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09/09/2014� t j COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER - 22795 BARTON, ROAD GRAND TERRACE, CA 92313 , _ r , r a l F TIRE RR CE 4 r Walt Stanckiewitz, Mayor Darcy McNaboe, Council Member Jackie Mitchell, Council Member Sylvia Robles, Council Member Kenneth J Henderson, Interim City Manager r Richard L Adams, City Attorney Deborah Harrington,slnterim City Clerk _ Cynthia A Fortune, Finance, Director Sandra Molina, Community Development Director z' , r r r The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6 00 p m _ r , r a l F TIRE RR CE 4 r Walt Stanckiewitz, Mayor Darcy McNaboe, Council Member Jackie Mitchell, Council Member Sylvia Robles, Council Member Kenneth J Henderson, Interim City Manager r Richard L Adams, City Attorney Deborah Harrington,slnterim City Clerk _ Cynthia A Fortune, Finance, Director Sandra Molina, Community Development Director z' , r r r The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6 00 p m ir �W CITY OF GRAND TERRACE A&,- CITY COUNCIL AGENDA • SEPTEMBER 9, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795 Barton Road The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, 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 cityofarandterrace ora <http //www citvofarandterrace ora> CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation l _ Pledge of Allegiance Roll Call A I -3 Attendee Name IPresent Absent t Late ` ; ` Arrived Mayor Walt Stanckiewitz ❑ ❑ ❑ Council Member Darcy McNaboe ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Sylvia Robles ❑ ❑ ❑ SPECIAL PRESENTATIONS CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City 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 Waive Full Reading of Ordinances on Agenda DEPARTMENT CITY CLERK City of Grand Terrace Page ) Agenda Grand Terrace City Council September 9, 2014 All Public Hearings will be conducted following this format (a) Public Hearing opened (d) Applicants comments (applicant not limited to 3 minutes) (b) Written communication (e) Oral - favor and opposition (speakers limited to 3 minutes) (c) City Council/staff comments (f) Public Hearing closed F UNFINISHED BUSINESS None I G NEW BUSINESS Monthly Financial Report for July 2014 RECOMMENDATION - ' r Receive and file the Monthly -Financial Report for the period ending July 31, 2014 DEPARTMENT FINANCE _, a --6 —Amendment to Chapter 8-104 of Title 8 and Chapter 12 32 of Title 12 Related to Smoking Prohibitions RECOMMENDATION Read by Title only, waive further reading and introduce ORDINANCE NO 2014-_, AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8 104 OF TITLE 8 AND CHAPTER 12 32 OF TITLE 12 RELATING TO SMOKING PROHIBITIONS `, DEPARTMENT COMMUNITY DEVELOPMENT 7 Successor Agency's Recognized Obligation Payment Schedule (ROPS) 14-15B RECOMMENDATION (a) Adopt the Successor Agency's Recognized Obligation Payment Schedule (ROPS) 14-15B (b) RESOLUTION NO 2014- , A RESOLUTION OF THE SUCCESSOR AGENCY TO COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE COVERING THE PERIOD JANUARY 1, 2015 TO JUNE 30, 2015 (ROPS 14-15B) AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 34177 DEPARTMENT FINANCE 8 Professional Services Agreement with Kosmont Companies for Long Range Property Management Plan Services RECOMMENDATION Approve Professional Services Agreement with Kosmont Companies for a one year term and authorize the Executive Director to administratively renew this agreement for up to two renewal term periods of one year each, provided the annual compensation shall not exceed $25,000 DEPARTMENT COMMUNITY DEVELOPMENT City of Grand Terrace - Page 3 J t� � ., �� CITY OF GRAND TERRACE �, �,i CITY COUNCIL MINUTES • AUGUST 26, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795-Barton Road CALL TO ORDER Mayor Stanckiewitz convened City Council and City Council as the Successor Agency to the Community Redevelopment Agency at 6 00 p m Invocation was led Pastor Trevon Osborne from the Azure Hills Seventh-Day Adventist Church Pledge of Allegiance was led by Child Care Director Linda Phillips Attendee Name Title b Status Arrived Walt Stanckiewitz Mayor Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member Present Kenneth J Henderson Interim City Manager Present Richard Adams II City Attorney Present Deborah Harrington City Clerk Present Sandra Molina Community Development Director Present Emily Wong Interim Assistant City Manager Present Steve Elam Project Manager, Finance Department Present Cynthia Fortune Finance Director Present Linda Phillips Director of Child Care Services Present SPECIAL PRESENTATIONS Presentation of Proclamation recognizing the 50th Anniversary of the Grand Terrace Area Chamber of Commerce Mayor Stanckiewitz, along with Members of the City Council, presented a Proclamation to Anthony Cortez, President, Grand Terrace Area Chamber of Commerce, in recognition of the 50th Anniversary of the Grand Terrace Area Chamber of Commerce Council Member Mitchell commended the Chamber of Commerce on its perseverance and expressed her appreciation for its service Council Member Robles stated it was admirable the Chamber has been in service for 50 years Council Member McNaboe noted the Chamber has been established longer than the City and looked forward to having the ability to partner with the Chamber on future opportunities Mayor Stanckiewitz expressed his appreciation and all the best for the next 50 years CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City Council at one time without discussion Any Council Member, Staff Member, or 9 City of Grand Terrace Page 9 Packet Pg 5 Minutes Grand Terrace City Council August 26, 2014 _ Council Member Darcy McNaboe Council Member Darcy McNaboe noted the Legislators in California are taking the Water Bonds issue to Y 9 9 the November Ballot She encouraged voters to review the water bond issue, ask questions and consult with local water purveyors on how this will affect local water Mayor Walt Stanckiewitz Mayor Walt Stanckiewitz reported that on September 9th from 12 00 p m - 5 00 p m there will be a Blood Drive and Bone Marrow testing at Wilden Pump He wished everyone a happy and safe Labor Day weekend PUBLIC HEARINGS - NO HEARINGS SCHEDULED UNFINISHED BUSINESS - NONE NEW BUSINESS 4 Nutrition Program for City of Grand Terrace Child Care Center Child Care Services Director Phillips provided a staff report on the grant application to the State Department of Education, Division of Nutrition Services The grant provides financial aid to child care centers to assist in providing nutritious, well-balanced meals The grant would also provide a full-time ti cook position and defray administrative costs associated with implementing the grant Members of the Council clarified the benefits of the program, length of funding, benefit of a full-time cook and whether the food could be transported to other locations Child Care Services Director Phillips was uncertain if transporting food would be an option due to health regulations APPROVED STAFF PREPARATION AND SUBMISSION OF A GRANT APPLICATION TO THE STATE DEPARTMENT OF EDUCATION, DIVISION OF NUTRITION SERVICES RESULT, APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Council Member h SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles ' F 5 Classification and Compensation Study - Establishing the Comparative Labor Market Definition Interim Assistant City Manager Wong reported on the current status of the Compensation/Classification Study, including the Position Description Questionnaires and indicated the purpose of this Agenda item is to discuss the process and methodology of conducting the compensation portion of the study Consultant Barry Newton, of Creative Management Solutions, provided an overview of the progress to date on identifying lob descriptions and classifications The next step is the Labor Market Analysis and recommended pay grades Creative Management Solutions will be looking at government related lobs, taking into consideration the size of the organization, geography, commuting and private child care centers His firm will provide the results of the survey to the City then position it in relation to the market place with information on an implementation option City of Grand Terrace Page 3 r. Packet Pg 7 0 TITLE (PRESENTED BY AGENDA REPORT September 9, 2014 Successor Agency Item Weed Abatement Contract for Maintenance of Successor Agency Parcels Sandra 1�Jlolina, Community Development Director �I RECOMMENDATION Approve a Weed Abatement Services Agreement in the amount of $20,000 per year between the Successor Agency and CAL Dreamscape Landscape Company, Inc , for weed abatement services on Successor Agency properties 2030 VISION STATEMENT This staff report supports Goal #1 "Ensuring Our Fiscal Viability", in that CAL Dreamscape provided the lowest responsible bid and Goal #2, "Maintaining Public Safety" by ensuring weed abatement for fire prevention purposes BACKGROUND The Successor Agency is required to maintain Agency -owned properties, including abatement of weeds The previous agreement for weed abatement of these properties was entered into in April of 2011 by the former Redevelopment Agency and it expired on June 30, 2014 The Successor Agency must continue to maintain the properties, including weed abatement services as needed, to control weed growth and reduce fire hazards on Agency -owned parcels Weed abatement services are performed twice per year and, if needed, a third time DISCUSSION Staff mailed a Request for Bids to eleven service agencies and businesses that provide weed abatement services The list was created from past proposals received for weed abatement services in City right-of-way areas and for other program services In response to our request, the City received two bid proposals for weed abatement services After reviewing both proposals, staff recommends CAL Dreamscape Landscape Company, Inc, as it has the capacity to meet the scope of work and is the lowest, responsive bidder CAL Dreamscape Landscape Company, Inc, can abate weeds on the subject properties at a cost of $6,435 per abatement, whereas, EZ Sunnyday's proposal is for $9,820 per abatement Packet,Pg 9 W&A Gram Terrace CA 92313 4 � I � a 5 Prevailing Wage. 