03/13/2012AGENDA
CITY OF GRAND TERRACE
CITY COUNCIL & CITY COUNCIL AS SUCCESSOR AGENCY
TO THE COMMUNITY REDEVELOPMENT AGENCY
CITY COUNCIL CHAMBERS March 13, 2012
GRAND TERRACE CIVIC CENTER 6:00 p.m.
22795 Barton Road
THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU
REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK=S OFFICE AT
(909) 824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.
IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING, PLEASE COMPLETE A REQUEST TO SPEAK
FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON
BY THE MAYOR AT THE APPROPRIATE TIME.
ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL
BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK=S OFFICE AT CITY HALL LOCATED AT 22795
BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION, SUCH DOCUMENTS WILL BE POSTED ON THE
CITY=S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG
* Call to Order –
* Invocation –
* Pledge of Allegiance –
* Roll Call –
AGENDA ITEMS
STAFF
RECOMMENDATION
COUNCIL
ACTION
Convene City Council & City Council as Successor Agency to the
Community Redevelopment Agency
1. Items to Delete
2. SPECIAL PRESENTATIONS
A. Presentation - Foundation of Grand Terrace –
Ryan Stephens
B. Proclamation – Child Abuse Prevention Month –
April 2012
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
noncontroversial. They will be acted upon by the Council at one time
without discussion. Any Council Member, Staff Member, or Citizen may
request removal of an item from the Consent Calendar for discussion.
A. Approve Check Register No. 03-13-2012
B. Waive Full Reading of Ordinances on Agenda
C. Approval of 02-28-2012 Minutes
D. Resolution Authorizing Publication of Ordinance
Summaries Instead of Full Ordinances When Deemed
Cost Effective and Designate Officials to Prepare and
Approve Summaries for Publication
Approve
Approve
Approve/Adopt
AGENDA
03-13-2012 PAGE 2 OF 2
AGENDA ITEMS
STAFF
RECOMMENDATIONS
COUNCIL
ACTION
E. Award Contractor Agreement to USA Shade & Fabric
Structures, Inc. DBA Shade Structures, Inc.
F. Historical & Cultural Activities Committee Meeting
Minutes of 12-2011 and 02-2012
G. Community Emergency Response Team (C.E.R.T.)
Minutes of 10-04-2011, 11-01-2011 and 01-03-2012
H. Emergency Operations Committee Minutes of 2-07-
2012
4. PUBLIC COMMENT
5. COUNCIL REPORTS
6. PUBLIC HEARINGS - None
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
A. Professional Service Agreement with Albert A. Webb
Associates, Inc. to Design a City Wide Stormwater Master
Plan and also Design Michigan Street Roadway
Improvements (City Council as Successor Agency)
B. Eighteenth Amendment to Law Enforcement Services
Contract No. 94-797 with the County of San Bernardino
C. Oversight Board Appointments
D. Fiscal Year End Financial Results FY 2010-11
E. Mid-Year Budget Adjustments FY 2011-12 (City Council &
City Council as Successor Agency)
CLOSED SESSION - None
ADJOURN
The City Council and City Council as the Successor Agency
to the Community Redevelopment Agency Meeting will be
adjourned in memory of long time resident and very active
volunteer of the City of Grand Terrace, Philomene Spisak
THE NEXT REGULAR CITY COUNCIL MEETING WILL BE
HELD ON TUESDAY, MARCH 27, 2012 AT 6:00 P.M.
AGENDA ITEM REQUESTS MUST BE SUBMITTED IN
WRITING TO THE CITY CLERK=S OFFICE NO LATER THAN 14
CALENDAR DAYS PRECEDING THE MEETING.
Award
Accept
Accept
Accept
Approve/Appropriate/
Adopt/Authorize
Approve
Ratify/Approve
Receive/File
Approve
This is the opportunity for members of the public to comment on
any items not appearing on the regular agenda. Because of
restrictions contained in California Law, the City Council may not
discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The
Mayor may also request a brief response from staff to questions
raised during public comment or may request a matter be
agendized for a future meeting.
CV of 6ratei Our=
Proclamation
Child Abuse Prevention Month
April 2012
WHEREAS, April 2012 has been designated as Child Abuse Prevention Month by the state and
federal government for the purpose of promoting community involvement in preventing child abuse; and
WHEREAS, the State of California has proclaimed the first week of April as Safe Surrender
awareness week declaring that all children have the right to receive the care, protection and guidance a
family provides; children have a right to be free from harm, exist within a nurturing environment, and
to have their physical, emotional, and educational needs met; and
WHEREAS, over 36,000 children in the County of San Bernardino were referred to Children and
Family Services in 2011 for suspected child abuse and neglect; and
WHEREAS, the County of San Bernardino provides services and professionals in the filed of
child abuse that are dedicated, compassionate, and skilled in the prevention of child abuse, as well as
solutions, energy, strength, determination, and commitment on the part of concerned citizens and the
community; and
WHEREAS, the Blue Ribbon is the international symbol for child abuse prevention and that the
Children's Network and Children's Fudn in partnership with Children and Family Services, Department
of Public Health, First 5 of San Bernardino, Community Action Partnership, County of Superintendent
of Schools, Sheriffs Department, Child Care Planning Council, Department of Behavioral Health,
Preschool Services Department, County Library, Arrowhead Regional Medical Center, Children's Fund
Assessment Center, Loma Linda University Children's Hospital, and County Fire Department, have
planned a Blue Ribbon Media Campaign, Educational Materials Distribution, and the 14" Annual
("Shine A Light on Child Abuse") Awards Breakfast to increase awareness of child abuse during the
month of April.
