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10/23/1997FILE COPY 22795 Barton Road Grand Terrace California 92313-5295 i Civic Center (909) 824-6621 Fax (909) 783-7629 t Fax (909)783-2600 r _ � I Byron R Matteson Mayor z Dan Buchanan i d 6 i Mayor Pro Tempore M d Herman Hilkey Jim Smgley Lee Ann Garcia Council Members Thomas J Schwab City Manager Odtober 23, 1997 CITY OF GRAND TERRACE Regular Meetings 2nd and 4th Thursday - 6 00 p.m Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA COUNCIL CHAMBERS OCTOBER 23, 1997 fD TERRACE CIVIC -CENTER 6.00 P.M- - - - Barton Road CITY OF GRAND TEERACE COWLIES WITH THE AMI`WCANS WITH DISABILITIES OF 1990. IF SOU' REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEEMO, M -CALL. TIE MY CLEWS OFFICE AT (909) 824-6621 AT LEAST 48 HOURS PRIOR. TO NEE'Iwa Call to Order - Invocation - Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance - Roll Call - AGENDA ITEMS I STAFF RECOMMENDATIONS 1 I Approval of 10-09-97 Minutes Approve 21 Approval of Check Register MA102397 Approve 1 ! Items to Delete 21 SPECIAL PRESENTATIONS A Red Ribbon Week - Tanya Cahill B Recycling Family of the Month - September 1997 3 ! CONSENT CALENDAR following Consent Calendar items are expected to be ne and noncontroversial. They will be acted upon by the mg at one time without discussion. Any Council Member, Member, or Citizen may request removal of an item the Consent Calendar for discussion. A Approve Check Register No 102397 Approve B Ratify 10-23-97 CRA Action C Waive Full Reading of Ordinances on Agenda D Approval of 10-09-97 Minutes Approve E Reject Liability Clain - Loder Reject F Authorize City Clerk's Travel to Monterey - December Authorize 2-S, 1997 COUNCIL ACTION MIZIMAIRI V b'd ',4 DI 1 1 �xrLF5-N �► u l l►1 Y Y -- --- , A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 9, 1997, at 6 00 p m PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Jim Singley, Agency Member Lee Ann Garcia, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Virgil Barham, Building and Safety Director John Harper, City Attorney Lt Mike Howell, Sheriff's Department ABSENT: Patnna Materassi, Community and Economic Development Director APPROVAL OF SEPTEMBER 25 1997 CRA NIINUTES CRA-97-50 MOTION BY AGENCY MEMBER SINGLEy, SECOND BY AGENCY MEMBER HH E EY, CARRIED 5-0, to approve the September 25, 1997, CRA Minutes APPROVAL OF CHECK REGISTER NO CRA100997 CRA-97-51 MOTION BY AGENCY MEMBER GARCIA, SECOND BY VI BUCHANAN, CARRIED 5-0, to approve Check Register No CRA100997 ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING JUNE 30 1997 -52 MOTION BY AGENCY MEMBER SINGLEY, SECOND BY VICE- CHAIRMAN BUCHANAN, CARRIED 5-0, to accept the Audited Financial Statements of the Community Redevelopment Agency of the City of Grand Terrace for the Fiscal Year ended June 30, 1997. G R A AGENDA ITEM NO. 1 PENDING A A APPROVAL PAGE 1 CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: OCTOBER 23,1997 CHECK REGISTER NO: 102397 OUTSTANDING DEMANDS AS OF: OCTOBER 23.1997 CHECK NO, VENDOR HALLY CAPPIELLO DESCRIPTION BIRTHDAY BONUS AMOUNT 3750 P12082 P12086 MANAGED HEALTH NETWORK MANAGED HEALTH NETWORK INS OCT, 1997 9396 P12087 INLAND COUNTIES INSURANCE SERVICE LIFE INSURANCE, OCT, 1997 5143 P12090 PACIFICARE OF CALIFORNIA HEALTH INSURANCE, OCT, 1997 73572 P12094 STATE COMPENSATION INS FUND z WORKERS' COMPENSATION INS, SEPT, 1997 27275 38900 ACCENT PRINT & DESIGN BUSINESS CARDS, CODE ENFORCEMENT 6861 38901 ADDINGTON CONSULTING ENGINEERING ENGINEERING SERVICES FOR SEPT. 1997 FOR PROPERTY AT 22832 PALM AVE 72000 38908 DAN BUCHANAN STIPENDS FOR OCTOBER, 1997 15000 38912 CALLISON CONSTRUCTION PROGRESS PAYMENT FOR REHABILITATION AT 22832 PALM AVE 9,00000 38920 DAGOSTINO ENGINEERING ENGINEERING SERVICES FOR 22832 PALM AVE 22000 0 38925 LEE ANN GARCIA STIPENDS FOR OCTOBER, 1997 15000 :9 38933 JULIE HERNANDEZ REIMBURSEMENT FOR CODE ENFORCEMENT TRAINING CLASS 27630 38934 HERMAN HILKEY STIPENDS FOR OCTOBER, 1997 15000 Al 38937 INMARK NAMEPLATE, CODE ENFORCEMENT 2101 v38940 KELLY PAPER COMPANY NCR PAPER, CODE ENFORCEMENT 1772 a 38944 BYRON MATTESON STIPENDS FOR 6CTOBER,191W 15000 38955 JAMES SINGLEY STIPENDS FOR OCTOBER, 1997 15000 38957 LOUISE SMITH REIMBURSEMENT FOR OFFICE SUPPLIES, CODE ENFORCEMENT 4201 38958 SOUTHERN CA EDISON COMPANY 1 ELECTRIC FOR HOUSES UNDER REHABILITATION 39012 r ' PENDING CITY P� COUNCIL APPROVAL CITY OF GRAND TERRACE DATE: OCTOBER 23 1997 OUTSTANDING DEMANDS AS OF: OCTOBER 23,1997 _ CHECK REGISTER NO: 102397 AMOUNT P12082 HALLY CAPPIELLO BIRTHDAY BONUS P12083 PERS RETIREMENT FOR PAY ROLL 9/19/97 P12084 JOY HOLDEN BIRTHDAY BONUS P12085 VISA LEAGUE OF CA CITIES, ICMA CONFERENCE, LOCAL MEETINGS, AMERICA ON LINE, COMPUSERVE, LAP TOP COMPUTER, COMMUNITY REDEVELOPMENT ASSOC MEETING, AND SUPPLIES P12086 MANAGED HEALTH NETWORK MANAGED HEALTH NETWORK INS, OCT, 1997 P12087 INLAND COUNTIES INSURANCE SERVICES LIFE DENTAL, & VISION INS, OCT, 1997 P12088 STANDARD INSURANCE COMPANY DISABILITY INSURANCE, OCT ,1997 P12089 CITY OF ONTARIO LEAGUE OF CA CITIES BREAKFAST -COUNCIL P12090 PACIFICARE OF CALIFORNIA HEALTH INSURANCE, OCT, 1997 P12091 COMCAST CABLEVISION CASH PAYMENTS FOR 10/3/97 P12092 COMCAST CABLEVISION CASH PAYMENTS FOR 10/7/97 n P12093 PERS RETIREMENT FOR PAYROLL 10/3/97 O P12094 STATE COMPENSATION INSURANCE FUND WORKERS' COMPENSATION INSURANCE, SEPT, 1997 Z P12095 JEANNINE VASQUEZ REIMBURSEMENT FOR TOUR -DE -TERRACE SUPPLIES Q P12096 DIANA LOVE BIRTHDAY BONUS fm P12097 RICHARD ROLLINS OPEN/CLOSE AND MAINTENANCE, R ROLLINS PARK, SEPT, 1997 m P12098 COMCAST CABLEVISION CASH PAYMENTS FOR 10/9/97 P12099 RICHARD ROLLINS BIRTHDAY BONUS b P12100 ELIZABETH