounts for
CITY SHRP funds which come under its control in such manner as to permit quarterly
reports and to permit the tracking of SHRP funds to their final expenditure.
2. TERM
The term of this Agreement shall be three (3) fiscal years or until June 30, 2012 or an
earlier date of termination due to insufficient funding created by either a reduction in
overall, CDBG funding from HUD or a reduction. in CITY allocation as a result of a
change to the allocation formula. This Agreement may not be terminated and neither
party may terminate its participation in this Agreement during the term.
3. PROGRAM GUIDELINES
The SHRPprovides eligible homeowners with a one-time grant in the form of labor and
materials. This grant helps qualified residents correct code violations and/or health and
safety problems. The assistance is provided at no cost to the homeowner. Repair
services are provided by vendors selected through a Request for Qualification process
conducted by COUNTY. The maximum assistance provided is $5,000 per household or
property.
CITY acknowledges the following SHRP guidelines:
The program participant must:
o Be an owner-occupant of a single family dwelling or mobile home at the time of
application and have owned :and occupied property for a minimum of one (1),
year; and,
o Be 60 years of age or older or be permanently disabled as defined by an
approved governing body; and,
o Have an annual gross income not exceeding 80% of the County median
income as established by HUD.
A
4. PROGRAM DELIVERY SHARE
Program Delivery Cost is defined as those County costs associated with operating the
SHRP and procedures required to ensure compliance with HUD regulations such as:
application intake, certification of eligibility, issuance of work orders, verification of
completion of work according to industry standards, contractor payments, monitoring,
close out and reporting functions. In addition, Program Delivery will include reasonable
costs for implementation of a marketing plan designed by both CITY and COUNTY staff.
The maximum annual program delivery cost the County may charge is $250,000.
Program Delivery costs will be charged to each city's and supervisorial district's
' allocation by percentage in proportion to the total allocation contributed to the program
(CITY allocation _ program total = %; $250,000 x % = CITY share of Program Delivery
Costs).
5. CITY/COUNTY ALLOCATION SUMMARY
The Allocation Summary below demonstrates the initial allocation of SHRP funds as
allocated by CITY and supervisorial district for the SHRP. The CITY Manager or his/her
designee shall be authorized to act on behalf of the CITY and the Director of CDH, or
his/her designee, shall be authorized to act on behalf of the COUNTY in order to make
any changes necessary to meet SHRP needs. Written authorization by both CITY and
COUNTY authorized designees are required for any changes, modifications and/or
additions to the Allocation Summary.
The County ,of San Bernardino Board of Supervisors and CITY have allocated the
following CDBG funds for use in their respective city/districts:
Allocation Available for Repair Share of
Program Delivery
Grand Terrace $16,281 $11,698 $4,583
First $133,438 $ 95,877 $ 37,561
Second $ 40,535 $ 29,125 $ 11,410
Third $.127,240 $ 91,424 $ 35,816
Fourth $ 38,3151 $ 27,530 $ 10,785
Fifth $136,751 $ 98,257 $ 38,494
Total $492,560 $353,911 $138,649
In order to implement and carry out its duties pursuant to this Agreement, COUNTY will
utilize the maximum amount available for project delivery costs of the SHRP, which is a
total of $250,000 aggregate per year. The CITY'S and County supervisorial district's
prorated share of Program Delivery costs will be used to offset the expenses directly
associated with implementation of SHRP activities. City funds available for repair shall
only be expended within CITY's incorporated city limits.
6. SENIOR HOME REPAIR PROGRAM COORDINATOR-
Prior to execution of this Agreement, CITY will designate a Senior Home Repair
Program Coordinator by filling in the name of said person in the space provided below.
The Senior Home Repair Coordinator is the responsible authority for correspondence
5
with COUNTY and shall advise the City Council, City administration and City staff as
appropriate regarding the SHRP. Signatory authority for changes to the program or
adjustments in program funding will remain with the City Manager or designee. CITY
may, by written notification as set forth below, change the Senior Home Repair
Coordinator.