'If applicable,, Contractor and all subcontractors are required to'pay'the beneral ;prevailing"wage,rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Flelations under Section 1720 et seq ;of the California 1:abor Code and implemented the Agency Council of -the Agency of Grand Terrace. The Dirdctor's determination is on Her and open to ,inspection in the office of the,Agency Clerk a d is referred to and made a part hereof, the wage rates there n- ascertained, determined, and ispecdied are referred to and made) a gait hereof ,las though fully set forth herein r + °Contract Administration. A designee of the -Agency Will be appointed to adr>iinister this Agreement on behalf of Agency and shall be referred to, herein as Contract Administrator Standard d`# Performance. - While performing the Seivices, Contractor a shall bxprcise the'teasonable ;Contraetor`care and°skill customanly,exercised by reputable °'member"s -of Contractor's vocatio"rt practicing in °idle Metropolitan Soutfiern'Galifomta Area, -arid shall use ;reasonable diligence and best judgment while exercising its Contractor skill and expertise , ' N W) Personnel, Contractor shall furnish all personnel necessary to perform i the Services and, shall be responsible for their performance and ,compensation j Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contrabtor and timely completiort� of the Services 9 Assignifnent and Subcontracting. Neither party shall transfer any right, ii�teres#, or obligation in or under this Agreern6nt to ariy other entity without prior written consent of the other party In 'any .event,, no assignment shell be r`nad& 6hl ss the assignee expressly assumes the ,obligations 'of assignor under this Agreement, "in writing -satisfactory' to -the parties. Contractor shall, not subcontract any portion' -of,'the work required by this_ °-Agree >;ient without rpnor written approval by the -responsible Agency's Contract , Admlinistrator Subcontracts, if any,' shall- dohtain a provision- ,making them siiblecj to all provisions stip6lated'in this Agreement, including Without limitatioh,, the insurance obligation`s set forth in Section 12 Contractor acknowledges that any transfer of rights'rhay require Executive Director and/or Agency Board approval 10 `Independent Contractor and PERS Eligibility Indemnity 101 Independent Contractor. In the performance of this Agreement, JUL Contractor; and Contractor's employees, subcontractors and agents, shall act in a an independent capacity as independent contractors, and not as officers or = { employees of the `Agency or the Agency -of 'Grand Terrace. Contractor d acknowledges and agrees that the Agehcy or the Agency has no obligation to ,pay a a � F Packet4Pg 13 Section, and that this -S'ection shall'surviWthe expiration or early drmination sof the Agreement r _ 12 Insurance. 121 General Provisions. Prior- to -the A9ency's execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term. of fhis Agrem eent,, such insurance` policies, and coverages in the types, limits, form and ratings r�t�uirei herein The rating and required insurance policies and colerages` may be modified in 'writing by the Agency's Risk Manager or Agency Counsel, or a designee, 'unless _such modification is prohibited by law - 12 1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indenirWication :obligations under Section 11 hereof, 12 1 2 Ratings. Any insurance policy, dr coverage provided by Contractor ,f sub6dfitractors'as required by this Agreement shah be dee'riied inadequate and armateria! breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized ic'ltraiisact insurance-business,in the State - N California with a policy holder's rating of A- or higher and a Finar vial Class of ViI v or Nigher - Mi n i2,1 3 Cancellation. The policies,' shall not be canceled unless thirty (SO) _ days priQi' written notification of antended cancellation has been given to Agency by certified or registered mail, postage prepaid - z _ v co 12.1 A Adequacy The City of Grand Terrace and the Agency, their respective officers, employees and agents make no representat!on that_the;ttypes d or limits of insurance specified to be carried by Contractor pursuarit to this Agreement are adequate to protect Contractor" If, Contractor believes that any a req'W,,ed Insurance'coverage is inadequate, Contractor will obtain such additional y insurance coverage as Contractor deems adequate, at Contractor's sole expense "12 2 Workers' Compensation Insurance By, exeouttng this Agreement, z Contractor certifies that Contractor is aware of and will comply�wrth Section 3100 of the Labor Code `of the State of California requiring ,every employer to be c9 insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work Contractor shall carry the` insurance or � provide for self-insurance required by California law to protect said -Contractor from claim's under the Workers' Compensation Act-f Prior to Agency's execution a of this Agreement, Contractor shall `file with Agency either ,(1) a certificate of a insurance showing that such insurance is in effect, or that Contractor is self -insured for such, i ov'erage;- or '(2) a certified statement ,that Contractor has no employees, and' acknowledging that if Cant"factor does employ ,any person, the a 4 r v ` Packet Pg 15 injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability Upon City's request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section 13 Businesi Tax Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5 04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement 14 Time of Essence Time is of the essence for each and every provision of this Agreement 15 Agency's Right to Employ Other Contractors. Agency reserves the right to employ other Contractors in connection with the Services 16 Conflict of Interest Contractor represents and warrants that by the 5 execution of this Agreement, they have no interest, present or contemplated, in N the Services affected by the above -described Services Contractor further warrants that Contractor has no real property, business interests or income Mi interests that will be affected by this Service or, alternatively, that Contractor will _> file with the Agency an affidavit disclosing any such interest 17 Solicitation Contractor warrants that Contractor has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, and brokerage or commission fee The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement 18 General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of services by Contractor pursuant to this Agreement Contractor o shall at all times observe and comply with all such laws, ordinances and a regulations, and shall be solely responsible for any failure to comply with all c applicable laws, ordinances and regulations s v Q 6 Packet Pg 17 provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, Ito be set by the court in such action I24 Nondiscrimination) During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement 25 Severability. Each provision, term, condition, covenant and/or N restriction, in whole and in part, of this Agreement shall be considered severable r In the event any provision, term, condition, covenant and/or restriction, in whole Mi and/or in part, of this Agreement is declared invalid, unconstitutional, or void for _> any reason, such provision or part thereof shall be severed from this Agreement = and shall not affect any other provision, term, condition, covenant and/or ri restriction of this Agreement, and the remainder of the Agreement shall continue oD in full force and effect CO 26 Authority, The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof Notwithstanding, ,, the he Agency's authonty to enter into this Agreement is subject to the approval of the State Department of Finance MOP) if the DOF does not approve this Agreement the Agreement is null and void 27 Entire Agreement This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties Neither party has been induced to enter into this Agreement by, and neither party is relying on, o any representation or warranty outside those expressly set forth in this a Agreement = d E a s Packet Pg 71971 a:33 v ° � =r g 0 �. a > ar m D w @ Cn cn tR a 1 N o 10—M eat r n (D 0 n c O i y 4 � r l C1 i Cr Attachment PROF SRVCS AGRMNT2014 SA Agreement 8 1914_finalv3_ (1521 Weed Abatement Contract for Maintenance of Successor BRH--MIT CAL )Dreamscape Landscape Company, Inc 22421 Barton ttoad,9286 011Tye (909)423-0200 Grand Terrace CA 92313 Fax (909)423 0202 Stvt,DWIIsi.rwntbu5529_'7 LandscapeC27 Ccrutkd Arbonst \VC IM Trem (A 1, D49 Mmntcnanct:Gw nerPestCorivol QAL'100084 GcncralLtlibthh la5rrrant.e Wnrkenf.cinip Proposal Submitted to City of Grand Terrace Coairiuipily Development Dept 22795 Barton Rd Grand Terrace CA 92313 weed abatement of AIaN 116T-151-71 includes Tractor, Labor Naul off and Ou[np Weed Abatement of APH 1167-15122 Includes Tractor Labor, Haul off and dump weed Abatement of AP1ds 1j67-161.03 includes Tractor, Labor, Haut off and dump Weed Abatement of APN 1187-161-04 Ir)ciddes Tractor tabor, Haut off and dump Description Proposal Proposa[ rate+ 811112014 Proposal # 17816 Teints Rep I Work to be performed at. ' $362,81 $1475 OD $61$ 75 $56 25 MUi All material is guaranteed to be as so!pffed, and the above work is to be performed In accordance with the drawings rind Specifications submitted ror the above,work-aiid comptewd m a substantial Total ,$6,435 W tvotimanlike manner for the sum of Any altemuopordcmhiuitctioaabovcWciSnuonsinvolving cxtr,casts w0lbectnvtedonly upon'Wit( tntlem,and ivillbetumeancxtpt charge aicr and above the esilmatk Airagmin.ntsarc contingent upon sGiKh a�cidcoteor detpr,i ha�rond our control,vnc[ is cam lire lornada and tither ne;L%swy tosunnce upon above wort. ,Workm Compensat tm and Publu. Ltaj rtiw Insimnee on ubote µ 1 to be &Un out by (Ai Inc asIbIloWrPubbe[.wbtlity.Ittst1=mri&First Comp ACCEPTANCE OF PROPOSAL The strove ynces spectfieaEions una Respecitutly $ubiniitted by cirmllnoria dmsatisFaoumy writ arF hereby a«epWA CAL Ortam:- i� Lanstam Cal Dreamseope Landscapt. C'o_ Company [at, is aathoamd to do the work as spectfied t'a`y'mnet %111 ba ataxia as Kenneth Reed, Prns outlined in Auachmeni Steried� Signature Date a 12 Packet Pg 23 a x MEETING DATE TITLE PRESENTED BY RECOMMENDATION AGENDA REPORT September 9, 2014 Council & Successor Agency Item Letter of Support for AB 2493 (Use of 2011 Redevelopment Bonds) Emily Wong, I Interim Assistant City Manager Authorize the execution of a Letter of Support for passage of AB 2493 (Use of 2011 Redevelopment Bonds) 2030 VISION STATEMENT This staff report supports Goal #11 Ensuring Fiscal Viability and Goal #2, Maintain Public Safety, and Goal #3, Promote Economic Development The ability to use bond funds issued in 2011 will help ensure fiscal viability and promote economic development by providing infrastructure development necessary to attract future businesses and economic development activity, as well as increase vehicular and pedestrian safety BACKGROUND Existing law authorizes the Department of Finance to issue a finding of completion to a successor agency that completes a due diligence review and meets other requirements Upon receiving a finding of completion, a successor agency is authorized to expend excess bond proceeds derived from bonds issued on or before December 31, 2010, in a manner consistent with the original bond covenants The bill would expand this authorization to include the expenditure of excess bond proceeds derived from bonds issued on or before June 28, 2011, and would allow proceeds derived from bonds issued between January 1, 2011, and June 28, 2011, to be used by successor agencies for projects meeting certain criteria established in the bill DISCUSSION, In June of 2011, the Community Redevelopment Agency of the City of Grand Terrace issued bonds in the amount of $15,175,000 Currently, existing law prohibits the City and Successor Agency from expending bond proceeds to extend infrastructure in several locations, including mitigation of drainage and circulation issues necessary to attract a mixed use shopping center in the southwest area of the community Passage of AB 2493 may provide the City and Agency with the ability to complete several infrastructure projects that will support future growth and development, thereby generating jobs and increasing local tax revenues At the time this matter was completed and placed on the agenda, the fate of AB 2493 was unknown Since that time, both houses of the state Legislature have approved the bill and AB 2493 has been sent to the Governor for signature The Governor's position Packet Pg 25 September 9, 2014 Cheryl Brown, Assembly Member 47t' Assembly District P O Box 942849, Room 2196 Sacramento, CA 94249-0047 Dear Assembly Member Brown Subject: Request for Support of AB 2493 (Bloom) — Use of 2011 Redevelopment Bonds 0 N w 0 d N D v Cl) O� e}' N m �a w 0 a a N r-. 