DUARTE PURCHASE FOOD FOR VOLUNTEER PICNIC P12101 NORTHWEST CHRISTMAS TREES PUMPKINS FOR CHILD CARE FUND RAISER P12102 SCHOLASTIC BOOK FAIR, CHILD CARE CENTER P12103 COMCAST CABLEVISION CASH PAYMENTS FOR 10/14/97 38901 ADDINGTON CONSULTING ENGINEERING ENGINEERING SERVICES, SEPT, 1997 38902 MATTHEW ADDINGTON PLANNING COMMISSION MEETING,10/2/97 PAGE 3 CITY OF GRAND TERRACE DATE: OCTOBER 23, 1997 _ CHECK REGISTER NO: _ 102397 OUTSTANDING DEMANDS AS OF: OCTOBER 23,1997 - _ _ CHECK NO, VENDOR DESCRIPTION AMOUNT 38930 J L HAMMETT COMPANY PROGRAM SUPPLIES FOR CHILD CARE 3001 38931 HARPER & BURNS LLPN LEGAL SERVICES FOR SEPT ,1997 1,48375 38932 HENAGON LTD COLTON TOP SOIL FOR PARKS 1818 38934 HERMAN HILKEY STIPENDS FOR OCTOBER, 1997 30000 38935 MOIRE HUSS PLANNING COMMISSION MEETING, 10/2/97 5000 38936 HYDRO-SCAPE PRODUCTS, INC IRRIGATION SUPPLIES FOR PARKS 1311 38938 INTERSTATE BRANDS CORP BAKERY GOODS FOR CHILD CARE 7344 38939 JANI KING-COLTON REGION JANITORIAL SERVICES, CHILD CARE CENTER 854 00 38941 BARBARA KHACHERIAN USED VACUUM CLEANER, CHILD CARE CENTER 6500 38942 KARRI LANGSTON REFUND, RECREATION PROGRAM 4500 38943 LEROY'S LANDSCAPE SERVICE LANDSCAPE MAINTENANCE, TERRACE PINES, SEPT, 1997 20000 38944 BYRON MATTESON STIPENDS FOR OCTOBER, 1997 300 60 38945 NAIL FIRE PROTECTION ASSOCIATION MEMBERSHIP FOR 1997/1998 AND PUBLICATIONS 20664 38946 ORIENTAL TRADING COMPANY HALLOWEEN SUPPLIES, RECREATION 20615 38947 PETTY CASH REIMBURSE GENERAL PETTY CASH -FINANCE DEPARTMENT 23709 38948 KATHY PIERSON INSTRUCTOR, GYMNASTICS AND TINY TUMBLERS 79167 38949 DENNICE PRECIE REIMBURSEMENT FOR LOCAL MILEAGE 7498 38950 RIVERSIDE BLUEPRINT BLUE PRINTS, BIKE LANE PROJECT 1493 38951 COUNTY OF SAN BERNARDINO RELEASE LIENS, WASTE WATER DISPOSAL DEPT 9100 38952 COUNTY OF SAN BERNARDINO LAW ENFORCEMENT AND CRIME PREVENTION OFFICER FOR OCTOBER, 1997 87.75600 38953 COUNTY OF SAN BERNARDINO DUMPING CHARGES FOR 8/20-8/27/97 54427 38954 THOMAS SCHWAB REIMBURSEMENT FOR ICMA CONFERENCE, VANCOUVER 6933 38955 JAMES SINGLEY STIPENDS FOR OCTOBER, 1997 30000 38956 SMART & FINAL IRIS COMPANY HALLOWEEN CANDY, RECREATION DEPARTMENT 79705 CITY OF GRAND TERRACE PENDING CRY CITY COUNCIL MIlVUTES COUNCIL APPROVAL A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 9, 1997 at 6 00 p m. PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Jim Singley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Virgil Barham, Building and Safety Director John Harper, City Attorney Lt Mike Howell, Sheriff s Department ABSENT: Patrizia Materassi, Community and Economic Development Director The meeting was opened with invocation by Ed O'Neal followed by the Pledge of Allegiance led by Councilman Herman Hdkey SPECIAL PRESENTATIONS 2A Presentation by Mike Heverly, Widen Pump Mile Heverly, President and CEO of Wilden Pump and EnDmmng, gave an overview of the Company and their goals past and present. He presented the City Council with some commemorative items and a book on the history of the Wilden Family. Councilmember Hilkev, suggested that if Wilden Pump knows of a distributor or manufacturer that would like to move closer to them to contact city staff Councilmember Garcia, expressed her appreciation to Wilden Pump and Engineering. MMayor Pro Tern Buchanan, expressed his appreciation to Wilden Pump and thanked Mr. Heverly for his presentation Councdmember Hilkey, read a proclamation, proclaiming October 25, 1997 as Make a Difference Day in the City of Grand Terrace 2C Commendation - Jim Sims COUNCIL AG€Nt314ITEM #jD Council Minutes _ October 9, 1997 Page 3 Gang and Drug Task Force meetings. He reported that D.A.R.E. is a good program, however alternative methods need _to be explored to find an effective program to mi elinate the drug abuse problem. He reported that he attended the monthly SANBAG meeting and that construction will begin on Route 30 Cou—nalmmbu Garcia, reported that Red Ribbon Week is coming up and that she was able to see the program that was put on by Susie Vanderhp, which was an outstanding presentation. She commended Tanya Cahill, CSO on her helpful hints and urged residents to get involved in the neighborhood watch programs. She reported that she attended the lunch that was hosted by Sheriff Penrod She reported that the Grand Terrace Garden Club will be meeting on October 23, 1997 from 3 00 p m to 5.00 p.m She reminded that all input for the General Plan Task Force should be submitted to the Community and Economic Development Department by the end of the month. Councilmember Hilkey, reported that the websnte should be up and running in about a week He recommended that the Shenff s Department update their stats He reported that an opinion survey will be one on OhINITRANS in general and a statistical survey of its routes and acceptability of the routes a TIVICIA55F131, 6A SP-85-10-Al/SA-97-02 Diversified Pacific Homes CC-97-149 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCIIJAaIBER GARCIA, CARRIED 5-0, to Continue the Public Hearing for Diversified Pacific Homes Development Corporation until the City Council Meeting of November 13, 1997 LW1410 :ID11c i NEW BUSWFM CC-97-150 MOTION BY COUNCH MEMBER SINGLEY, SECOND BY COUNCII.MElKBER GARCIA, CARRIED 5-0, to accept the audited Financial Statements of the City of Grand Terrace for the Fiscal Year Ended June 30, 1997 8B AZ=t Planning Commissioner to Fill Unexp Term CC-97-151 MOTION BY MAYOR MATTESON, SECOND BY COUNCHI EMBER GARCIA, CARRIED 5-0, to appoint Don Larkin to the Planning Commission to fill an unexpired term continuing to June 30, 1998 8C Avoroval of the Davis Comany as the Consultant to Perform a Fire Feasibility Study and Authorize a