NOW, THEREFORE, the City Council of the City of Grand Terrace, does hereby proclaim the
month of April 2012 as Child Abuse Prevention Month and encourages organizations, schools, non-profit
organizations, businesses, other entities, and the citizens of Grand Terrace to engage in activities and
partnerships that strengthen families with programs and activities that help prevent child abuse and
provide for children's physical, emotional, and developmental needs.
This 13th day of March 2012.
Walt Stanckiewitz, Mayor Lee Ant Garcia, Mayor Pro Tern
Darcy McNaboe, Councilwoman Gene Hays, Councilman Bernardo Sandoval, Councilman
DD
COUNCIL AGENDA ITEM NO. 3A
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item ( X ) Successor Agency ( )
TITLE: Check Register No. 03-13-2012
PRESENTED BY: Bernie Simon, Finance Director
RECOMMENDATION: Approve
BACKGROUND:
The Check Register for March 13, 2012 is presented in accordance with Government Code §37202.
The attached index to the warrant register is a guideline acco unt list only and is not
intended to replac e the vo luminous list of account s used by the City and CRA.
Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account]. Expenditures may be made from trust/agen cy accounts (fund 23-xxx-) or temporary
clearing accounts which do not have budgetary considerations.
DISCUSSION:
A total of $188,427.49 in accounts payable checks was issued during the period for
services, reimbursements, supplies and c ontracts and are detailed in the attached Check Register sections. Payroll costs for the period amounted to $69,638. 10 and are
summarized below.
Some of the non-routine items include:
67812 League of
California Cities
Inland Empire Division Dinner-Mayor
Stanckiewitz
$40.00
67819 CALBO Annual CALBO Membership-R. Shields $215.00
67827 Fire Master Senior Center Kitchen Hood Inspection $275.00
Approvals
Finance Director (if applicable) b.s.
City Attorney
City Manager
67831 HdL Coren &
Cone
January-March 2012 Property Tax Contract $625.00
67833 Loma Linda
Animal Hospital
Annual Animal Clinic Vaccines and Microchips $652.00
67837 Public Emp.
Retirement
Annual Employer Contribution 1959 Survivor
Benefit
$1,918.80
67840 S.B. Co. Sheriff Live Scan for New Employee $91.00
67843 Taso Tech Replacement UPS Battery for Servers $165.15
Some the larger items include:
67815 Albert A. Webb
Associates
January Services-West Side Park Project $18,578.10
67821 City of Colton February Wastewater Treatment Advance $98,500.00
Payroll costs processed for period ending February 17, 2012:
Date Period Payroll and payroll costs
02/17/12 Biweekly $69,638.10
FISCAL IMPACT:
All disbursements are made in accordance with the adopted budget for FY 2011-12.
Respectfully submitted:
Bernie Simon, Finance Director
ATTACHMENTS: Check Register – March 13, 2012
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
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MINUTES
CITY OF GRAND TERRACE
CITY COUNCIL & CITY COUNCIL AS SUCCESSOR AGENCY
REGULAR MEETING – FEBRUARY 28, 2012
A regular meeting of the City Council of the City of Grand Terrace was called to order in the
Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace,
California, on February 28, 2012 at 6:00 p.m. The regular meeting was preceded by a
Workshop at 5:00 p.m.
PRESENT: Walt Stanckiewitz, Mayor
Lee Ann Garcia, Mayor Pro Tem
Darcy McNaboe, Councilmember
Bernardo Sandoval, Councilmember
Gene Hays, Councilmember
Betsy M. Adams, City Manager
Tracey Martinez, City Clerk
Bernard Simon, Finance Director
Richard Shields, Building & Safety Director
Joyce Powers, Community & Economic Development Director
Richard L. Adams II, City Attorney
Sgt. Ed Finneran, San Bernardino County Sheriff=s Department
Lt. Steve Dorsey, San Bernardino County Sheriff’s Department
Rick McClintock, San Bernardino County Fire Department
ABSENT: None
Mayor Stanckiewitz convened a Workshop of the City Council at 5:00 p.m. The purpose of
the workshop was to give an overview of the requirements of NPDES (National Pollution
Discharge Elimination System) and how it relates to Grand Terrace.
Mayor Stanckiewitz adjourned the workshop at 5:53 p.m.
The City Council meeting was opened at 6:00 p.m. with an Invocation by Councilmember
Gene Hays, followed by the Pledge of Allegiance led by Mayor Pro Tem Lee Ann Garcia.
ITEMS TO DELETE
City Manager Betsy Adams indicated that the Professional Service Agreement with Albert
A. Webb Associates, Inc. to Design a City Wide Stormwater Master Plan and also Design
Michigan Street Roadway Improvements that is on the Agenda as Item 8A and Item 2
Under City Council as the Successor Agency to the Community Redevelopment Agency
will need to be removed from the Agenda. This item will be on the March 13, 2012 Agenda
for Council Action.
COUNCIL AGENDA ITEM NO. 3C
Council Minutes
02/28/2012
Page 2
SPECIAL PRESENTATIONS
Lt. Steve Dorsey from the San Bernardino County Sheriff’s Department introduced
Lt. Manny Mendoza who will be the new Lieutenant assigned to Grand Terrace.
A. Recognize Outgoing Assistant to the City Manager – Jo Verhelle
Mayor Stanckiewitz announced that Jo Verhelle is leaving the City of Grand Terrace
to pursue a professional opportunity with the University of Loma Linda. She began
working for the City on September 1, 2000 as the Assistant to the City Manager.