0 m d J The City of Grand Terrace urges you to support the passage of AB 2493 This bill w i allow the City to use ,proceeds of bonds sold between January 1, 2011 and June 28, 2011 The bond proceeds would be used to carry out critical infrastructure projects 1 have been planned for years and are identified in the former Redevelopment Agencl RedevelopmenfPian These funds would be used to mitigate drainage and circulate+ issues necessary to attract a regional shopping center located in the southwest area the community, immediately adjacent to the freeway, as well as provide Barton Roac and Michigan Street improvements to increase the vehicular and pedestrian safety Q these arterial roadways Implementation of these projects will benefit our residents ensure our fiscal viability by attracting businesses/economic advity, generating jobs and increasing local tax revenues As an Assembly Member, you have demonstrated leadership and ,support for the communities you serve, including the City of Grand Terrace Thus, we respectfully request you support and vote yes on AB 2493 Sincerely, Wait Stanckiewitz Mayor cc Norma J Torres, State Senator Packet Pg 27 _ a N-� A, AGENDA REPORT h MEETING DATE September 9, 2014 Council Item TITLE Monthly Financial Report for July 2014 PRESENTED BY Cynthia Fortune, Finance Director i I i RECOMMENDATION Re6eive and file the Monthly Financial Report for the period ending July 31, 2014 2030 VISION STATEMENT This staff report supports City Council Goal #1, "Ensure Our Fiscal Viability", through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations BACKGROUND The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month The attached MFR for the period ending July 31, 2014 is the first such report The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare ` them to the Adopted Budget and fiscal year-to-date (YTD) expected amounts The MFR encompasses the City's two major funds General Fund and Child Care Fund DISCUSSION The Fiscal Year (FY) 2014-15 Adopted Budget amounts are presented in the attached MFR for reference purposes Any adjustments to the Adopted Budget that may occur during the fiscal year will also be reflected in the report Comparing the fiscal YTD actual revenues and expenditures to the full -year Adopted Budget would not be particularly meaningful, especially early in the fiscal year, therefore, YTD "expected" amounts are also presented in the report The "expected" revenues reflect a multi -year analysis of revenue receipts that have, historically, been received as of this month in the fiscal year The resulting positive or negative variances shown in the MFR are in comparison to these "expected" receipts The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts, however, it is not entirely straight-line in nature For example, some months have three pay periods rather than two Also, debt service payments are only made twice a year Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly Finally, a number of payments made in July are accrued back to June as a fiscal year-end adjustment As a result, July expenditures are generally less than the ensuing months All of these factors are reflected in the YTD "expected" expenditures shown in the MFR Packet Pg 29 V Ca �W l City of Grand Terrace Monthly Financial Report For the Period Ending July 31, 2014 Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) r- GENERAL FUND REVENUE Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) City of Grand Terrace FY 2014-15 General Fund Monthly Financial Report For the Period Ending July 31, 2014 Positive Ne ative July YTD July YTD July-YTD Variance Adopted Expected % July YTD % from Revenue Budget Receipts Expected Actuals Actua►s YTD Expected Property Tax Residual Receipts - RPTTF Property Tax (20% Loan Alloc) Franchise Fees Licenses, Fees & Permits Sales Tax Intergovernmental Revenue/Grants Charges for Services Fines & Forfeitures Miscellaneous Use of Money & Property Transfers In Residual Receipts - Sr Housing Waste Water Receipts 1,414,000 40,000 2 8% 44,836 3 2% 4,836 306,370 137,867 45 0% 164,847 53 8% 26,980 0 0 0 0 480,000 0 0 0% . 0 - 0 0% 0 276,200 11,916 43% 15,097 5_5% 3,181 1,047,000 0 0 0% 0 0 0% 0 35,000 0 0 0% 0 0 0% 0 81,200 5,244 6 5% 5,219 6 4% (25) 25,000 1,449 5 8% 26 01 % (1,423) 5,000 147 2 9% 0 0 0% (147) 25,000 2,050 8 2% 1,610 6 4% (440) 0 0 0 0 0 0 0 0 700,000 0 0 0% 0 0 0% 0 4,394,770 198,673 4-50A 231,635 — , ° 32,962 I Residual receipts projection was conservative based on recommendations from the County Auditor -Controller Actual receipts are higher m 0 � cn w 01 N Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) REVENUE - Sales Tax 450,000 400,000 350,000 300,000 250,000 c 200,000 150,000 100,000 50,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN �FY2014-15 tFY2013-14-*—FY2012-13 —tFY2011-12 , f r G t �• r} 1 b 4 z t � I 7 - J /r l � s Annual Sales Tax Tax Revenues FY2014-15 (as of month end) $0 FY2013-14 $884,949 FY2012-13 $971, 549 FY2011-12 $963,439 m w o� y Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) _ 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 REVENUE - Franchise Fees Y _ � 5 4 M ` i ` ` t • r_ '- r j t\a, _ rL _ t i ro r ` r - 1/00, } _ �f i T LIZ Ax✓»S r ,eu, ,M. .}, a✓~ 16 .i ttl `+F A�' ✓ ,� '.iv < Y.t r i JUL AUG SEP OCT NOV DEC JAN FEB MAR -4--FY2014-15 fFY2013-14-d-FY2012-13 --@-FY2011-12 Annual Franchise Fees FY2014-15 (as of month end) $0 FY2013-14 $474,452 FY2012-13 $478,269 FY2011-12 $478, 011 APR MAY JUN t Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) JC" m GENERAL FUND EXPENDITURE BY DEPARTMENT Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) h COMMUNITY DEVELOPMENT i Building & Safety ii Public Works iil Rental Inspection Program iv Enforcement Program v Facilities Maintenance vi Community Development vii Parks Maintenance viii Storm Drain Maintenance ix National Pollutant Discharge Elimination System (NPDES) x Planning Commission -o J� 1 w ` Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) EXPENDITURE - General Government 140,000 120,000 100,000 FL 80,000 60,000 40,000 20,000 JUL AUG SEP OCT NOV DEC JAN FEB, MAR APR MAY UN General Government Departments City Council, City Manager, City Clerk and City Attorney FY2014-15 (as of month end) $31,832 FY2013-14 $689,463 FY2012-13 $514,314 FY2011-12 $537, 061 m e c� n-Con. Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) cn M EXPENDITURE - Finance 60,000 �? - l` t oe 50,000 t 40 000 S 1 f Ank— 30,000 i t 20,000 10,000 M ; f i i JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN --C-FY2014-15-21-FY2013-14-f-FY2012-13-Cl--FY2011-12 Finance Department FY2014-15 (as of month end) FY2013-14 FY2012-13 FY2011-12 $8,048 $369,432 $346,409 $256,223 Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) GENERAL FUND EXPENDITURE BY CATEGORY Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) r- 1 EXPENDITURE - Salaries 120,000 100,000 80,000 /,000 60,000 40,000 =_e4000, 20,000 (zo,000) -9-FY201415 --W-FY2013-14 -ghrFY2012-13-FY2011-12 i r f 1 4 i r A f 1 i, l JUL AUG 5EP OCT NOV t DEC 1AN FEB MAR APR MAY JUN 3 J J Salaries FY2014-15 (as of month end) $33,565 FY2013-14 $697,536 FY2012-13 $659,163 FY2011-12 )$791,344 �c m a 'r to Cn Cn Attachment Monthly FinRpt July 2014-1 (1539 Monthly Financial Report for July 2014) EXPENDITURE - Professional/Contractual Services 600,000 i 500,000 , 7 400,000 300 000 , 200 000 y 100,000 h 4z: P 1 : JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN --o-FY2014-15 tFY2013-14 fFY2012-13 -0-FY2011-12 Professional/Contractual Services FY2014-15 (as of month end) FY2013-14 FY2012-13 FY2011-12 $190, 382 $2,438,743 $2,336,411 $2,213,146 Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) CA 01 CHILD CARE FUND REVENUE ANDEXPENDITURE �3 fD Attachment Monthly Fin Rpt July 2014-1 (1539 Monthly Financial Report for July 2014) 4 Y AGENDA REPORT 'MC1 MEETING DATE September 9, 2014 Council Item TITLE Amendment to Chapter 8 104 of Title 8 and Chapter 12 32 of Title 12 Related to Smoking Prohibitions i PRESENTEd BY Sandra Molina,'I Community Develop i ent Director RECOMMENDATION Read by Title only, waive further reading and introduce ORDINANCE NO 2014- , AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8 104 OF TITLE 8 AND CHAPTER 12 32 OF TITLE 12 RELATING TO SMOKING PROHIBITIONS 2030 VISION STATEMENT This staff report supports Goal #2 "Maintain Public Safety" by ensuring smoke free zones in public parks and facilities It also supports the City's recent Healthy Cities designation by the County of San Bernardino Department of Public Health BACKGROUND, �Y l On April 14, 2014, the Healthy City Sponsorship application prepared by the Foundation of Grand Terrace in support of a healthy active living community was accepted by the County of San Bernardino Department of Public Health, granting the City a "Healthy City" designation This effort was also supported by City Council adoption of Resolution 2014-50 Grand Terrace has a number of healthy lifestyle activities which occur in the community throughout the year There are strong youth sports leagues, walkers, joggers, cyclists and the annual Blue Mountain Walk among others In addition, the Lions Club 5K Run/Walk for FREEDOM event is scheduled for September 14t' along with a Health and Fitness Fair at Pico Park Our local parks, have walking paths incorporated into them, and the Fitness Park, in particular, was specifically designed with walking paths and exercise stations to help promote healthy life styles of Grand Terrace residents Moreover, the Child Care Services Director will be submitting a grant to the state Department of Education, which is intended to expand the Center's food program with an emphasis on healthy foods and healthy