Contract with CLV of Highland as Lead Agency for Staff Report CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE October 23, 1997 SUBJECT REJECT LIABILITY CLAIM GTLC-97-02 (LODER) The City of Grand Terrace has received a claim (GTLC-97-02) for damage Mr and Mrs Loder are claiming that City Staff was negligent when issuing permits for a swimming pool causing delays and additional costs Our Claims Adjuster has reviewed the claim and is requesting that the City reject the Clain and send a standard rejection letter to the claimant A copy of the claim is attached for your review Staff Recommends Council. REJECT LIABILITY CLAIM 97-02 AND AUTHORIZE THE CITY CLERK TO NOTIFY THE CLAIMANT OF THE ACTION TAKEN COUNCIL AGENDA rrEM# 3E F� September 24,1997 On July 16, 1997 both written and verbal pernusmon was given to continue progress on the pool (next step was to pour gunite) On July 17, 1997 after the business day (approx 615) City inspector (mtials V B ) Verbally contacted our pool contraceer (prestige pods), and mformed them to stop process of pool at the Loder readence, because of an easement with the Edison Company Gunite should have been poured on July 17,1997 But because of city building and safely negligence on issuing permits before finding this out, I have suffered a $6,000 00 loss due to moving the pool location, lawyer fees, days missed from work for both myself and my wife, and a 6 weeds delay on the competion of our pool. Staff Report CRA ITEM ( ) COUNCIL ITEM (x ) MEETINGDATE July22,1997 SUBJECT City Clerk Travel to Monterey for City Clerks New Law and Election Seminar December 3-5, 1997 The League of California Cities City Clerks Department New Law and Election Seminar is December 3-5, 1997 in Monterey Staff is requesting authorization to attend Funds have been budgeted for this purpose Staff Recommends Council. Authorize the City Clerk to attend the League of California Cities City Clerks Department New Law and Election Seminar in Monterey, December 2-5, 1997 IM COUNCIL AGENDA I'!EM # 3F Staff Report CPA ITEM () COUNCIL ITEM (xx) MEETING DATE October 23, 1997 SUBJECT Disadvantaged Business Enterprise Program On September 30, 1997 our Disadvantaged Business Enterprise Program expired In order to be a recipient of Department of Transportation Federal Highway Funds, the City must annually adopt this program Under the guidelines of the program we are required to publish each year's DBE goals in both minority and majority media with a 45-day comment period for informational purposes See attached letter from the Department of Transportation and goals to be published Staff Recommends Council. ADOPT A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE CITY OF GRAND TERRACE AND DIRECT THE CITY CLERK TO PUBLISH NEXT YEAR' S GOALS IN BOTH A MINORITY AND MAJORITY MEDIA WITH A 45-DAY COh04ENT PERIOD M. COUNCIL AGENDA ffEM # JG STATE OF CALIFORNIA—BUSINE55, TRANSPORTATION AND HOUSING AGENCYY, PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRACT 8 P O BOX 231 SAN BERNARDINO CALIFORNIA 92402 TDD (909) 383 5959 August 14, 1997 Mr. William Addington, P.E. City Engineer Attention DBE Liaison Officer City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313-5295 Dear Mr. Addington: On September 30, 1997 your Disadvantaged Business Enterprise Program (DBE) will expire. This program is required in order that you may receive Federal Highway Funds. Each year you are required to publish your next year's DBE goals in both minority and majority media with a 45-day comment period for informational purposes. The minimum annual DBE goal is 10%. Please be sure advertisement shows the annual goal and the goal period of October 1, 1997 through September 30, 1998. Documentation of advertisement of annual goals must be forwarded to our office. In addition to the renewal of the DBE goal, renewal of your lobbying disclosure certification is required. FHWA requires that all local agencies that are utilizing DOT funds sign the enclosed "Attachment A" titled "Certification for Contracts, Grants, Loans and Cooperative Agreements". If non -Federal funds are used for lobbying, the local agency must also sign "Standard Form LLL" which is included as "Attachment B". As the DBE Program is a requirement for all federally and state funded projects and the lobbying certification is required for all federally funded projects, it is important that both be kept current. If you have any questions, please call Lyle Gustafson at (909) 383-4565. Very truly yours, /�9( / __Z� frl' UIS W. FLORES Chief, Local Assistance Attachments CITY OF GRAND TERRACE CRIME PREVENTION COMMITTEE Regular Mft in= NMWM September k 1997 The Grand Terrace Crime Prew Meeting was called to order at 6 MEMBERS PRESENT were JoAmi Johnson, Dottie Raborn, MEMBERS ABSENT - Dick 0 CT 151997 Committee met for the regular meeting at the Senior Center n by Chairperson, Philomene S&Ak ie Spisak, Chairperson, Bitsy Miller, Vice Chairperson, Stewart and Jackie Kurz. and Ahernate Member, Mike Fasenmyer CITY STAFF/SHEROrS DEFT. - Tanya Cahill, Community Services Officer, Lt Howet San Bernardino County Sheriffs Department and Tom Schwab, City Manages GUESTS PRESENT None. AGENDA was approved with motion by Robert Stewart and second by Dottie Raborn. AIRW TFS - Meeting of August 11, 1997 were approved as wnttem Motion by Bob Stewart and second by Jackie Kiacz. PUBLIC COAUWWNT - None CORRESPONDENCE - None BUDGET - From a beginning balm encumbered amount of $969 67 left UNFINISHED BUSINESS - None NEW BUSINESS -None Howevea Enforcement Officer and Secretary ] appearance of the city He stated sev 1 She will be working on the 2 Vehicle