CITY's Senior Home Repair.Program Coordinator for this Agreement is
Joyce Powers , TITLE: Community and Economic Development Director
7. UNSPENT FUNDS
Annually, subject to Section 1 of this Agreement, CITY will allocate funds sufficient to
sustain its original allocation commitment. At the end of the term of this agreement,
CITY and COUNTY will reevaluate their commitment to the SHRP and determine the
disposition of all unspent project funds. CITY may opt to continue its participation in the
SHRP at a different allocation level or transfer funds to other CDBG-eligible projects.
The COUNTY will reevaluate the minimum threshold level required to maintain the
SHRP for the next three (3) year term. Should the aggregate threshold not be achieved,
the COUNTY will evaluate the viability of continuing the SHRP. COUNTY reserves the
right to terminate the SHRP if in its sole discretion, it would not be economically feasible
to maintain the program.
8. COMPLIANCE WITH ACT AND REGULATIONS
COUNTY and CITY shall comply with all applicable requirements of ACT and its r
regulations, in utilizing basic grant funds under ACT, and shall take all actions
necessary to assure compliance with COUNTY certifications required by Section 104(b)
of Title I of the Housing and Community Development Act of 1974, as amended.
COUNTY and CITY will comply with the provisions of the National Environmental Policy
Act ,of 1969 (NEPA), the California Environmental Quality Act (CEQA), Title'VI of the
Civil Rights Act of,1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988,
Section 109 of Title I of ACT, the Fair Housing Act, and other applicable federal laws
and regulations. CITY agrees that SHRP .funding for activities in or in support of CITY
are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction
or impedes COUNTY actions to comply with its fair housing certification. CITY certifies
that it has existing fair housing programs as part of its affirmative duties.
9. CONFLICT OF INTEREST
CITY and COUNTY shall comply with all applicable federal and state laws, regulations
and policies governing conflict of interest, including state conflict of interesf regulations
found in California Government Code Sections 1090, 1126, 87100 et seq., federal
conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any
other applicable policies, rules and regulations related to conflict of interest.
Any person who is an employee, agent, consultant, officer, elected or appointed official
of the CITY, who exercises any functions or responsibilities with respect to SHRP-
funded activities identified in this Agreement and who is in a position to participate in a
decision making process or gain inside information with regard to activities identified in
this Agreement, may not obtain a financial interest or benefit from the SHRP assisted
E
activities identified in this Agreement or any related contract, subcontract, or agreement,
either for themselves, an immediate family member or business partner, during his/her
tenure. CITY shall maintain written standards of conduct governing the performance of
its employees engaged in the award and administration of contracts.
10. POLICIES
CITY and COUNTY each have and are enforcing the following policies: (1) policies
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and (2) a
✓J` policy of enforcing applicable state and local laws against physically barring entrance to,
�- or exit from, a facility or location which is the subject of such non-violent civil rights
demonstrations.
11. INDEMNIFICATION
CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and
hold harmless COUNTY and its respective authorized officers, employees, agents and
volunteers from any and all claims, actions, losses, damages, and/or liability arising out
of this Agreement but only in proportion to and to the extent such liability, loss,_expense,
attorney's fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of CITY, its officers, employees, agents or
volunteers.
COUNTY agrees to indemnify, defend (with counsel reasonably approved by CITY), and
hold CITY, its officers, agents, volunteers, and employees, harmless from and against
any and all claims, actions, losses, damages and/or liability arising out of this
agreement, but only in proportion and to the extent such liability, loss expense,
attorney's fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of COUNTY, its officers, employees, agents or
volunteers.
12. SELF-INSURANCE
The CITY and COUNTY are authorized self-insured public entities for purposes of
general liability, automobile liability, professional liability and workers' compensation.
CITY and COUNTY warrant that through their respective programs of self-insurance,
they have adequate coverage or resources to protect against any liabilities arising out of
their performance regarding the terms and conditions of this agreement.
13. CITY SUBJECT TO SUBRECIPIENT REQUIREMENTS
Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to
subrecipients for other HUD programs, including the requirements of 24 CFR 570.503
for'a written agreement, containing at a minimum, certain provisions. The provisions
contained in Sections 16 through 18 address these minimum requirements, unless
addressed in other provisions of this Agreement.