eating habits DISCUSSION A Healthy Community promotes a positive physical, social, and economic environment ( that supports the well being of its members As such, the proposed Ordinance would Packet Pg 57 `6 a �r� y ORDINANCE NO 2014- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8104 OF TITLE 8 AND AMENDING CHAPTER 12 32 OF TITLE 12 OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO SMOKING PROHIBITIONS II WHEREAS, smoking and secondhand smoke is responsible for the I premature deaths of hundreds of thousands of Americans each year from lung cancer, heart disease, respiratory illness, and other diseases, and I WHEREAS, the U S Surgeon General has declared that nicotine is addictive as cocaine and heroin, and WHEREAS, nicotine is a highly addictive neurotoxin and is included in the Prop 65 list of Chemicals Known To The State To Cause Cancer Or Reproductive Toxicity Nicotine is -known -to cause -birth defects and is particularly dangerous for vulnerable populations including children, pregnant women and people with cardiovascular conditions, and WHEREAS, the U S Food and Drug Administration announced that a laboratory analysis of electronic cigarette samples has found that they contain carcinogens and toxic chemicals such as diethylene glycol, an ingredient used in antifreeze, and WHEREAS, these products are marketed and sold to young people and are readily available online and in shopping malls These products are available in different flavors, such as chocolate and mint, which may appeal to young people In addition, these products do not contain any health warnings comparable to FDA -approved nicotine replacement products or conventional cigarettes, and WHEREAS, the Los Angeles County Department of Public Health supports amending local smoke -free policies to include e-cigarettes because "studies indicate that e-cigarettes pose potential dangers for users, as well as for non -users who passively inhale these chemical vapors" and WHEREAS, the City Council of the City of Grand Terrace supports policies that focus on and improve the health and wellness and healthier lifestyles in all communities, and WHEREAS, the City of Grand Terrace has received the "Healthy Cities' designation from the County of San Bernardino Department of Public Health on April 14, 2014, and WHEREAS, 7smokmg and secondhand smoke is detrimental to the health and W M v Z Packet Pg 59 Ordinance No 2014- Page 3 of 9 For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them A "Bar" means an area which is devoted to serving of alcoholic beverages and in which the serving of food is only incidental to the consumption of such beverages I I i l B "Ewing establishment" means every publicly or privately owned eating place, including coffee shops, cafeterias, short-order cafes, luncheonettes, sandwich shops, soda fountains and restaurants C "Electronic smoking device" means any device that delivers vapors for inhalation of tobacco products This term shall include every variation and, type of such devices whether they are manufactured, distributed, {marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor D "Employee" means any person who is employed by an employer for direct or indirect monetary wages or profit E "Employer" means any person who employs the services of an individual person �y or employee f= �-J F "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies G "Motion picture theater" means any theater engaged in the business of exhibiting motion pictures H "Smoking" means the use of any cigar, cigarette, pipe, electronic smoking device, or any other similar article, using any form oftobacco, tobacco product, or other combustible substance in any form "Workplace" means any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services of the business entity, or which will provide primarily clerical, professional or business services to other business entities or to the public at that location Workplace includes, but is not limited to, office spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes J "Park" means any community park, neighborhood park, special use or other park, and any open space area maintained by the City Page 3 of 9 Packet Pg_ 61 6.a Ordinance No 2014- Page 5 of 9 1 be shown upon the' screen for at least five seconds before showing feature motion pictures 8104 060 Smoking prohibited —Eating establishments Smoking is prohibited and is unlawful in all indoor eating establishments serving food, which have an occupancy capacity of fifty or more persons This prohibition shall not apply to any establishment maintaining a contiguous nonsmoking area of at least one - quarter of the seating capacity This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions If a smoking area is maintained, the preference for the patron is to be determined by the management and the patron shall be seated according to the preference if possible Any portion of an indoor eating establishment used for bar purposes is excluded from the restrictions of this section 8 104 070 Smoking prohibited —Department stores Smoking is prohibited and is unlawful in public areas of every department store which sells dry goods, clothing or utensils, excluding areas outdoors 8 104 080 Smoking prohibited —City buildings and facilities a { A Except in such places in which smoking is already prohibited by State or Federal 0 law, in which -case the State or Federal law applies, smoking shall be prohibited in the following areas N 1 In any City building or facility 2 Within 20 feet of any entrance, exit, operable windows, or ventilation ducts of any City building or facility 8 104 090 Smoking prohibited — City parks and other recreation areas Smoking shall be prohibited in any outdoor area that has been improved or developed by or on behalf of the City, and open to the general public for park or open space use, including, but not limited to public parks, picnic areas, playgrounds, sports or playing fields, walking paths, gardens, hiking trails, bike paths, and any other areas designated a park by the Director of Community Development 8 104100 Smoking Waste It is unlawful to dispose of lighted or unlighted cigars, cigar butts, cigarettes, cigarette c butts, pipes, electronic smoking devices, or any other similar article used for smoking in the boundaries of an area where smoking is prohibited, other than in designated waste a receptacles 8 104 110Regulation of smoking in the workplace a a Page 5 of 9 Packet Pg 63 6.a _ Ordinance No 2014- Page 7 of 9 reasonable policy a smoking area shall not be deemed a reas � M Y 8 104120Posting and signs required A Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height and/or the international no smoking logo, on a contrasting background It is the duty of thel owner, operator, manager or other persons having controli of such room, building or other place where smoking is prohibited, to post such signs or to cause such signs to be posted B It is unlawful to willfully mutilate or destroy any signs required by this section 8 104130 Prohibition of electronic smoking device use in smoke -free places and other regulations A It shall be a violation of this chapter to use an electronic smoking device in any place within the city where smoking is prohibited by law B No person or entity shall knowingly permit the use of electronic smoking device in d an area under the legal or de facto control of that person or entity and in which E a smoking is prohibited by law C All other regulations and prohibitions contained in this chapter relating to tobacco products shall apply the same to electronic smoking devices N 8 104140 Other agency cooperation Federal, state, county, school and special district officials are urged to enact and enforce provisions similar to the provisions of this chapter 8 104150 Structural modifications not required A It shall be the responsibility of employers to provide smoke -free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas B Nothing in this chapter shall require the owner, operator or manager of any theater, auditorium, health care facility or any building, facility, structure or business to incur any expense to make structural or other physical modifications to any area or workplace C Nothing in this section shall relieve any person from the duty to post signs or D { adopt policies as required by this chapter p R a Page 7 of 9 Packet Pg 65 N (Q (D O h CD �0 D=r v �Q r ,CD D n v r- O 50 CD 0- o v n=r D n= (O O O a a Cn CAI a z z --1 Attachment Ordinance Relating to Smoking Prohibitions [Revision 2] (1536 Amendment to Chapter 8104 of Title 8 and Chapter 12 32 of Title -0o �Q CD ,to� o 0 �0 Z 0 N O -P o�, 0 K.., F: I RAIN �_ �rYrn ��y MEETING DATE TITLE i PRESENTED BY RECOMMENDATION AGENDA REPORT September 9, 2014 Council & Successor Agency Item Successor Agency's Recognized Obligation Payment Schedule (ROPS) 14-15B Cynthia Fortune, Finance Director (a) Adopt the Successor Agency's Recognized Obligation Payment Schedule (ROPS) 14-15B (b) RESOLUTION NO 2014- , A RESOLUTION OF THE SUCCESSOR AGENCY TO COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE COVERING THE PERIOD JANUARY 1, 2015 TO JUNE 36, 2015, (ROPS,14+15B) AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 34177 2030 VISION STATEMENT This staff report supports City Council Goal #1, "Ensuring Our Fiscal Viability" through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations BACKGROUND Redevelopment dissolution and wind -down legislation (ABx1 26 and AB 1484) requires successor agencies to submit a Recognized Obligation Payment Schedule (ROPS) covering each six-month period, following review and approval of the ROPS by their respective Oversight Boards The previous ROPS submittals for the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace (Successor Agency) were as follows • ROPS 1 Reporting Period 1/1/12 - 6/30/12 • ROPS 2 Reporting Period 7/1/12 - 12/31/12 • ROPS 3 Reporting Period 1/1/13 - 6/30/13 • ROPS 13-14A Reporting Period 7/1/13 - 12/31/13 • ROPS 13-14B Reporting Period 1/1/14 - 6/30/14 • ROPS 14-15A Reporting Period 7/1/14 - 12/31/14 The next ROPS is due to the California Department of Finance (DOF) on October 1, 2014, and covers the reporting period 1/1/15 - 6/30/15 The attached ROPS is " designated as "ROPS 14-1513" which represents the report for the second half of Fiscal Packet Pg 68 0 City Manager Completed 08/29/2014 5 04 PM City Council Pending __ Packet ,Pg 70 RESOLUTION NO 2014- A RESOLUTION OF THE CITY OF GRAND TERRACE AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE COVERING THE PERIOD JANUARY 1, 2015 TO JUNE 30, 2015 (ROPS 14-15B) AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 34177 WHEREAS, the Grand Terrac� Community Redevelopment Agency, Grand Terrace, California ("Agency") was formed for the purpose of revitalizing areas within the City of Grand Terrace pursuant to Health and Safety Code (HSC) Section 33000, et Seq , and WHEREAS, AB x1 26 required the dissolution of all