complaints and the 3 Her name is Julie Hernande 4 She will wear a uniform an Tom also discussed the proposal for i tentative The property owner is pus] of men in private prisons He has wn is not the tune to become alarmed REPORTS A. Sumnsary of 1Aw Eaf a. Brtsy indicated things areas She will be go e of $14,793 53 and expenditures of $20 01 and $30 33 and an closing balance of $13,873 52. Report given by Dottie Rabom Tom Schwab reported on the hiring of a new Code le said we needed a new proactive plan to improve the general ral ideas =klog of complaints to start. property maintenance and she comes from San Bernardino and will work with Tanya drive a marked vehicle 1000 bed prison in the area. He indicated that it is extremely rig to sell the property but the state does not allow any housing .en two letters and will watch the situation closely, but said this went Activity going along rather quietly and there are no special problem a new map out about every other week. COUNCIL AGENDA ffEM #F PICI City Manager's Department STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE October 23, 1997 SUBJECT ORDINANCE - COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTION FUNDING REQUIRED NO FUNDING REQUIRED Y� X The current justice administrative fee charged by the County for booking prisoners into County jail facilities is $156 90 per bookmg This figure is based on the inflation factor as calculated in the CPI for All Urban Consumers for the Los Angeles/Anaheim/Riverside area and is adjusted every February Pursuant to Section 29550 of the Government Code, cities are entitled to recover any criminal justice administration fee imposed. by a county from the arrested person if the person is convicted of any criminal offense related to the arrest The Cost Recovery System for Booking Fee Collections has been in the process for more than one and one-half years G C Services originally approached the City of Highland with the idea to collect the booking fee from those convicted and ordered to pay the fee by the Court It was realized early in the process that it would not be economically feasible to attempt this process with only one city The cities and the County were then approached by G C Services to provide the collection services for all local governments in the County The idea was supported by the City Managers and was reviewed and approved at the Mayors/City Managers Conference in 1995. It was also determined at this time that it made sense that G C Services be allowed to act as a sole source provider during the pilot program process G C Services has a proven track record in the County and are already established in the San Bernardmo County Court system COUNCIL AGEHDA ITEM # (pn Staff Report - Cost Recovery System for Booking Fee Collection October 23, 1997 Page 3 The City of Grand Terrace averages approximately eight prisoners booked each month Assuming that all of these are billable bookings and with an 86% conviction rate, the City would have seven potential accounts Due to the type of persons that are usually booked and their ability to pay, G C Services estimates a recovery rate of approximately 6 % ( 4 accounts) Therefore, it is estimated that the City would receive $62 76 per month or $753 12 per year through this process 1) CONDUCT THE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING A COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTION; 2) AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT FOR A PILOT PROGRAM FOR THE COLLECTION OF BOOEING FEES WITH G.C. SERVICES; 3) DESIGNATE THE ASSISTANT CITY MANAGER AS THE CONTACT PER PARAGRAPH 36 OF THE AGREEMENT. TS yjm Attachments Ordmance Establishing a Cost Recovery System for Booking Fee Collection Agreement for a Pilot Program for the Collection of Booking Fees Exhibit 1 (Flow Chart) ORDINANCE W.' PAGE NO.2 4 Section 3.2&O10 Authority and Scope This Chapter is adopted pursuant t to Government Code Section 295501, et seq as the same may now exist or hereafter be amended Section 3.2&020 Purpose The proceeds from this program shall be used to reimburse the City's general fund for costs charged by the County for the booking or other processing of persons arrested and other costs incurred in connection therewith. Section 3.2&030 Definitions A "City' means the City of Grand Terrace B "County" means the County of San Bernardino Section 318.040 Cost Recovery System The City Manager is hereby authorized to enter into an agreement with an outside agency to provide for the recovery of City's costs and the charges imposed by the County for criminal justice administrative fees Section 3.2&050 Amount of Fees Collected Fees collected shall be limited to those provided under Government Code Section 295501 et. seq The actual cost of recovery over and above the criminal justice adnnmshitive fee shall be charged to the person convicted if applicable Section 3.2&060 Severabiility Wary section, subsection, part, clause, sentence, or phrase of this Chapter or the application thereof is for any reason held to be mvand or unconstitutional by the demon of any court of eompeteatlunscincxwq the validity of the remammg portions of this Chapter, the application thereof; and the fee imposed shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part dwise, sentence, or phrase regardless of whether any other section, subsection, part, clause, sentence, or phrase or the application thereof is held to be invalid or unconstitutional SECTION 2. Effective Date This Ordinance shall become effective 30 days after its adoption. FOR THE COLLECTION OF ' THIS AGREEMENT is entered into this day of . 