Over the years she has shown great dedication and commitment to the City as she
worked with the Mayor, City Council, City Staff, and residents to meet the needs
and goals of the community. She worked tirelessly to ensure that all the needs of
the Council and Staff were addressed and met. Jo always went above and beyond
what was expected of her professionally and personally. I want to thank Jo for her
exemplary professional performance she has provided to the City of Grand Terrace
and extend our warmest wishes and sincere thanks for a job well done. She will be
truly missed by all. Unfortunately Jo is unable to attend the meeting tonight she is
home sick. She sends her sincere apologies for not being able to make it to the
meeting and thanks the Council for their recognition.
Councilmember Gene Hays, indicated that it has been a pleasure working with Jo.
She is a very pleasant person and very professional. She will be greatly missed.
Councilmember Darcy McNaboe, stated that Jo represented Grand Terrace well
and worked well with everyone that she came in contact with. She was very
valuable to the City and has been for a number of years. She feels that it is clearly
a gain for the University of Loma Linda. She wished her all the best.
Mayor Pro Tem Lee Ann Garcia, stated that Jo was always warm and
compassionate and feels that she was the glue of the staff. She had a good
relationship with everyone whether it was a resident, council member or
representative from other city or organization. She is going to be greatly missed.
Mayor Walt Stanckiewitz, stated that Jo always went above and beyond
professionally and personally. She was dedicated to the City, Staff and Council. He
wished her his most sincere good luck in the future.
B. Grand Terrace High School Update – Angela Dishinger
Angela Dishinger, Principal Grand Terrace High School, introduced her team and
gave an overview of the school and the programs that will be offered in the
upcoming school year. Each Director gave a brief overview of their programs.
C. Grand Terrace Area Chamber of Commerce Business of the Month–
Council Minutes
02/28/2012
Page 3
Sally McGuire, President, Grand Terrace Area Chamber of Commerce, announced
that Bella Tresse Salon is the business of the month for February and Village
Enterprises is the business of the month for March.
CONSENT CALENDAR
CC-2012-13 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
MCNABOE, CARRIED 5-0, to approve the following Consent Calendar
Items:
3A. Approve Check Register No. 02-28-2012
3B. Waive Full Reading of Ordinances on Agenda
3C. Approval of 02-11-2012 and 02-14-2012 Minutes
3E. Crime Prevention Committee Minutes of 01-09-2012
3F. Resolution in Support of the Transfer of Ontario International Airport (ONT)
to Local Control
ITEM REMOVED FROM THE CONSENT CALENDAR
3D. Extension of Existing Professional Service Agreement with Black & Veatch to
Study the City’s Sewer User Billing System and Ordinance Revision
CC-2012-14 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO
TEM GARCIA, CARRIED 5-0 to extend the existing Professional Service
Agreement with Black & Veatch to continue the review of the City’s Sewer
Billing System and Ordinance Revisions and Approve additional services
with Black & Veatch to review the Sewer Billing System and Ordinance
Review in the amount of $3,000, and grant the City Manager authorization to
sign the addendum, to be prepared and/or approved by the City Attorney.
PUBLIC COMMENT
Bill Darwin, expressed his concern with the proposed bridge on Barton Road over
the 215 freeway. The plan provides no left turn onto La Crosse Avenue when
traveling west on Barton Road. Successful businesses must have visibility and
accessibility. He urged the Council to reject any plan that does not allow a left turn
lane on La Crosse or La Crosse Avenue and a free flow of traffic in all places.
Robert Kaplanek, expressed his concern with the cross walks at Terrace View
Elementary. He is concerned that someone is going to get hurt. He suggested that
the Council consider something to improve the situation.
COUNCIL REPORTS
Council Minutes
02/28/2012
Page 4
Councilmember Bernardo Sandoval, indicated that it is important to note that the
only reason Grand Terrace High School is getting all of the amenities it is, is
because Grand Terrace made a difference in the school board election. They got
the right people on the board that cares about doing what is right. It is important as
a community to maintain the momentum that has been building between Grand
Terrace and the Colton School District. He stated that staff spent quite a bit of time
on the crossing guard situation. Council understands the challenges that are faced.
He suggested that Mr. Kaplanek talk to Sally McGuire to get an overview of what
was done.
Councilmember Gene Hays, thanked the Grand Terrace Seniors for publishing the
crime report in their newsletter. The City of Grand Terrace has very manageable
crime. He reminded residents to contact dispatch if they witness any suspicious
activity. Residents need to be aware and take action to prevent crimes.
Councilmember Darcy McNaboe, reported that the United States Postal Service has
been studying, for the last year, the closure of the Redlands Postal Sorting Facility.
It was announced last week that they have determined that it would not make
things more efficient if they close that facility so they have decided to keep the
facility open at this time. On Saturday she joined 44 volunteers for a Lion’s Club
tree planting in the City. 40 trees were planted with 20 of them planted at the local
schools and 20 in various locations throughout the City. There was great
representation from the community. She thanked the Lion’s Club and gave a
special thank you to Mike Cruz for all of his efforts. She has been hearing a lot of
discussion about the types of businesses that we have in Grand Terrace. The
comments that she has been hearing are questions about whether we need so
many of the same types of businesses that we have. She stated that the City does
not deem what businesses come into town except through zoning code and land
use. It is private enterprise. She encouraged people to come and choose Grand
Terrace as their home for their business. She looks forward to supporting the
businesses that are currently here and those who may come in the future.