redevelopment agencies in the state, and WHEREAS, on January 10, 2012, the City adopted Resolution 2012-01 electing to -serve -as -the -Successor -Agency to the Grand Terrace Community Redevelopment Agency ("Successor Agency") pursuant to HSC Section 34176, and WHEREAS, a Recognized Obligation Payment Schedule (ROPS) is defined ,in HSC Section 34171(h) as the minimum payment amounts and the due, dates of payments required by enforceable obligations for a six-month period, and 1 WHEREAS, the ROPS identifies the payment source of enforceable obligations ; as payable from the Redevelopment Property Tax Trust Fund (RPTTF) and payable from Other Sources of the Successor Agency, and C4 WHEREAS, the California Department of Finance has required a submittal of the ROPS covering the period January 1, 2015 to June 30, 2015 (ROPS 14-15B), in y accordance with AB 1484 to be submitted by October 1, 2014, and Mi WHEREAS, on September 9, 2014, the ROPS for the period January 1, 2015 to June 30, 2015 (ROPS 14-1513) was reviewed and approved by the City as Successor Agency, and NOW THEREFORE, THE CITY OF GRAND TERRACE AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS SECTION 1 The City as Successor Agency finds that the above recitations are H true and correct and, accordingly, are incorporated as a material part of this Resolution �3 t S � Z :i i a Packet Pg. 71 l 1 I r f t �t I r8 4'0 A 1 Q (D M (D 2 0 o Q 0a Cr �• M o, cQ L . C � T N 3 M 00 cn PF P41. C— N A, c (D C. W P (D 0 0 (i1 N i J s F I Attachment Resolution Approving ROPS 14-15B_SA v1 (1527 Successor Agency's Recognized Obligation Payment Schedule (ROPS)14-15B) [ 'I A B C D E am # Project Name / Debt Obligation Obligation Type Contract/Agreement Execution Date Contract/Agreement Termination Date 1 2011 A Tax Allocation Bond Bonds Issued After 1/1/2011 9/1/2033 2 2011 B Tax Allocation Bond Bonds Issued After 12/31/10 1/1/2011 9/1/2026 3 Trustee Fees Fees 1/1/2011 9/1/2033 4 Zion Loan City/County Loans On or Before 6/27/11 7/1/2005 1 0 9/1/2020 ' 5 Repayment of Debt Service Miscellaneous 1/28/2012 1/28/2021 Bank roup AdvertistnglNoticmg Grand Terrace Recognized Obligation Payment Schedule (ROPS 14 15B) - ROPS Detail January 1, 2015 through June 30, 2015 (Report Amounts in Whole Dollars) IFG H I Total Outstandin iyee Description/Project Scope Project Area Debt or Obliga` $ 5000 o Bond Principle and Interest on RDA Grand Terrace 2F = Bond Principle and Interest on RDA Grand Terrace Q 'o m Bonds _ p A m Trustee Fees Grand Terrace anal Bank Private Refunding of CRA Debt Grand Terrace t ' ini Water Repayment Incorrect debt service Grand Terrace distnb b -SBC ATC 4 6 6 Professional Services Professional 2/1/2012„, 613012013 City News G ulrroressionai Services J 1 —� O abatement Professional 211/2012 6/30/2034 Professional Appraisers Property Appraisal Services Grand Terrace ] 09h Services Property 4/12/2011 6/30/2015 ACE Weed Abatement Weed for Agency owned Grand Terrace y Z 009 Z Maintenance I property 10 Professional Services Professional 2/112012 6130/2034 Urban Futures S E C' Rule 15c2 12'Compliance Grand Terrace Services Requirement Bonds= 11 Professional Services Professional 2/1/2012 6/30/2034 Omni/Orrick IRG sec 148(f) Compliance Arbitrage Grand Terrace Services Rebate Calculation ' 12 Agency Owned Property Property 2/1/2012 6/30/2034 Various contractors Property Maintenance and Insurance Grand Terrace ]Maintenance Agency Property i 13 2011A 1 ABS Debt Service Keserve lKeserves 14 2011 B TABS Debt Service Reserve lReserves 15 Professional Services RDA wind Dissolution P down )9 0009 l ]E 000E 1 9/1/2033 US Bank DSR Bond Covenant Requirement Grand Terrace 1 1 9/1/2026 US Bank DSR Bond Covenant Requirement Grand Terrace � 6 00EL 0096 El 2 1/31/2013 Rogers Anderson Malody Due Diligence Reporting/Review H&S Grand Terrace 34179 5 ] OS 000 09 11 6/30/2034 Jones & Mayer Legal Counsel under H&S 34177 3 b Grand Terrace 17 2011A TABS Bond Projects Professional 3/13/2012 3/13/2016 Webb &Assoc Michigan Street improvements design Grand Terrace Services I and ROW ac 18 2011A :TABS Bond Projects Professional 1/1/2011 9/1/2033 Contractors/Staff Southwest project area Infrastructure Grand Terrace Services stpoy and design 19 2011A TABS Bo6d•Pf6jects , improvementlinfrastr 1/1/2011 9/1/2033° y Contractors/Staff Southwest project area infrastructure Grand Terrace;.. <„ ' v ucture I n> construction 20 2011A TASS,Bond Projects Improvemc nt/Infrastr 1/1/2011 9/1/2033 Contractors/Staff Barton Road infrastructure Grand Terrace ucture improvements 21 2011A TABS Bond Projects Improvement/Infrastr 1/1/2011 9/112033 Contractors/Staff Michigan,Stree't improvements Grand Terrace ' ucture construction 22 2011A TABS Bond Projects improvementlinfrastr 1/1/2011 9/1/2033 Contractors/Staff Union Pacific/Barton'Road bridge > GrandrTerrace ucture' construction 23 2011A TABS Bond,Projects improvementlinfrastr'' 1/1/2011" 911/2033 Contraotors/Staff Storm dram &:street rehab Van Buren Grand Terrace, " ucture Pico, and Man St 011A TABS Bond Projects improvementlinfrastr 1/1/2014 9/112033^ Contractors/Staff Mt Vernon slope stabilization Grand Terrace ucture 011A TABS Bond Projects improvementlinfrastr 1/112011 _ 9/1/203� Contractors/Staff Vista Grande Park construction, Grand Terrace C�9 ucture 011ATABS°Payment Reserve Reserves ,= 1/1/2011 9t1/2033 US Bank., Reserve as.pee'H&S 34171(d)(1)(A) ° Grand Terrace '�, • i' bonddebtservice z,. '0 011BTABS Payment Reserve Reserves, 1/1/2011 9/l/2033° US, Bank Reserve as per H&Sm.34171(d)(1)(A) Grand°Terrace U2 1 1bond debt service i ] 091, 0101 M)uoNj x-$ urwpy uiwpy uoN spund je dlldH pund )E aoanog 6u d 0 N W UAttachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognize i 13 2011A 1 ABS Debt Service Keserve lKeserves 14 2011 B TABS Debt Service Reserve lReserves 15 Professional Services RDA wind Dissolution P down )9 0009 l ]E 000E 1 9/1/2033 US Bank DSR Bond Covenant Requirement Grand Terrace 1 1 9/1/2026 US Bank DSR Bond Covenant Requirement Grand Terrace � 6 00EL 0096 El 2 1/31/2013 Rogers Anderson Malody Due Diligence Reporting/Review H&S Grand Terrace 34179 5 ] OS 000 09 11 6/30/2034 Jones & Mayer Legal Counsel under H&S 34177 3 b Grand Terrace 17 2011A TABS Bond Projects Professional 3/13/2012 3/13/2016 Webb &Assoc Michigan Street improvements design Grand Terrace Services I and ROW ac 18 2011A :TABS Bond Projects Professional 1/1/2011 9/1/2033 Contractors/Staff Southwest project area Infrastructure Grand Terrace Services stpoy and design 19 2011A TABS Bo6d•Pf6jects , improvementlinfrastr 1/1/2011 9/1/2033° y Contractors/Staff Southwest project area infrastructure Grand Terrace;.. <„ ' v ucture I n> construction 20 2011A TASS,Bond Projects Improvemc nt/Infrastr 1/1/2011 9/1/2033 Contractors/Staff Barton Road infrastructure Grand Terrace ucture improvements 21 2011A TABS Bond Projects Improvement/Infrastr 1/1/2011 9/112033 Contractors/Staff Michigan,Stree't improvements Grand Terrace ' ucture construction 22 2011A TABS Bond Projects improvementlinfrastr 1/1/2011 9/1/2033 Contractors/Staff Union Pacific/Barton'Road bridge > GrandrTerrace ucture' construction 23 2011A TABS Bond,Projects improvementlinfrastr'' 1/1/2011" 911/2033 Contraotors/Staff Storm dram &:street rehab Van Buren Grand Terrace, " ucture Pico, and Man St 011A TABS Bond Projects improvementlinfrastr 1/1/2014 9/112033^ Contractors/Staff Mt Vernon slope stabilization Grand Terrace ucture 011A TABS Bond Projects improvementlinfrastr 1/112011 _ 9/1/203� Contractors/Staff Vista Grande Park construction, Grand Terrace C�9 ucture 011ATABS°Payment Reserve Reserves ,= 1/1/2011 9t1/2033 US Bank., Reserve as.pee'H&S 34171(d)(1)(A) ° Grand Terrace '�, • i' bonddebtservice z,. '0 011BTABS Payment Reserve Reserves, 1/1/2011 9/l/2033° US, Bank Reserve as per H&Sm.34171(d)(1)(A) Grand°Terrace U2 1 1bond debt service i ] 091, 0101 M)uoNj x-$ urwpy uiwpy uoN spund je dlldH pund )E aoanog 6u d 0 N W UAttachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognize 17 2011A TABS Bond Projects Professional 3/13/2012 3/13/2016 Webb &Assoc Michigan Street improvements design Grand Terrace Services I and ROW ac 18 2011A :TABS Bond Projects Professional 1/1/2011 9/1/2033 Contractors/Staff Southwest project area Infrastructure Grand Terrace Services stpoy and design 19 2011A TABS Bo6d•Pf6jects , improvementlinfrastr 1/1/2011 9/1/2033° y Contractors/Staff Southwest project area infrastructure Grand Terrace;.. <„ ' v ucture I n> construction 20 2011A TASS,Bond Projects Improvemc nt/Infrastr 1/1/2011 9/1/2033 Contractors/Staff Barton Road infrastructure Grand Terrace ucture improvements 21 2011A TABS Bond Projects Improvement/Infrastr 1/1/2011 9/112033 Contractors/Staff Michigan,Stree't improvements Grand Terrace ' ucture construction 22 2011A TABS Bond Projects improvementlinfrastr 1/1/2011 9/1/2033 Contractors/Staff Union Pacific/Barton'Road bridge > GrandrTerrace ucture' construction 23 2011A TABS Bond,Projects improvementlinfrastr'' 1/1/2011" 911/2033 Contraotors/Staff Storm dram &:street rehab Van Buren Grand Terrace, " ucture Pico, and Man St 011A TABS Bond Projects improvementlinfrastr 1/1/2014 9/112033^ Contractors/Staff Mt Vernon slope stabilization Grand Terrace ucture 011A TABS Bond Projects improvementlinfrastr 1/112011 _ 9/1/203� Contractors/Staff Vista Grande Park construction, Grand Terrace C�9 ucture 011ATABS°Payment Reserve Reserves ,= 1/1/2011 9t1/2033 US Bank., Reserve as.pee'H&S 34171(d)(1)(A) ° Grand Terrace '�, • i' bonddebtservice z,. '0 011BTABS Payment Reserve Reserves, 1/1/2011 9/l/2033° US, Bank Reserve as per H&Sm.34171(d)(1)(A) Grand°Terrace U2 1 1bond debt service i ] 091, 0101 M)uoNj x-$ urwpy uiwpy uoN spund je dlldH pund )E aoanog 6u d 0 N W UAttachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognize i ] 091, 0101 M)uoNj x-$ urwpy uiwpy uoN spund je dlldH pund )E aoanog 6u d 0 N W UAttachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognize f�1 Recognized Obligation Payment Schedule (ROPS 14-15B) - Report of Cash Balances (Report Amounts in Whole Dollars) irsuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available when payment from property tax revenues is required by an enforceable obligation For tips on how to complete the Report of Cash Balances Form, seehttos //rad dof ca aov/rad- /ndf/Cash Balance Agency Tips Sheet pdf B C D E F G H I Fund Sources Bond Proceeds, Reserve Balance Other RPTTF Prior ROPS Prior ROPS — — period balances RPTTF Bonds Issued Bonds Issued and DDR RPTTF distributed as Rent, Non-Admm on or before on or after balances reserve for Grants, and Cash Balance Information by ROPS Period 1 12/31/10 01/01/11 1 retained future period(s) 1 Interest, Etc 1 Admm I Comments Beginning Available Cash Balance (Actual 01101/14) 16 746 824 1 048 078 Revenue/income (Actual 06/30/14) $152 431 is ROPS III carry over for ROPS 13- RPTTF amounts should tie to the ROPS 13-14B distribution from the 14B total approved for ROPS 13-14B is County Auditor -Controller during January 2014 152 431 302 342 $454 773 Expenditures for ROPS 13-14B Enforceable Obligations (Actual -- MUM) RPTTF amounts H3 plus H4 should equal total reported actual expenditures in the Report of PPA Columns L and Q 376 503 Retention of Available Cash Balance (Actual 06/30/14) RPTTF amount retained should only include the amounts distributed for debt service reserve(s) approved in ROPS 13-14B ROPS 13-14B RPTTF Prior Period Adjustment RPTTF amount should tie to the self -reported ROPS 13-14B PPA in the No entry required Report of PPA Column S 78,820 'EndingyActual,Avallable Cash Balance r '',- i r Crto G =�(1 +,2 = 3,- 4),N = (1 + 2 -`3,- 4 -"5)t _ =D 16,746;824 : 1;048;07_8 , Y 1_52;437 s Fc F .b(I SZ981) )PS 14-15A Estimate 07/01/14-12131/14 BegrnningJAvalla'ble CasKBalance,(Actual07/01/14) (C; DI)E, G'= 4 +16, F=�H4 + F4 + F6,,and H = 5416) Revenue/Income (Estimate 12/31/14) RPTTF amounts should tie to the ROPS 14-15A distribution from the County Auditor -Controller during June 2014 Expenditures for ROPS 14 15A Enforceable Obligations (Estimate 1/14) -p ntion of Available Cash Balance (Estimate 12131/14) n F amount retained should only include the amount distributed for service reserve(s) approved in ROPS 14-15A I T , urgyEstimatedsrAvadable Cash,Balance (7 + 8r- 9 -10) .A6',746,824, F 11�048,0781' 161,4313 -0 74;1611 $200 557 is ROPS 13-14A carry over for RCP' 14-15A total approved for ROPS 14-15A is 200 557 1 104 433 $1 304 990 1 304 990 16,7A46,824` ", I-``1',048';078,, ,x - `352198`8" _" " } 1 , 1 ~ I Attachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognized Obligation Payment Schedule (ROPS)14-156) a Recognized Obligation Payment Schedule (ROPS 14-15B) F Reported for the ROPS 13 14B (January 1 2014 through June 30 2014) Period L (Report Amounts in Whol IS 13 14B Successor Agency (SA) Self reported Prior Period Adjustments (PPA) Pursuant to HSC Section 34186 (a) SAs are required to repbrt the differences between their actual available funding and their actual expenditures for the ROPS 13 14B (Janu ry through June 2014) p (January through June 2015) Oenod will be offset by the SA s self reported ROPS 13-14B prior period adjustment HSC Section 34186 (a) also spLifies that the prior period adjustments self reported by SAs are subject to audit by the county auditor controller (CAC) and the State Cont A B C D E I F G H I J K L M N Non RPTTF Expenditures RPTTF Expendity Bond Proceeds Reserve Balance Other Funds Non Admin Available RPTTF (ROPS 13-14B Difference distributed + all other Net Lesser of (If K Is less fry Project Name I Debt available as of Authorized / the differ, am# Obligation Authorized Actual Authorized Actual Authorized Actual Authorized 01/1/14) Available Actual r i i $ $ $ 751 991 $ 607 491 $ $ $ 335 023 $ 335 023 $ 335 023 $ 256 753 $ ' 131 2011A Resery 14 20118 18 21 2011A TABS Bond 1 Y Pro acts j i 22 2011A TABS Bond j Projects 23 2011A TABS Bond ; 26 2011A TABS Payment i Reserve 1 27 210 TABS Payment eserve �w ERAF Loan LMIHF ESERVE ! i later Brothers OPA 144 500 I r *A esidualReceipts d i m to ee Costs I Mm to ee Casts PERS I i mployee Costs -other enefits 1 ME OZ88L $ $1 sluawwo0 VS (N+W) (oaaz eouaiama 119N sl aoueaagrP lelol 04; Pazp041ne lelol spaaoxa lemoe lelol il) aouawagla Uildtl palsenbaa US Sd02! 1asMO of pearl lunowv) vdd ulwpv pue utwpv uoN VS ;ON 1 S 21 L SdOU still col panadde (JJA M) Punk 1sruJ (e) 991iVE u0408S (OSH) at S)ueu Attachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognlzel t Recognized Obligation Payment Schedule 13-14B - Notes January 1, 2014 through June 30, 2014 Item # I Notes/Comments 40 ROPS DETAIL FORM #40 Request funding for the Michigan Street Improvements -Phase 2, The Agency is resubmitting this item as this phase of the project was established under ABx1 26 redevelopment dissolution law, not AB1484 44 ROPS DETAIL FORM #44 Request funding for the implementation of the Property Disposition Plan after approval by the DOF 45 ROPS DETAIL FORM #45 Request funding for the demolition of a single-family dwelling on 21992 DeBerry Street, the agency owned property contains a single-family home that is old, dilapidated and uninhabitable Demolition will prepare the property for sale after approval of the Property Disposition Plan by the DOF 46 ROPS DETAIL FORM #46 Request funding for the removal of a concrete slab and contaminated soil pile at APN 0275-242-10 Removal will prepare the property for sale after approval of the Property Disposition Plan by the DOF 47 ROPS DETAIL FORM #47 Request funding for the property taxes due on the following properties 22720 Vista Grande Way and 22747 Barton Road in Grand Terrace v ,m A r Attachment Grand Terrace ROPS14-15B (1527 Successor Agency's Recognized Obligation Payment Schedule (ROPS) 14-1513) u 0 AGENDA REPORT MEETING DATE September 9, 2014 Successor Agency Item J TITLE Professional Services Agreement with Kosmont Companies for Long Range Property Management Plan Services PRESENTED BY Sandra Molina, Cori munity Development Director RECOMMENDATION Approve Professional Services Agreement with Kosmont Companies for a one year term and authorize the Executive Director to administratively renew this agreement for up to two renewal term periods of one year each, provided the annual compensation shall not exceed $25,000 2030 VISION STATEMENT This staff report supports Goal #1 "Ensure Fiscal Viability" and Goal #3 "Promote Economic Development" by providing professional consulting services to assist the Agency in obtaining state Department of Finance approval of the Long Range Property Management Plan which, in turn, allows the City to promote the development of the Mixed Use specific plan project along the 1-215 Freeway r f BACKGROUND Health and Safety Code Section 34191 5 requires each Successor Agency to prepare and approve a Long -Range Property Management Plan ("LRPMP") that addresses the disposition and use of the real properties of the former redevelopment agency Properties held by a Successor Agency cannot be disposed of until the state Department of Finance ("DOF") has approved the LRPMP DISCUSSION The Successor Agency to the Grand Terrace Community Redevelopment Agency ("Agency"), with assistance from Kosmont Companies ("Kosmont"), prepared a LRPMP and obtained Oversight Board approval of the LRPMP in November 2013 The Agency subsequently submitted the LRPMP to DOF for approval The Agency received feedback on the LRPMP in May 2014 The Agency contracted with Kosmont Companies to assist Staff with responding to the DOF's review of the LRPMP, which ended at the end of last fiscal year Work and analysis is, however, still needed to respond to the DOF Ultimately, in response to DOF review, Agency will be required to either revise the LRPMP or adopt a resolution with supplemental changes to LRPMP Some of the Packet Pg 81 AGREEMENT FOR, CONSULTANT SERVICES 1 ' THIS AGREEMENT ("Agreement") is made as of this day of September, -2014 by and between the SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ("Successor, Agency") and Kosmont & Associates, Inc , dba "Kosmont Companies" ("Consultant"),This Agreement is subject to the approval of the Department off finance (see Section 4 Herein)) 1 CONSULTANT'S SERVICES Consultant agrees to pe6rn during the term off this Agreement, the tasks, obligations, ,and services set forth ira the "Scope of Services" attached to and incorporated into this Agreement as Exhibit A (the "Services") 2 TERM OF AGREEMENT The initial terra of this Agreement shall be for one year starting on January 1; 2015 ("Effective Date") and'terminating on December 31, 2015 or op the date that the Services contemplated by this Agreement are satisfactorily completed, whichever occurs first ("Termination Date"), At the end Of the term poriod, the Executive Director may, `In writing, renew this Agreement for up to two term periods of one year each, provided that the annual compensation amount shall not exceed $25,000 O0 3 FAMILIARITY WITH WORK By execution of this Agreement" Consultant warrants that ` (1) It has thoroughly investigated and considered the Work to be performed, #used on all available ir<formatfon = _(2) It carefully considered how the work should be performed,, and (3) It fully understands the difficulties and restrictions attending the performance of the work under this Agreement (4) It has the professional and technical competency to perform the work and the production capacity to .complete the work in a timely manner with respect to the schedule included ain the scope of services Page 1 of 13 1 _ Packet Pg 83 Consultant's liability but is intended solely to provide for indemnification of the City and Successor Agency for,liability for damages of injuries to third persons or property arising from Consultant's negligent performance hereunder Notwithstanding the above, Successor Agency will release, indemnify and hold harmless Consultant from any and all losses, claims; liens, demands and causes ,of action of every kind and character including but not limited to the amounts of judgment, interests, court costs, legal fees and other expenses incurred by Consultant concerning claims, demands or causes of action related to alleged or actual environmental contamination, environmental liability and corresponding obligations Successor Agency acknowledges that Consultant is reliant upon Successor Agency for information related to the environmental condition of the subject properties, to the extent known by Successor Agency. If .environmental analysis is necessary related to the completion of the Services and/or to the ultimate disposition of the subject prropertibb, Successor -Agency understands that such environmental analysis Will riot be prepared by Consu-ltant, as Consultant is not licensed in this professional discipline It is acknowledged by Successor Agency that any such environmental analysis would be contracted separately by Successor Agency with an outside firm 8 INSURANCE Consultant shall procure and maintain at all times during the term s of this Agreement insurance as set forth in E)hibit PG" attached hereto Proof of insurance shalluc6nsist of a Certificate of Insurance tp�rovided on iOS-CGL form o No CG 000111 85 or 88 executed by Consulfant's-insurer and in a form approved °- by, the Successor Agency's Successor Agency Attorney and Successor Agency's Legal Counsel v 9 LICENSES, PERMITS, AND FEES, Consultant shall obtain a Su,uccessor Agency of Grand Terrace Business License and, any and all other permits and licenses required for the services to ,be performed under this Agreement 10 INDEPENDENT CONTRACTOR STATUS Successor Agency and Consultant agree that Consultant, in performing the Services herein specified, shall act as an c independent Contractor and shall have control of all work and the manner in Y which it is rperformed Consultant shall be free to contract for similar- services to be performed for other entities while under contract with Successor