1997, by and between the City of Grand Terrace ("City') and GC Services Liauted Partnership, a private collections agency ("Agency') RECITALS A. The CITY OF ADELANTO, TOWN OF APPLE VALLEY, CITY OF BARSTOW, CITY OF BIG BEAR LAKE, CITY OF CHINO, CITY OF CHINO HILLS, CITY OF COLTON, CITY OF FONTANA, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF LOMA LINDA, CITY OF MONTCLAIR, CITY OF NEEDLES, CITY OF ONTARIO, CITY OF RANCHO CUCAMONGA, CITY OF REDLANDS, CITY OF RIALTO, CITY OF SAN BERNARDINO, CITY OF TwENTyNINE PALMS, CITY OF UPLAND, CITY OF VICTORVILLE, CITY OF YUCAIPA, and TOWN OF YUCCA VALLEY (hereinafter referred to as "the Cities") are cities duly organized and existing under the laws of the State of California and are located within the jurisdictional boundaries of San Bernardino County B The COUNTY OF SAN BERNARDINO ("the County') is a county duly organized and existing as a political subdivision of the State of California C. On or about July 1, 1990, Senate Bill 2557 was signed by the Governor of the State of California as a non -urgency meal= Senate Bill 2557 was subsequently codified as California Government Code Section 29550, and became effective January 1, 1991 Pursuant to Government Code Section 29550 , counties were authonzed to retroactively charge cities and other entities for expenses incurred after July 1, 1990, in connection with the booking or other processing of persons arrested by employees of the cities and other entities Government Code Section 29550 requires that the amount of the fee not exceed the actual administrative costs, - including applicable overhead costs as permitted by federal Circular A-87 standards, incurred in booking or otherwise processing those arrested persons. D. Pursuant to Section 29550 of the Government Code, the County charges each of the Cities a criminal justice administrative fee for each designated booking performed by the County in connection with arrests made within the jurisdictional boundaries of the respective Clues E. Pursuant to Section 295501 of the Government Code, the Cities are entitled to recover any criminal justice administration fee imposed by the County from the arrested person if the person is convicted of any criminal offense related to the arrest. 1Y 4 F ,�l � 't •'�'4 4 ! �1 S. IBM: Unless earlier canceled pursuant to Sections 33 and 34 of this Agreement, or earlier terminated by the City due to breach thereof by Agency, the term of this Agreement shall be for a period of thirty-six (36) months. After expiration, this Agreement may be extended under the same terms and conditions for two (2) additional periods of time, not to exceed twelve (12) months each at the discretion of both the City and Agency. 6. Changes and Amendments: This Agreement may not be amended, modified, or altered except by a written instrument signed by all parties hereto 7. Location of Agency: The Agency shall maintain local telephone listings or toll -free g00 numbers to serve the City where debtors may contact the Agency or its attorney regarding the amounts due on unpaid booking fees g. Use of QU Seal or Letterhead: The Agency shall not use or display the official logos or seals of the City on any communications without having previously obtained written authorization from the City 9. Confidentiality: Except as otherwise required by applicable federal, state, or local law or regulations, all information acquired by Agency in the course of performing services under this Agreement shall be confidential and shall not be open to examination for any purpose without prior written approval of the City. Each Agency employee involved in the implementation of this Agreement shall read and sign the Confidentiality Agreement attached hereto as Exhibit "C" 10. Reevaluation: The City reserves the right to withdraw from this Agreement upon the expiration of ninety (90) days' prior written notice, without regard to Sections 5, 33, and 34 of this Agreement. The Agency reserves the right to withdraw from this Agreement, except with respect to its continuing obligations under Section 22 of this Agreement, upon the expiration of thirty (30) days' prior written notice and an opportunity to cure -is provided to the City in the event that an insufficient number of accounts are assigned to the Agency through either the lack of participating Cities or insufficient placements from participating Cities. 11. Recall: The City shall have the right to recall accounts from the Agency without charge or penalty. If City continues to recall accounts after prior written notice of excessive recalls is provided by the Agency, the Agency reserves the right to refuse additional assigned accounts from the City if the City has excessive recalls 12. Commission Limitations: The Agency shall not be entitled to a commission if any unpaid booking fees are paid directly to the City before being assigned to the Agency The Agency shall not be entitled to a commission if the defendant pays the booking fee immediately upon the defendant's conviction, on the day of the defendant's conviction, or prior to any contact or attempted contact via telephone, mailings, or personal interaction by the Agency 13. Collection Activity and Techniques: The Agency shall, upon receipt of an account from the City, immediately undertake to collect such account through all ethical and lawful 3 19 Mont6 Statements: Within twenty (20) days after the end of each calendar month, the Agency shall submit a written report' to the City which shall include a summary of the fiscal activity of all individual accounts assigned to the Agency by the City as of the end of said month. 