Mayor Pro Tem Lee Ann Garcia, reported that the flag pole is beautiful at the Senior
Center. The Susan Petta Park is a beautiful park and they do a wonderful job
maintaining it. She requested that the Grand Terrace Foundation come and give an
update on the committee structure that they have and some of the activities that
they have going on. She requested an update on the power outages that we have
had.
City Manager Betsy Adams, stated that the recent outage in town involved a facility
located in Loma Linda and San Bernardino. Residents are encouraged to call SCE
when there is a problem.
Mayor Pro Tem Garcia, reported that the Blue Mountain Walk will be held on
Council Minutes
02/28/2012
Page 5
Saturday, March 10, 2012 from 8:00 a.m. to 11:00 a.m. She thanked Mr. Darwin for
expressing his concerns. She requested an update from SANBAG.
City Manager Adams, indicated that Caltrans will need to do a community workshop
in Grand Terrace because the design has changed. Staff is working with SANBAG
and they know that a formal presentation will need to come before the Council.
Mayor Pro Tem Garcia, questioned if the City will have input to the process or is it a
done deal.
Building and Safety/Public Works Director Richard Shields, responded that the next
step in the process is for the locally preferred alternative, which is alternative
number 7, to be presented to the City Council so that they can view it. He attends
monthly meetings at SANBAG along with Joyce Powers. They try to keep the
committees focused on a construction start date and completion date. It has gone
through numerous alternatives and the alternatives are being reviewed through
environmental. Environmental is eliminating alternatives based on certain situations
and they are coming up to their final presentation which will be the preferred
alternative, which is alternative number 7. That is the alternative that Mr. Darwin
mentioned.
Mayor Pro Tem Garcia, questioned if the City has taken a position on the
alternative.
Building and Safety/Public Works Director Shields, responded that it will happen in
a couple of weeks when SANBAG comes and presents Alternative 7 to the Council.
Mayor Pro Tem Garcia, wants to know what level of significance the input of the
Council will be with regards to the project.
City Manager Adams, stated that we are not putting any money into the project and
if we have input that affects costs then we may be asked if we have money to put
towards the project. We will get the latest information to the Council in memo form.
Mayor Pro Tem Garcia, is looking forward to working with the new High School.
She requested that staff keep Council informed when there are future volunteer
projects going on so that the Council can participate if they would like to.
Mayor Walt Stanckiewitz, reported that on February 29, 2012, the City of San
Bernardino Police Chief will be holding a meeting to talk about raves. Community
members affected by the raves that were held at the San Bernardino National
Orange Show are encouraged to attend the meeting and get involved.
PUBLIC HEARINGS
Council Minutes
02/28/2012
Page 6
6A. Prioritization of Community Development Block Grant (CDBG) Funds for Program
Year 2012-13
Community and Economic Development Director Joyce Powers, gave a brief
overview on the applications that were received for funding under the FY 2012-13
Program Year. She requested that the Council to prioritize the funds for FY 2012-
13 Program Year and authorize staff to submit the funding recommendations to the
County of San Bernardino Economic Development Agency.
Mayor Stanckiewitz opened the public hearing for discussion, there being none he returned
discussion to the Council.
Councilmember McNaboe, referred to the Time for Change Foundation and
questioned how a homeless person can access the Shelter when they are located in
San Bernardino.
Community and Economic Development Director Powers, responded that they
provide transportation as part of their program.
Councilmember Sandoval, questioned how many of the participants in the adult
literacy program live in Grand Terrace.
Community and Economic Development Director Powers, responded 8 participants
reside in Grand Terrace.
CC-2012-15 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0, to approve the following funding allocations
under the Community Development Block Grant (CDBG) Program year
2012-13 and authorize Staff to submit the funding recommendations to the
County of San Bernardino Economic Development Department:
City of Grand Terrace Code Enforcement $27,933
Time for Change Foundation (Shelter) $6,000
Grand Terrace Branch Library Literacy Program $10,000
UNFINISHED BUSINESS - None
NEW BUSINESS
8B. Mid-Year Budget Review FY 2011-12
There was no action taken by the City Council, this is a receive and file item only.
CLOSED SESSION – None
Council Minutes
02/28/2012
Page 7
Mayor Stanckiewitz adjourned the City Council Meeting at 7:27 p.m., until the next City
Council Meeting which is scheduled to be held on Tuesday, March 13, 2012 at 6:00 p.m.
CONVENE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE AT 7:27 P.M.
1. Bid Award for Demolition at 21974 De Berry Street and Site Clearing at 21992
De Berry Street
CC-2012-16 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0, to award the Demolition of 21974 De Berry
Street and Site Clearing at 21992 De Berry Street to Dakeno, Inc. and
appropriate $13,331.00 for the demolition costs as listed on the approved
Enforceable Obligations Payment Schedule and adopt a Resolution finding
that Demolition of the property located at 21974 DeBerry and site clearing of
the property located at 21992 DeBerry Street is necessary to preserve and
enhance the value of the property.
3. Successor Agency Adoption of Enforceable Obligation Payment Schedule
(EOPS) and Preliminary Initial Recognized Obligation Payment Schedule
(IROPS)
CC-2012-17 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
SANDOVAL, CARRIED 5-0, to adopt the Resolution adopting the
Enforceable Obligation Payment Schedule and Draft Initial Recognized
Obligation Payment Schedule.
4. Mid-Year Budget Review FY 2011-12
There was no action taken by the City Council as the Successor Agency to the
Community Redevelopment Agency of the City of Grand Terrace, this is a receive
and file item only.