Agency, Consultant is not an agent or` employee,of Successor Agency or Successor Agency, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits Successor Agency or Successor Agency provides forits employees Consultant shall be responsible to pay and hold Successor Agency or Successor Agency harmless from any and all payroll and other taxes a'nd interest thereon and penalties, therefore, which may become due as a result of services performed hereunder a 11 ASSIGNMENT This Agreement is for the specific services with Consultant as set forth herein Any attempt by Consultant to assign the benefits or burdens of this Page 3 of 13 _ Packefi Psi 85 Successor Agency to the CRA of the City of Grand Terrace 22795 Barton Road Grand Terrapel Ca 92313 Consultant Larry J Kosmont, President & CEO .Kosmont & Associates, Inc. 865 So Figueroa, Suite 3500 LOT Angeles, CA 90017 1 If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be .given W thin five (5) working days of said changes 17, TAX -PAYER IDENTIFICATION NUMBER Consultant shall provide Successor Agency with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service 18 APPL(CABLE LAWS, COQES AND REGULATIONS -Consultant shall perform all services described in accordance with all applicable laws, 'codes and ri gulatfons required Foy all authorities having jurisdiction over the Services Consultant agrees to comply,, with prevailing wage requirements,as specified irilthe California Labor Corte, Sections 1770, et seq o t _ L 19 RIGHT TO UTILIZE OTHERS, `successor Agency reserues the right to utilize a others to perform work similar to the Services provided hereunder, 20, BENEFITS Consultant will not be eligible for any paid benefits for federal, spacial = security,,state workers' cornpen§ation, unemployment insurance, professional E insurance, medical/dental, retirement PERS or fringe benefits offered by the - Successor Agency of Grand Terrace Q 21 PERS ELIGIBILITY INDEMNITY In the event that Consultant or any employee, 0 agent, or subcontractor of Consultant providing services under this Agreement c claims or is determined by a court of competent jurisdiction or the,California Y Public Employees Retiremeht System ("PERS") to be' eligible for enrollment in � PERS as an employee of the City of Grand Terrace ("City") or Successor Agency, Consultant shall indemnify, defend, and hold harmless City and Successor Agency for the payment of any empioyee'and/or employer - contributions for-PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City or Successor Agency Notwithstanding any other agency, state- or federal policy, rule; regulation, law or a ordinance to the contrary, Consultant and any of its employees, agents, and _ .subcontractors providing service under thisAgreement shall not qualify for or Page,5 of 13 -- -- Packet Pg 87 8_a 28 MODIFICATION OF AGREEMENT This Agreement may not,be modified, nor may any of the terms, provisions or concitiorf$ ,be modified or waived or otherwise affected, except by a written amendment signed by all parties 29 WAIVER If at any time one party shall waive any term; ;provision ,or condition of this Agreement, either before or after any breach thereof, no party shall thereafter• be: deemed to have consented to any future failure of ffull performance hereunder v 30 COVENANTS AND CONDITIONS Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition 31 RIGHT TO-TERMiNATE. Successor Agency may terminate this Agreement at 0 anytime, with or without cause, in its sale discrettoi), with thirty (30) days written notice N d 32 EFFECT OF TERMINATION Upon termination as stated in Paragraph "31°" of this Agreement, Successor Agency shall be liable to Consultant onlytor wort( � performed by Consultant up to and including the date of termination of fhis Agreement, unless the termination is, or cause, in which event Consultant'need or - be comperlsated only to the extent required by law 106nsultont shall be entitled H to payment for work, satisfactorily completed to' elate, based on proration of{the c monthly�fees set forth in Exhibit,'B" attached `hereto,, Such payment will be a subjedto-Successor Agency's receipt of a close -,-out billing Ln 33 POVERNING LAVV This Agreement shall be governed by and construed in accordance with laws of the State of California In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San d Bernardino In the event'of litigation in Al U S District Court, exclusive venue shall a lie in the Central .District�of California 34 LITIGATION FEES Should litigation arise out of this Agreement for the c performance thereof, the court shall award costs and expenses, including Y attorney"s-fees, to the prevailing party In awarding attorrfay`s fees, the court shall not be bound by any court fee schedule but `shall award the fully amount of costs, expenses and attorney's fees paid and/or incurred in good faith "Prevailing Party" shall mean the party that obtains a favorable and final judgment or order from a court of lave described in paragraph "33 " This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties" mutual settlement, arbitration, or mediation of the dispute 35 SEVERABILITY If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining Page 7 of 13 Packet Pg 89 Dated "SUCCESSOR AGENCY" By Kenneth Henderson �� II Interim Executive Director Dated "CONSULTANT" Kosmont & Associates, Inc APPROVED AS TO FORM Richa'rd L Adams 11 Successor Agency Attorney ATTEST Deborah A Harrington Interim City Clerk By arty J s nt Its Presk & CEO Page 9 of 13 Packet Pg 91 EXHIBIT "IB" SCHEDULE OF COMPENSATION 1 AMOUNT OF COMPENSATION For performing and dompletEng all services pursuant to Exhibit "A" Scope of Services, is a total amount not to exceed $25,000 (Twenty-five thousand dollars) per year plus reimbursable expenses which will be charged at colst Il, BILLING At the end of each calendar month in which services are performed or expenses are incurred under this Agreement, Consultant shall submit an invoice to the Successor Agency at the following address Successor Agency W CRA of the City of Grand Terrace 22795 Barton road Grand Terrace, Ca 92313 The invoice submitted pursuant to this paragraph shall show the, '[} Purchase order number, s 2) Project name/description, f 3) Name and hours worked by each person who,performed services during o ' the b►llingpenod, a 4) The title/classification under which they were billed; 5) The hourly rate of pay; v 6) Actual out�-of-pocket expenses incurred in `the perfoftiariop of service's, _ arid, 7) Other such information as the Successor Agency may reasonably requite d Ili, METHOD OF PAYMENT, Payment to Consultant fo`r the c©mpensat16n specified in Section I, above, shall be made after the Executive Director or designee determines that the billing submitted pursuant to Section 11, above, accurately reflects work satisfactorily performed. Successor Agency shall pay Consultant within thirty (30) days there from w d E aoo Page 11 of 13 Packet Pg 93 insurance is canceled and not adequately replaced, Successor Agency shall have the right but not the duty to obtain replacement insurance and to charge'the Consultant far any premium due for such coverage Successor Agency has the option to deduct any sudh premium from the sutras due to the Consultant Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A M, Best`s rating of A- VII or better Acceptance of insurance from a carrier with a rating lower than AWI Hs. subject to approval by City zs Risk Manager Consdlt�nt shall immediately advise Successor Agency of any` litigation that may affect these in trance policies :DO Page 13 of 13 Packet Pg. 95 City of Grand Terrace / Successor Agency Proposal for Services August 29, 2014 Page 2 of 3 IV COMPENSATION The compensation for Task 1 is estimated at $25,000 to be billed on a time and materials basis Future Increases lin budget will require approval by Client in advance Budget may be increased by Client; request at any time Compensation for services outlined above will be invoiced monthly at Consultant's standard billing rates, as shown on Attachment A In addition, invoices will include reimbursement for out-of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at Kosmont's normal mileage reimbursement rate of 56 5 cents per mile), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost Out-of-state travel requires advance funding of flights and hotel accommodations Disclosure Kosmont Realty Corporation ("KRC") Compensation for possible future transaction -based services The following is being provided solely as an advance disclosure of possible real estate a brokerage and finance services and potential compensation formats for such services This disclosure is not intended to commit the Client v When public agency assignments involve real estate/property brokerage or public financing transactions on behalf of the public agency, such transaction based services are typically provided by Kosmont Realty Corporation ("KRC") which is a licensed California brokerage firm (#01770428) and a registered municipal advisor with the Securities Exchange Commission (SEC) Compensation for KRC's transactional services are typically brokerage commissions for property and lease transactions, and/or success/broker fees for financial advisory ("FA')/loan broker services KRC also provides Broker Opinions of Value (BOV) services on a fixed fee basis Li KOSMONT COMPANIES 865 South Figueroa Street 35'" Floor Los Angeles CA 90017 ph 213 417 3300 fx 213 417 3311 www kosmont co packet Pg 97 9/9/2oi4 City of Grand Terrace Monthly Financial r r Rep�rt Rqn RR to n%6,- '%ZCMXP� the Period Ending July 31, 2014 September q, 2014 Purpose of the Monthly Financial Report • To provide City Council with an overview of the City's financial results each month • To identify actual revenues received, expenditures incurred, and to compare them to the Adopted Budget and Year-to-date (YTD) expected amounts. 800 000 700 000 600 000 500 000 400 000 300 000 200 000 100 000 JUL SEP NOV JAN MAR MAY -e-FY2014-15 -FFY2013-14-rFY2012 13 tFY2011 12 1 9/9/2oi4 General Fund - July 2014 Revenues Positive i�, (Negative) sj r! JuIVYTD t July YTD +' II { ' I Variance JuIv YTD , , rr ! Adopted t Expected s / JuIvYTD � / w I from x, R venue _ _ Budget__ _Receipts _ (L t3aacted '-p Acluals Actuals �IYTD x ectedxj Property Tax 1 414000, 40 000 ' za/+ _a 44 836 32%' _ 4 8_36� _ Residual Receip s RPTTF _ _ 306 370 _ _ 137 867i r4 ~ 45 o/f _ _ 164 847 53 a/ 26 980 Property Tax (20% Loan Alloc)_ _ _ Os Y 0 _ M _0 Franchise Fees 480000 - _01 1, o o/' Y4 0 0 0/L _ _ Lice_ns_es Fees & Prmi ets _ ~ 276 200 _ nl--- 11 916,, _ 43/ _ ~15 097,, _ - 55/�`__3 181' ) ,_ Sales Tax _ _ - 1 047 000 _ 1 0 c o o/°I, 01 _ o o/,_ _r _ _ 0� i ales_ f! IntergovernmentalRevenue/Grants O� oo/f_,_, 0 00/- 0-){ Charges for Services_ _ - _ = _35000 -_-81 200 _ _ �5 244 _ 0 5%)- _ v. 5 219 _ __r _ __ 041' _— = _(25)d _., _ _ _ _ _ Fines & Forf_e_itures _._ _ G _ 25 000 — __ _ 1 449 _ _ 5 a/:._ f 26t - 01/, 0 423) S _ Miscellaneous_, _ _ ! _ __5000j 1471 I_ 29/i _ 0' �oo/E Use of Money & Property _ _ 25 000 2 050t_I'_- __e 2/_ leas 1 610 04/ _ (440) s Transfers In _ 0 _ _ - 0 —_ 0 V i _ 00 Residual Receipts Sr Housing _ e_ F _ y _ Oi t `--as.,µ _ _ t _ 0 - 0'; Waste Water Receipts_ 700,000 o o/ �_ _ 0 0 0/ _ 0 _._ _ _4 .f�leas_ _ _0 _ - { `) _ = _ _ 19$.SiZ3.