20. Independent Contractor: The Agency shall at all times be acting in the capacity of an independent contractor. -This Agreement is not intended nor shall be construed to a=te the relationship of agent, servant, employee, partnership, joint venture or association, as between City and Agency. Agency understands and agrees that all persons fumushrng services to the City pursuant to this Agreement are, for purposes of Workers' Compensation Lability, employees solely of Agency and not of the City The Agency agrees to indemnify the City for any trX retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Agency or any employee of the Agency for work performed under this Agreement. m 21. Insurance: Without in any way affecting the indemnity herein provided and k addition thereto the Agency shall secure and maintain throughout the term of this Agreement the following types of insurance with limits as shown: Workers' Compensation - The Agency shall maintain Workers' Compensation insurance, as required by law in the State of California, and Employers' Liability Insurance (including disease coverage) in an amount not less than $1,000,000.00 per occurrence. This insurance shall also waive all right to subrogation against the City and its officers, employees, representatives, agents, and volunteers General Liability: The Agency shall maintain general Lability insurance including provisions for contractual liability, independent contractors, and broad form property damage coverage. This insurance shall be on a comprehensive, occurrence basis form with a standard cross Lability clause and endorsement (ISO CO 2010 or equivalent). The City shall be named as an additional insured and the limit for this insurance shall not be less than S 1,000,000 00 per occurrence, combined single limit for bodily HVury and property age Automobile Liability: The Agency shall maintain automobile Lability insurance with coverage for any vehicle including those owned, leased, rented, or borrowed. This 11 insurance shall have an endorsement naming the City as an additional insured and with a standard cross liability clause and endorsement (ISO CO 2010 or equivalent). The limit amount for this insurance shall not be less than S 1,000,000 00 per occurrence, combined single limit for bodily mjury and property damage. Professional Liability: The Agency shall maintain professional Lability insurance with coverage for wrongful acts, errors, or omissions committed by the Agency in the course of work performed for the City under this Agreement. This insurance shall include coverage for Lability assumed under this Agreement when such liability is caused by the Agency's wrongful acts, errors, or omissions. The limit for this insurance shall be not less than $1,000,000 00 per claim. E i 1. this Agreement which is in writing and signed by all parties hereto. Agency agrees to execute any such amendment within thirty (30) days of receipt. M. Indemniflcadon: Agency agrees to indemnify, MeW and hold harmless the City and its officers, employees, representatives, agents, and volunteers fiom, any and all claims, actions, losses, damages, and/or liabilities arising from the acts or omissions of Agency and/or its consultants, agents, officers, and employees, and for any costs, fees, or expenses incurred by the City on account of any claim therefor, provided, however, that Agency's duty to indemnify and hold harmless shall not include any claims or liabilities arising from the established sole negligence or willful misconduct of the City or any of their authorized officials, employees, agents, or volunteers 23. Equal OpDOrtanity Emnlover. The Agency shall maintain equal opportunity status throughout the term of this Agreement. 24. Affirmative Action: Agency agrees that it shall take affirmative action to ensure that the intent of the City's discrimination policy is met and shall take affirmative action to ensure that applicants are employed and that employees are treated equally during employment, without regard to their race, color , religion, sex, ancestry or national origin. Such action shall include, but not be limited to the following- employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship 25 Assurance of Compliance with Civil Rights Laws: The Agency hereby assures that it will comply the Title VII of the Civil Rights Act of 1964, 42 USC Sections 2000e(1) through 2000e(17) and 42 USC Section 12101, et seq , to the end that no person shall, nn the grounds of race, creed, color, sex national origin or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity support by this Agreement. 26 Non -Assignable: The Agency shall not transfer, sell, or assign the Agreement or monies due or to become due hereunder without prior written consent of the City _ For purposes of this Agreement, a transfer shall constitute any sale of over fifty percent (50%) of the stock of the Agency, or a number of sales that over time and in the aggregate exceed fifty percent (506A). Violation of this provision shall be grounds for termination of the Agreement for cause and the attempted assignment shall be voided. However, if the attempted assignment is not voided, then all terms, conditions, and provisions hereof shall inure to and shall bmd each of the parties hereto, and each of their respective heirs, executors, administrators, trustees, successors, and assigns 27. Governing Laws: This Agreement shall be construed in accordance with and governed by the laws of the State of California. In the event of litigation between theparties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in the United States District Court, exclusive venue shall he in the Central District of California N commission paid by the City to Agency, then the difference shall be paid to Agency by City via cash payment. 