Chairman Stanckiewitz adjourned the City Council as the Successor Agency of the
Community Redevelopment Agency of the City of Grand Terrace meeting at 7:37 p.m.,
until the next City Council as the Successor Agency to the Redevelopment Agency meeting
which is scheduled to be held on Tuesday, March 13, 2012.
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item ( X ) Successor Agency ( )
TITLE: Approve a Resolution to Authorize Publication of Ordinance
Summaries Instead of Full Ordinances When Deemed Cost-
Effective and to Designate Officials to Prepare and Approve
Summaries for Publication
PRESENTED BY: Tracey Martinez, City Clerk
RECOMMENDATION: 1. Approve the practice of publishing a summarized version
of full ordinances when this is deemed cost effective;
and
2. Adopt the proposed Resolution designating Department
Heads as the officials to prepare such summaries and
the City Attorney as the official to approve the
summaries prior to the publication
BACKGROUND:
Government Code Section 36933 (a) requires that ordinances approved by the City
Council be published at least once in a newspaper of general circulation published and
circulated in the City.
Due to the budget constraints that the City continues to face, Staff investigated other
options that may be allowed under the Government Code that would be more cost
effective. The City Attorney indicated that Government Code Section 36933 (c) (1)
allows for summaries to be published as long as certain procedures are followed and
that summaries are commonly published as a substitute for the full ordinance.
DISCUSSION:
In order for the City to publish summaries instead of the full ordinance, the City Council
must designate an official to prepare the summaries. In addition, a specific procedure
must be followed, which includes publishing a summary following the introduction and
first reading of the ordinance and once more after the ordinance is adopted.
COUNCIL AGENDA ITEM NO. 3D
Approvals
Finance Director (if applicable)
City Attorney RLA
City Manager bma
Government Code Section 36933 (c) (1) allows a summary of a proposed ordinance to
be published instead of the full ordinance. The Code states that the summary shall be
prepared by an official designated by the City Council. A summary shall be published
and a certified copy of the full text of the proposed ordinance shall be posted in the
office of the City Clerk at least five days prior to the City Council meeting in which the
proposed ordinance is to be adopted. Within 15 days following the adoption, a
summary shall be published along with the names of the City Councilmembers voting
for or against the ordinance, and a certified copy of the full text of the ordinance shall be
posted in the City Clerk’s Office.
When ordinances are lengthy, it may prove more cost-effective to publish summaries
instead of publishing the full ordinance on adoption. In this circumstance, the cost of
publication must be weighed against the cost of staff time and the time of legal counsel.
When ordinances are prepared, staff and the City Attorney can decide whether it will be
more cost-effective to prepare a summary and publish it twice rather than publish the
entire ordinance once. Significant savings can be achieved by selecting the most cost-
effective alternative.
RECOMMENDATION:
Staff recommends that the City Council Approve the practice of publishing a
summarized version of full ordinances when this is deemed cost effective and adopt the
proposed Resolution designating Department Heads as the officials to prepare such
summaries and the City Attorney as the official to approve the summaries prior to the
publication
FISCAL IMPACT:
Approving the practice of publishing summaries of ordinances will have a cost savings
in legal publishing while still fulfilling the requirement of Government Code Section
36933 (a).
Respectfully submitted:
/s/ Tracey R. Martinez
Tracey R. Martinez, city Clerk
Attachments:
A. Resolution Designating City Department Heads as the Official to Prepare
Summaries of Ordinances When Indicated, and the City Attorney as the Official
to Approve Such Summaries, for Publication in a Newspaper of General
Circulation.
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DESIGNATING CITY DEPARTMENT
HEADS AS THE OFFICIALS TO PREPARE SUMMARIES OF
ORDINANCES WHEN INDICATED, AND THE CITY ATTORNEY AS
THE OFFICIAL TO APPROVE SUCH SUMMARIES, FOR
PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION
WHEREAS, Government Code Section 36933 (a) required that ordinances approved by
the City Council be published at least one in a newspaper of general circulation published and
circulated in the City; and
WHEREAS, Government Code Section 36933 (c) (1) permits the City Council to
publish a summary of proposed ordinances or proposed amendments to existing ordinances; and
WHEREAS, Government Code Section 36933 (c) (1) required that the summary shall be
prepared by an official designated by the City Council; and
WHEREAS, when summaries are published instead of the full ordinance, Government
Code Section 36933 (c) (1) requires that specific procedures must be followed; and
WHEREAS, the alternative of publishing a summary instead of the full ordinance can
result in significant cost savings when an ordinance is lengthy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. When it is determined to be cost effective to publish summaries of
ordinances instead of the full ordinance, City Department Heads will prepare ordinance
summaries and the City Attorney will provide final approval of prepared summaries, in accord
with Government Code Section 36933.
SECTION 2. In accord with Government Code Section 36933 (c) (1), a summary shall
be published in a newspaper of general circulation and a certified copy of the full text of the
proposed ordinance or proposed amendment shall be posted in the office of the City Clerk at
least five days prior to the City Council Meeting at which the proposed ordinance or amendment
is to be adopted. Within 15 days after the adoption of the ordinance or amendment, a summary
of the ordinance shall be published with the names of those Councilmembers voting for or
against the Ordinance, and the City Clerk shall post a certified copy of the full text of the
adopted Ordinance in the posting locations that have been designated by the City Council.
SECTION 3. When the ordinance summary is published, the City Clerk shall include a
link to the full ordinance on the City Website and shall indicate same in published summary.
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SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of resolutions.
PASSED, APPROVED AND ADOPTED this 13th day of March, 2012.