7
14. RECORDS AND REPORTS
COUNTY agrees to prepare and submit program progress reports to the CITY quarterly.
COUNTY shall retain such records and supporting documentation for a period of five (5)
years after the termination of this Agreement. CITY agrees to retain any records and
supporting documentation as may be required by this Agreement for a period of five (5)
years after the termination of this Agreement.
15. UNIFORM ADMINISTRATIVE REQUIREMENTS
CITY and COUNTY each agree to adhere to the Uniform Administrative Requirements
identified in 24 CFR 570.502, including, but not limited to, the applicable requirements
and standards of OMB Circular No. A-87 and OMB Circular A-128.
16. OTHER PROGRAM REQUIREMENTS
CITY and COUNTY each agree to carry,out all activities pursuant to this Agreement in
compliance with all Federal laws and regulations described in 24 CFR 570.600 though
570.614 (excluding 570-604 and 24 CFR, part 52).
17. AMENDMENTS
This writing with any attachments embodies the whole of this Agreement. There are no
oral agreements. Except as herein provided, any amendments or modifications to this
Agreement shall not be valid unless in writing.
18. NOTICES '~`
All notices shall be served in writing and shall be deemed to have served .five (5) days
after deposit in the United States mail, first class, postage prepaid to the following:
COUNTY:
County of San Bernardino
Department of Community Development and Housing
290 North D Street, Sixth Floor
San Bernardino, CA 92415-0040
Attn: Mitch Slagerman, Director
With a copy to:
County Counsel
County of San Bernardino
385 North Arrowhead Avenue, Fourth Floor
San Bernardino, CA 92415-0140
Attn: Ruth E. Stringer, County Counsel
i;
CITY:
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Attn: City Clerk
Each party may change contact information so long as notice is provided in writing to
the other party. The parties may also agree on other or additional forms of
communication of notices so long as any changes are reduced to writing and executed
by the authorized individuals.
19. AUTHORIZED OFFICERS
Except as stated in Section 5 with respect to allocation/program changes, any
nonmaterial changes in the form of amendments may be made by the Director of CDH
or his written designee for the COUNTY and the City Manager or his written designee
for the CITY so long as such changes are reduced to writing.
20. COUNTERPART EXECUTION
This Agreement may be executed in counterparts. When executed, each counterpart
shall be deemed an original irrespective of the date of execution. Said counterparts
shall together constitute one and the same Agreement.
21. EFFECTIVE DATES
f This Agreement shall be effective for all purposes when this Agreement and like
Agreements have been executed by COUNTY and CITY and approved by the Board of
Supervisors.
9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year written above.
COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE
By: By:
GARY C. OVITT, Chairman MARYETTA FERRE'
Board of Supervisors Mayor ;
Dated: Dated:
ATTEST
APPROVED AS TO LEGAL FORM By:
BRENDA MESA
RUTH E. STRINGER City Clerk
COUNTY COUNSEL
Dated:
By:
MICHELLE D. BLAKEMORE
Principal Assistant County Counsel for CDH'
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
DENA M. SMITH
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
1(
EXHIBIT 1
COUNTY OF SAN BENARDINO - CITY OF GRAND TERRACE
JOINT AGREEMENT FOR
SENIOR HOME REPAIR PROGRAM-CDBG FUNDS
ALLOCATION/PROGRAM SUMMARY
The CITY has .allocated $16,281 in SHRP CDBG funds. Of this amount, COUNTY will utilize the
prorated amount of $4,583 for project delivery costs for SHRP. The remaining grant amount of $11,698
will be allocated for eligible SHRP activities within CITY's incorporated city limits.
r,
1 CITY has requested COUNTY allocate the following amounts of its designated annual allocation to the
SHRP activity:
Share of
Activity Description Total Activity project Activity
Allocation Delivery Dollars
Senior Home Repair Program-provides
eligible homeowners with a one-time grant in
the form of labor and materials. This grant
helps qualified residents correct code
violations and/or health and safety problems.
The assistance is provided at no cost to the $16,281 $4,583 $11,698
homeowner. Repair services are provided
by a list of vendors selected through a
Request for Qualification process. The
maximum assistance provided is $5,000 per
household or property.
11