32. Validity: If any team, condition, covenant, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby 33. Waiver: No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of said provision or any other provisions of this Agreement. Failure of either party to enforce at any time, or from time to time, any provisions of this Agreement, shall not be construed to be a waiver thereof The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity 34. Default for InsolvenSK The City may cancel forthwith this Agreement for default in the event of the occurrence of any of the following (a) Insolvency of encv The Agency shall be deemed to be insolvent if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether the Agency has committed an act of bankruptcy or not, and whether insolvent within the meaning of the Federal Bankruptcy Law or not, (b) The filing of a voluntary or involuntary petition to have the Agency declared apt, (c) The appointment of a Receiver or Trustee for the Agency; (d) The executing by the Agency of an assignment for the benefit of creditors. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law, equity, and /or under this Agreement. 35. Breach of Contract: (a) Should any party violate or breach any term or condition to this Agreement, any other party shall have , without limitation, the right to move for entry of judgment by a court of competent jurisdiction, to seek specific performance thereof and otherwise exercise all remedies available to it under the law to obtain redress from mjury or damage resulting from such violation or breach. (b) If all parties mutually agree before, during, or after litigation has begun, any dispute or controversy arising out of , under, or in connection with , or in relation to this Agreement, and any amendments thereto, or the breach thereoty may be submitted to Arbitration in accordance with the California Arbitration Act, sections 1280 through 9 EXHIBIT "A" a STATEMENT OF WORK CITIES AND COUNTY OF SAN BERNA"INO COUNTY ----�— --- OC Services (Agency) must designate a group manager (one individual for contact purposes) 2. Agency must agree to comply with all applicable local, State and Federal consumer and collection practice laws. Agency must provide a Monthly Collection Analysis Resort to include monthly placements in number and dollar volumes, gross collections in dollars and percentages matched against the month the account was placed and collection fees in dollars and percentages Agency must provide an Aclmowledgment Report for each batch of account referrals This report must include the placement date, account number, name, address and amount for each and every referral subnutted by the City and accepted by the Agency. Agency shall notify the City of those referrals not accepted by the Agency Agency will prepare and mail all notices. If directed, Agency shall close and return all accounts to the City at the end of the Agreement period unless instructed otherwise by the City because payments or arrangements to pay have been made On accounts that the City assigns to Agency, the formal assignment shall be deemed to occur ten (10) days after the date of the referral by the City The City shall assign accounts to Agency in such numbers and ratios as the City determines The City reserves the right to have any account recalled at its discretion The City shall have the right to recall from Agency without charge or penalty individual accounts assigned during the contract period. All information provided Agency is to be used solely for the purpose of collection of those accounts or in response to any regulatory inquiry, state audit, or other purpose approved by the City 11 EXHIBIT "B" .J CITY RESPONSIBILITY CITIES AND COUNTY OF SAN BERNARDINO COUNTY 1 The participating City must select a single City coordinator to process and distribute Acknowledgment Reports, Monthly Collection Analysis Report, Invoices and payments, and Cancellation Reports 2 The participating City will select an individual City Coordinator or create a committee to act as a contact for all the participating entities. 3 The City will forward accounts winch it desires to be handled pursuant to this Agreement to GC Services upon notification by the appropriate authority that a possible or actual obligation for criminal justice administration fees is owed the City by an arrestee or convict. 13 EXHIBIT "D" FEE SCAEDULE CITIES AND COUNTY OF SAN BERNARDINO COUNTY RATE CATEGORY Modify Agreement 1 2 3 4 5 6 7 Modify Agreement RECOVERY RATE PERCENT 9 05 and above 90-84 83-71 70-60 59-53 52-49 47-4.3 41-38 3 85 and below CONTINGENCY FEE Modify Fee Schedule 60 Percent of Actual Collections 64 Percent of Actual Collections 68 Percent of Actual Collections 70 Percent of Actual Collections 72 Percent of Actual Collections 74 Percent of Actual Collections 78 Percent of Actual Collections Modify Fee Schedule Initial Contingency Fee Rate: The initial contingency fee rate shall be sixty-eight (68) percent. Review of Contingency Fee Rate: Reviews of the contingency fee rate shall occur after the initial twelve (12) months of operation and every six (6) months thereafter The purpose of the reviews shall be to determine the need for modification of the contingency fee rate Modification of Contingency Fee Rate: The rate shall be modified, in accordance with the appropriate rate category set forth in the above table, based on the overall recovery rate obtained during the first six months of the eight month period immediately preceding the month of