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City of Grand Terrace
I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby
certify that the foregoing Resolution was introduced and adopted at a regular meeting of
the City Council of the City of Grand Terrace held on the 13th day of March, 2012 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
City Attorney
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item (X) Successor Agency ( )
TITLE: Award Contractor Agreement to USA Shade & Fabric
Structures, Inc., DBA Shade Structures Inc.
PRESENTED BY: Richard Shields, Director of Building & Safety/Public Works
RECOMMENDATION: Award Contractor Agreement to USA Shade & Fabric
Structures, Inc., DBA Shade Structures Inc, in the amount of
$11,476.14, to construct a 19’ x 28’ Shade Structure at the
Grand Terrace Child Care Facility, 22400 Barton Road, Suite
200, Grand Terrace.
BACKGROUND:
In August of 2011, San Bernardino Supervisor Neil Derry’s office contacted the City in
search of a facility to provide discretionary funding. Each Supervisor has his or her
discretionary funding to use throughout their districts as they see fit. Discretionary funds
can be used for a variety of purposes to better the community and further the County’s
mission. Supervisor Derry and his Staff visited the Grand Terrace Child Care Facility
after Child Care Staff prepared a list of items that the facility wished to upgrade. The
Child Care Facility was chosen by Supervisor Derry to receive $35,000 in funding to be
used toward the following:
● Air Conditioning Repairs
● Replacement of Playground Fencing
● Refurbish Soft Turf on Playground
● Install new Shade Structure
● Petting Zoo Visit
● Train Ride at the Facility
● Replacement of Commercial Refrigerator and Freezer
COUNCIL AGENDA ITEM NO. 3E
Approvals
Finance Director (if applicable) b.s.
City Attorney rla
City Manager bma
DISCUSSION:
On January 25, 2012 a Request for Quotation was advertise on the City website and
also with the Dodge Room requesting quotes for a shade structure to be constructed at
the Child Care Facility. The proposed shade structure will be approximately 19’ X 28’
with a fabric roof covering to match the existing shade covers behind the Child Care
Facility.
Four companies provided quotes for the project that were opened on February 29,
2012. The four quotes were received by the following companies.
Hendee Enterprises, $22,090.00
Dale Rauch Construction $12,040.00
DJD Group, $11,997.00
Shade Structures, Inc. $11,476.14
Shade Structures, Inc. was the lowest bidding contractor. The City has contracted with
Shade Structures, Inc. in the past to construct the shade structures that currently exists
at the rear of the Child Care facility. Shade Structures, Inc. has performed service calls
on the existing structures over the years and has been responsive to the requests of the
Child Care Staff.
A ten (10) percent contingency fund has been added to the low bid amount of
$11,476.14 that increases the amount Child Care will need to $12,623.75.
Staff recommends that the City Council award a Contractor Agreement to Shade
Structures, Inc. to construct a 19’ x 28’ Shade Structure at the Child Care facility and
appropriate an additional ten (10) percent or $1,147.14 for contingency funds.
FISCAL IMPACT:
There is no budgetary impact. Grant funds have been received from Supervisor Derry’s
office and posted to account number 10-300-22 and funds have been appropriated to
budgetary expenditure accounts 10-950-310-000 for improvements of $34,200 and 10-
440-708-000 for programs of $800.To date there remains $29,080 funds to complete
the listed projects. Awarding of contract will reduce available remaining grant funds.
Respectfully submitted:
/s/ Richard Shields
Richard Shields, Director of Building& Safety/Public Works
ATTACHMENTS: Contractors Agreement
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
CONTRACTOR AGREEMENT
USA Shade & Fabric Structures, Inc., DBA Shade Structures, Inc.
THIS CONTRACTORS AGREEMENT (“Agreement”) is made and entered into this 13th day of
March 2012, (“Effective Date”) by and between the CITY OF GRAND TERRACE (“City”), a public
entity, and USA Shade & Fabric Structures, Inc. DBA Shade Structures, Inc., ("Contractor"), a California
Corporation.
1. Scope of Services. City agrees to retain Contractor and Contractor does hereby retain and
agree to provide the services more particularly described in Exhibit “A”, “Scope of Services”
(“Services”), attached hereto and incorporated herein by reference, in conjunction with Construction of a
19X28 Shade Structure located at the City of Grand Terrace Child Care Facility. (“Services”).
2. Term. This Agreement shall be effective on the date first written above unless otherwise
provided in Exhibit “A” Scope of Services and the Agreement shall remain in effect until December 31,
2012, unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Contractor shall perform the Services under this Agreement for
the total sum not to exceed ELEVEN THOUSAND FOUR HUNDRED SEVENTY SIX DOLLARS
FOURTEEN CENTS ($11,476.14) Payment shall be made in accordance with City's usual accounting
procedures upon receipt and approval of an itemized invoice setting forth the services performed. The
invoices shall be delivered to City at the address set forth in Section 4, hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally
served or given by mail. Any notice given by mail shall be deemed given when deposited in the United
States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City To
City of Grand Terrace Shade Structures, Inc
22795 Barton Rd. Bldg. B 350 Kalmus Dr.
Grand Terrace, CA 92313 Costa Mesa, CA 92626
5. Prevailing Wage. If applicable, and all subcontractors are required to pay the general
prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of
the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and
implemented the City Council of the City of Grand Terrace. The Director’s determination is on file and
open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates
therein ascertained, determined, and specified are referred to and made a part hereof as though fully set
forth herein.
6. Contract Administration. A designee of the City will be appointed to administer this
Agreement on behalf of City and shall be referred to herein as Contract Administrator.
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7. Standard of Performance. While performing the Services, Contractor shall exercise the
reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan
Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill
and expertise.
8. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall
be responsible for their performance and compensation. Contractor recognizes that the qualifications and
experience of the personnel to be used are vital to Contractor and timely completion of the Services. The
key personnel listed in Exhibit “B” attached hereto and incorporated herein by this reference and assigned
to perform portions of the Services shall remain assigned through completion of the Services, unless
otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case
substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation
in or under this Agreement to any other entity without prior written consent of the other party. In any
event, no assignment shall be made unless 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 Agreement without prior written approval by the responsible City’s Contract
Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section
13. Contractor acknowledges that any transfer of rights may require City Manager and/or City Council
approval.
10. Independent Contractor. In the performance of this Agreement, and his employees,
subcontractors and agents, shall act in an independent capacity as independent contractors, and not as
officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that
the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or
unemployment insurance to Contractor to Contractors employees, subcontractors and agents. Contractor
as an independent contractor shall be responsible for any and all taxes that apply to Contractor as an
employer.
11. Pers Eligibility Indemnity. In the event that Contractor or any employee, agent, or
subcontractor of Contractor providing services under this Agreement claims or is determined by a court of
competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for
enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor 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.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary, Contractor and any of its employees, agents, and subcontractors providing service under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any
compensation, benefit, or any incident of employment by City, including but not limited to eligibility to
3
enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for
employer contribution and/or employee contributions for PERS benefits.
12 Indemnifications.
12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor
shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and
all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out
of or is in any way connected with the performance of work under this Agreement by Contractor or any of
the 's employees, agents or subcontractors and from all claims by 's employees, subcontractors and agents
for compensation for services rendered to in the performance of this Agreement, notwithstanding that the
City may have benefitted from their services. This indemnification provision shall apply to any acts or
omissions, willful misconduct or negligent conduct, whether active or passive, on the part of or of
'Professionals employees, subcontractors or agents.
12.2 Attorney’s Fees. The parties expressly agree that any payment, attorneys’ fees, costs or
expense that the City incurs or makes to or on behalf of an injured employee under the City’s self-
administered workers' compensation is included as a loss, expense or cost for the purposes of this Section,
and that this Section shall survive the expiration or early termination of the Agreement.
13. Insurance.
13.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall
provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such
insurance policies and coverage’s in the types, limits, forms and ratings required herein. The rating and
required insurance policies and coverage’s may be modified in writing by the City’s Risk Manager or
City Attorney, or a designee, unless such modification is prohibited by law.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or
cap on Contractor’s indemnification obligations under Section 12 hereof.
13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this
Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or
coverage is issued by insurance companies authorized to transact insurance business in the State of
California with a policy holder’s rating of A- or higher and a Financial Class of VII or higher.
13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written
notification of intended cancellation has been given to City by certified or registered mail, postage
prepaid.
13.1.4 Adequacy. The City, its officers, employees and agents make no representation that the
types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate
to protect. If Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage as deems adequate, at Contractor's sole expense.
4
13.2 Workers’ Compensation Insurance: By executing this Agreement, certifies that
Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California
requiring every employer to be 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 claims under the Workers’
Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a
certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such
coverage, or (2) a certified statement that Contractor has no employees, and acknowledging that if
Contractor does employ any person, the necessary certificate of insurance will immediately be filed with
City. Any certificate filed with City shall provide that City will be given ten (10) days prior written
notice before modification or cancellation thereof.
13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of
this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement,
commercial general liability insurance and automobile liability insurance as required to insure against
damages for personal injury, including accidental death, as well as from claims for property damage,
which may arise from or which may concern operations by anyone directly or indirectly employed by,
connected with, or acting for or on behalf of Contractor. The City and the City, and its officers,
employees and agents, shall be named as additional insured’s under the Contractor’s insurance policies.
13.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury
(including death) and property damage (including, but not limited to, premises operations liability,
products-completed operations liability, independent ’s liability, personal injury liability, and contractual
liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the
amount of not less than $2,000,000.
13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage
in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000.
All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all
vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall
include, but are not limited to, owned vehicles, leased vehicles, Contractor’s employee vehicles, non-
owned vehicles and hired vehicles.
13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original
certificates and additional insured endorsements evidencing the coverage required by this Agreement, for
both commercial general and automobile liability insurance, shall be filed with City and shall include the
City and its officers, employees and agents, as additional insured’s. Said policies shall be in the usual
form of commercial general and automobile liability insurance policies, but shall include the following
provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents, are
added as additional insures under this policy, solely for work done by and on behalf of
the named insured for the City of Grand Terrace.
13.4 Subcontractors’ Insurance. Contractor shall require all of its subcontractors to carry
insurance, in an amount sufficient to cover the risk of 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 coverage’s: 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 coverage’s required by this
section.
14. Business Tax. understands that the Services performed under this Agreement constitutes
doing business in the City of Grand Terrace, and 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.
15. Time of Essence. Time is of the essence for each and every provision of this Agreement.
16. City's Right to Employ Other. City reserves the right to employ other in connection with
the Services.
17. Solicitation. Contractor warrants that they have not employed or retained any
person or City 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, City shall have the right to terminate this Agreement without liability and pay
only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement
price or otherwise recover from the full amount of such commission, percentage, 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 Professional, or
in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall
at all times observe and comply with all such laws, ordinances and regulations, and shall be solely
responsible for any failure to comply with all applicable laws, ordinances and regulations.
19. Amendments. This Agreement may be modified or amended only by a written Agreement
and/or change order executed by the Contractor and the City.