{'—_4.�G'._� 'Res,du'alre`ce�ptspigectronwasconservatwobasedonrecommendaho`nshomfhe Count Auditor Controller- Acf6@Tecerp1s arehrgher- -Z Considerations of "'expected" expenditures • Expenditures are more evenly distributed during the fiscal year (e.g. payroll costs are incurred every x weeks). • However, it is not consistent every month (e.g. some months have 3 payroll periods instead of 2). • Certain expenditure postings are made quarterly: transfers and overhead cost allocation plan. • Debt service payments are made twice a year: September & March. 9/9/2014 July 2014 Revenue & Expense Ne abve � i JulVYTD July YTD ' July YTD �t Vanance II `f Expected / i July YTD L t from 7 ,,� Lt,_ _ __ _Revenue -v�_ T Adopted Budaetl Receipts expected _ __Actuals_ _ Actuals f YTD Expected Tiny Tot Program_ r _ _88 200 _;I _ 4 000; _ 4 5/ 2_43 i _ u _. _z s%, _ _ _ (1 570),.? LAfter School Program _ 358 900 = 12000, 3 3/rv, JII 5 195 1411 —(6 805),_ Pre School Program 752,650r 282i00 _ , 25,274 1 (2 726) wA _ I - 2 7/l _ -... _' —Positive I - t ) , j I f(Negative)) l� f JuIvYTD JulvYTD ' JuIvYTD Variance JulvYTD ) from / et L t Expenditure _ Adopted Budoetl Expenditures Expected , Actuals Aomats YTD Expected , Salaries u _ 575 460 33 200' 5 s/?_ Y _29 9134 5 2A, 3 287, C 'Benefits 4 _ _ _ _ 263 250 _ W 15 188 _ 5 e/ 12 414 _ 4 7/, 2 773t I ;Professional/Contractual Services' 23900_ 1992;_ _a3/{ __545�__- 2311_. 1447,Y,) c_Matenals8_Supphesr _ ,__. _s _ _6_1100 5092_ a3_el_ _3424� 5s% _ _ 1668 ' ,Lease_ ofFac_ddyfEgwpment f 8000 _ _ 4000' _ 5oo/ __4000 5oo/____ __ iEgwpment _ _ _ _y400 _ _ 33,831, _ 0� o o/ u — Y_ 33,_{ ~1175r L ,CapitalProjects _ l_ 114_0_0_ _ 950 e3/' m 103/ W ,Uhhties _ 17100 Y 1425'' �53/! r(225)r '0 00/< 1425 _ 1—Over�he_ 198,8001 = o_p/d_C.o_caion_OL _ „ {Several receipts from tBe Child Care Resowce Center (subsdrzed child care) weie7eeceried hi August Future Monthly Financial Reports • Will be on Consent Calendar. • Will be for Information Only (Receive & File). I�� l vie, /V /J ORDINANCE NO 2014- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8104 OF TITLE 8 AND AMENDING CHAPTER 12 32 OF TITLE 12 OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO SMOKING PROHIBITIONS WHEREAS, smoking and secondhand smoke is responsible for the prematillre deaths of hundreds of thousands of Americans each year from lung cancer, heart disease, respiratory illness, and other diseases, and WHEREAS, the U S Surgeon General has declared that nicotine is addictive as cocaine and heroin, and WHEREAS, nicotine is a highly addictive neurotoxin and is included in the Prop 65 list of Chemicals Known To The State To Cause Cancer Or Reproductive Toxicity Nicotine is known to cause birth defects and is particularly dangerous for vulnerable populations including children, pregnant women and people with cardiovascular conditions, and WHEREAS, the U S Food and Drug Administration announced that a laboratory analysis of electronic cigarette samples has found that they contain carcinogens and toxic chemicals such as diethylene glycol, an ingredient used in antifreeze, and WHEREAS, these products are marketed and sold to young people and are readily available online and in shopping malls These products are available in different flavors, such as chocolate and mint, which may appeal to young people In addition, these products do not contain any health warnings comparable to FDA -approved nicotine replacement products or conventional cigarettes, and WHEREAS, the Los Angeles County Department of Public Health supports amending local smoke -free policies to include e-cigarettes because "studies indicate that e-cigarettes pose potential dangers for users, as well as for non -users who passively inhale these chemical vapors" and WHEREAS, the City Council of the City of Grand Terrace supports policies that focus on and improve the health and wellness and healthier lifestyles in all communities, and WHEREAS, the City of Grand Terrace has received the "Healthy Cities" designation from the County of San Bernardino Department of Public Health on April 14, 2014, and WHEREAS, smoking and secondhand smoke is detrimental to the health and Ordinance No 2014- Page 3 of 9 8 104 010 Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them A "Bar" means an area which is devoted to serving of alcoholic beverages and in which the serving of food is only incidental to the consumption of such beverages III B "Eating establishment" means every publicly or privately ov ned eating place, including coffee shops, cafeterias, short-order cafes, luncheonettes, sandwich shops, soda fountains and restaurants C "Electronic smokina device" means anv device that delivers vapors for inhalation of tobacco products This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor G-D "Employee" means any person who is employed by an employer for direct or indirect monetary wages or profit Q-E "Employer" means any person who employs the services of an individual person or employee F "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies -G "Motion picture theater" means any theater engaged in the business of exhibiting motion pictures G-H "Smoking" means the use of any cigar, cigarette, pipe, electronic smoking device, or any other similar article, using any form of tobacco, tobacco product, or other combustible substance in any form #-I "Workplace" means any enclosed area of a structure or portion thereof intended for occupancy by business entities which will provide primarily clerical, professional or business services of the business entity, or which will provide primarily clerical, professional or business services to other business entities or to the public at that location Workplace includes, but is not limited to, office spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and nursing homes J-,J "Park" means any community park, neighborhood park, special use or other park, and any open space area maintained by the City Page 3of9 Ordinance No 2014- Page 5 of 9 auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds before showing feature motion pictures 8 104 060 Smoking prohibited —Eating establishments Smoking is prohibited and is unlawful in all indoor eating establishments serving food, wh ch have an occupancy capacity of fifty or more �ersons This prohibition shall not ap ly to any establishment maintaining a contiguous nonsmoking area of at least one- qu rter of the seating capacity This prohibition shall not apply to any rooms which are being used for eating establishment purposes for private functions If a smoking area is maintained, the preference for the patron is to be determined by the management and the patron shall be seated according to the preference if possible Any portion of an indoor eating establishment used for bar purposes is excluded from the restrictions of this section 8 104 070 Smoking prohibited —Department stores Smoking is prohibited and is unlawful in public areas of every department store which sells dry goods, clothing or utensils, excluding areas outdoors 8 104 080 Smoking prohibited —City buildings and facilities 1 In any City building or facility; 2 Within 20 feet of any entrance, exit, operable windows, or ventilation ducts of any City building or facility 8104 090 Smoking prohibited — City parks and other recreation areas Smoking shall be prohibited in any outdoor area that has been improved or developed by or on behalf of the City, and open to the general public for park or open space use, including, but not limited to public parks, picnic areas, playgrounds, sports or playing fields, walking paths, gardens, hiking trails, bike paths, and any other areas designated a park by the Director of Community Development 8 104100 Smoking Waste It is unlawful to dispose of lighted or unlighted cigars, cigar butts, cigarettes, cigarette butts, pipes, electronic smoking devices, or any other similar article used for smoking in the boundaries of an area where smoking is prohibited, afeFemeRtlened areas other than in designated waste receptacles Page 5of9 Ordinance No 2014- Page 7 of 9 policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance provided that a policy which designates an entire workplace as a smoking area shall not be deemed a reasonable policy 8 104 12018104-090-Posting and signs required A Except where other signs are required, whenever smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height land/or the international no smoking logo, on a contrasting background It is tfie duty of the owner, operator, manager or other persons having control of such room, building or other place where smoking is prohibited, to post such signs or to cause such signs to be posted B It is unlawful to willfully mutilate or destroy any signs required by this section 8 104 130 Prohibition of electronic smoking device use in smoke -free places and other regulations A It shall be a violation of this chapter to use an electronic smoking device in any place within the city where smoking is prohibited by law B No person or entity shall knowingly permit the use of electronic smoking device in an area under the legal or de facto control of that person or entity and in which smoking is prohibited by law C All other regulations and prohibitions contained in this chapter relating to tobacco products shall apply the same to electronic smoking devices 8 1041408 104100 Other agency cooperation Federal, state, county, school and special district officials are urged to enact and enforce provisions similar to the provisions of this chapter 8 104 1508 104110 Structural modifications not required A It shall be the responsibility of employers to provide smoke -free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas B Nothing in this chapter shall require the owner, operator or manager of any theater, auditorium, health care facility or any building, facility, structure or business to incur any expense to make structural or other physical modifications to any area or workplace C Nothing in this section shall relieve any person from the duty to post signs or Page 7 of 9 Ordinance No 2014- Page 9 of 9 SECTION 7 PUBLICATION The City Clerk shall post this Ordinance in three (3) public places within fifteen (15) days of its adoption, as designated for such purposes by the City Council ATTEST Deborah A Harrington Walt Stanckiewitz Interim City Clerk Mayor I, Deborah A Harrington, Interim City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the day of 2014, by the following vote AYES NOES ABSENT ABSTAIN Deborah A Harrington Interim City Clerk Approved as to form Richard L Adams City Attorney Page 9of9