review, as stated in the previous section. In the event that recovery is 9 05 percent or greater, or is 3 85 percent or below the parties to the agreement, at their option, may either renegotiate the contract or withdraw from the agreement Formula: (DOLL Per') X (sum OF THE MONTHS THE wEIGHTED COLLECTION PERCENTAGE Example Calculation on Next Page 15 > Exhibit "1" J ow tan ool mm9 b omfow fief Pop DW in h Doan* Imes I - to CeMAet k fReuded of bookkp fie d*mh% Ccwt ordr\ Kd of bed be J ovolc on ncoft for p 11. for fd &' A' a lmo sad cdor/ot ootto hi! tUtd oof� \ ODAi l IL 4" tv4h6b aeau.E Atom w MAW to L"mGWAWtnwedm Uqt of ot*hagon Ya 9G*1tp h1 q* b ookdad wd fD"low I vw loud armnm td utdt LOCAL COVGIooff UMT D"m Ubo 94W bodft fH Wd mktt m onto are oolww& Preou dm%vtlon of Id Y" bookkty 1" k t vftd to me We owve ww" Udt "t of "U teitCtlofl e0fea. nxw chic" Roo soot a. (FMW w coaftom NP (PFQ"W MI 01* iookkVfn w d o ftGm one at ooft, bl. OlsbbAm of boWN fa to ten ted b fN LOW 64tlfaflRntttel UnR YN alttf aol dknaM as Tom Q#XW an f" ML" *rn my br *enoop.f" ,w, p - dd*. 1170,ffi I 4 Commwuty Services Department Staff Report COUNCIL ITEM C.Vo MEETING DATE October 23, 1997 SUBJECT CODE ENFORCEMENT PROGRAM UPDATE NO FUNDING REQUIRED BACKGROUND In September, 1997, the City of Grand Terrace began the implementation of and enhance Code Enforcement Program, when we hued a Code Enforcement Officer Tlus report is meant to provide the City Council with an update of the activities and the progress'duection of the program DISCUSSION Generally, the Commumt) Services Department has assumed the responsibility for enforcing the City's Municipal Code Sections as they apply to private properties and responsibility within the City The exceptions to this 13 that Zoning Enforcement is done through the Community Development Department and Building Code Violations through the Building Department Types of violations that will be enforced by the Code Enforcement Division. ➢ Property Mauitenance ➢ Residential Storage ➢ Vehicle Abatement ➢ Tree Trimming D Trash Containers ➢ Park Way Maintenance ➢ Pools ➢ Interior House-Keepmg The Division will be utilizing a vanety of City, County and State Codes, mchiding the Housing Code, Uniform Code for Dangerous Buildings, Fire Codes and Grand Terrace Municipal As a goal, the Code Enforcement Division as established the following philosophy Tiie primary goal for the City of Grand Terrace Code Enforcement is to educate 'he community in the need for preventative maintenance and ensuring a healthy community by enforcing the Grand Terrace Municipal Codes and all adopted State and County Codes To make the City aestethically pleasing, healthy and a safe place for the residents of Grand Terrace The main objective is to obtain voluntary compliance through education and utilize formal proceeding as a last resort or when mniediately necessary LINCIL A xENDA MM # 8A Staff Report CRA ITEM ( ) COUNCIL ITEM (x) MEETING DATE October 23, 1997 SUBJECT TWENTIETH ANNIVERSARY CELEBRATION The 20th Anniversary Celebration Committee has met and began to develop a plan The Committee is requesting initial funds to develop the graphics and art work, which will come to the Council for approval in November 1997, so we might meet the deadline to include an article in the City's January Newsletter A more detailed report will be presented to the Council in November with the graphics and artwork The Committee plans to approach community businesses and groups to ask for their support of the Celebration and therefore request that a trust fund be established Appropriate $1,000 seed money to develop the graphics and art work related to the City of Grand Terrace 20th Anniversary Celebration 2 Establish a 20th Anniversary Trust Fund to receive donations related to this project COUNCIL AG€11DA ITEM # f F • ��aff. deport CRA ITEM ( ) COUNCIL ITEM (x) MEETING DATE October 23, 1997 SUBJECT SCHEDULE NOVEMBER AND DECEMBER CITY COUNCIL MEETINGS The regularly scheduled City Council meeting on November 13 conflicts with the City/County Conference, which members of the Council are planning to attend The regularly scheduled meeting on November 27 falls on the Thanksgiving Holiday Staff is recommending that one meeting be scheduled for the month of November The regularly scheduled City Council meetings for December fall on the llth and 25th The Flistoncal & Cultural Activities Committee has scheduled the City Birthday Party for December 1 lth at 6 00 pm and have requested that the City Council schedule their meeting following this event The second meeting for December falls on the Chnstmas holiday Staff is recommending that one meeting be scheduled for December on the 1 lth following the City Birthday Party Calendars for the month of November and December are attached for your convenience Please note that should an issue arse that needs to be addressed by the City Council, the Mayor may call a special meeting ems. " 2_• 11t - . 4 _ Select a date for one November City Council meeting and schedule one December meeting to follow the City Birthday Celebration COUNCIL Ate€t7DA ITEM # PC. 1997 L�I SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY fRIDAY SATURDAY 1 Parks b Recreation Comm,1 6 3 4 pm L 5 6 Historical & Cultural Mtg 7pm Emergency Operations 7pm DEADLINE for newsltr anKIS Planning Commission Mtg 7 pm 1 8 9 10 11 12 1 Citizen Patrol Board 5 m p Crime Prevention Comm City Birthday Party City Council Meeting CLOSED — 6 pm 14 Is 16 17 18 19 20 Planning Commission Mtg 7pm 21 22 23 24 25 26 27 Citizen Patrol Mtg 6 pm Christmas Eve CLOSED Christmas CLOSED CLOSED 28 29 30 3 I New Year's Eve CLOSED