20. Termination. City, by notifying Contractor in writing, shall have the right to terminate any
or all of professional’s services and work covered by this Agreement at any time, with or without cause.
In the event of such termination, Contractor may submit s final written statement of the amount of 's
services as of the date of such termination based upon the ratio that the work completed bears to the total
work required to make the report complete, subject to the City’s rights under Sections 16 and 21 hereof.
In ascertaining the work actually rendered through the termination date, City shall consider completed
work, work in progress and complete and incomplete reports and other documents only after delivered to
City.
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20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written notice
prior to termination.
20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in
the event:
20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or
20.2.2 City decides to abandon or postpone the Services.
21. Offsets. Contractor acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the
City, City reserves the right to withhold and offset said amounts from payments or refunds or
reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be
given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is
owed to the City, City will hold such disputed amount until either the appropriate appeal process has been
completed or until the dispute has been resolved.
22. Successors and Assigns. This Agreement shall be binding upon City and its successors and
assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by,
Contractor either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
23. Governing Law, Venue and Attorneys' Fees. This Agreement shall be governed by and
construed in accordance with laws of the State of California. Any action at law or in equity brought by
either of the parties hereto for the purpose of enforcing a right or rights 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, to be set by the court in such action.
24. 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 restriction, in whole and in
part, of this Agreement shall be considered severable. In the event any provision, term, condition,
covenant and/or restriction, in whole 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
7
Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this
Agreement, and the remainder of the Agreement shall continue in full force and effect.
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.
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, nor is neither party relying on, any representation or
warranty outside those expressly set forth in this Agreement.
28. Interpretation. City and Contractor acknowledge and agree that this Agreement is the
product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that
the ambiguities in a document shall be construed against the drafter of that document, shall have no
application to the interpretation and enforcement of this Agreement.
28.1 Titles and captions are for convenience of reference only and do not define, describe or
limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to
sections in the Agreement unless expressly stated otherwise.
28.2 This Agreement shall be governed by and construed in accordance with the laws of the
State of California in effect at the time of the execution of this Agreement.
28.3 In the event of a conflict between the body of this Agreement and Exhibit “A” (“Scope of
Services”) hereto, the terms contained in Exhibit “A” shall be controlling.
29. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement
by this reference:
Exhibit “A” - Scope of Services and fees
Exhibit “B” - Key Personnel
IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day
and year first above written.
THE CITY OF GRAND TERRACE,
A public body
By: _________________________
Betsy M. Adams
City Manager
Attest: ______________________
Tracey Martinez
City Clerk
APPROVED AS TO FORM:
Shade Structures, Inc.
By: ____________________
______________________
[Printed Name]
_______________________
[Title]
___________________________
Richard L. Adams II
City Attorney
Historical & Cultural Activities Committee
Minutes December 2011
The meeting was called to order at 7:15 p.m. by Chair Pauline Grant. Those present were
Pauline Grant, Ann Petta, Frances Carter, Masako Gifford, Shelly Rosenkild, Peggy Reagan
and City Clerk Tracy Martinez.
Secretary's Report: The minutes of the November 2011 meeting were read. Ann moved the
minutes be approved, seconded by Masako. The minutes were approved with additions.
(Judges for fair: Dennis Kidd, Richard Barnett, Terry Reagan (filling up for David Radke),
Rosalie Orrick and Sally McGuire.)
Treasurer's Report: The budget shows a balance of $1200.00 and petty cash of $303.79
Reimbursements: Shelly Rosenkild: $50.52 for City Birthday decorations. Pauline Grant:
$40.00 for turkey breasts. Ann Petta: $10.00 for bread and butter. Masako Gifford: $32.75 for
supplies for City Birthday.
Old Business: Frances Carter suggested that all nuts be added as a red flag for next year's
(2012-2013) Country Fair. Ann Petta suggested during the January meeting guidelines be
revised to address these concerns.
New Business: City Birthday Party
Dennis Kidd and Friends of Blue Mountain will be the presentation at the birthday party this
year. It was noted the display case had been redone to show case the Friends of Blue
Mountain.
Tracy stated the insurance for the City Birthday Celebration would be cheaper this year.
Decoration would reflect the Blue Mountain theme. Packages of Blue Bell seeds would be on
the tables for people to take home. Ann stated 75 people have committed but felt we should
plan for 100 but final number could be more. The committee discussed various dishes being
bought.. Each committee member stated what they would be bringing.
Frances would purchase supplies for punch and water. City would prepare coffee and set up
microphone.
The room diagram was reviewed. It was noted two additional card tables would be needed.
Pauline and Peggy would bring those tables. Shelly would prepare reserve sign.
The committee would arrive at 9:00 a.m. to set up and return for final set up at 4:00 p.m.
COUNCIL AGENDA ITEM NO. j
Other: A developer for the new park on Grand Terrace Road would like to meet with committee
members to discuss City's history. Tracy will check for availability before January 1 st. Pauline
will then contact committee members with meeting date.
Martha Monateon submitted an application for the vacant position on the committee. Ann
moved to accept Martha's application. Frances seconded. Motion carried, pending city approval.
Peggy will purchase a roll of stamp before increases in January.
Meeting was adjourned at 8:30 by Chair Pauline Grant.
HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE
Minutes for February 6, 2012
The meeting was called to order at 7:09 PM by Chairman Pauline Grant. Those present were
Pauline Grant, Ann Petta, Frances Carter, Shelly Rosenkild, Martha Monteon, and Interim City
Clerk Tracy Martinez.
Secretary 's Report: The minutes for January 2, 2012 were read and approved on a motion by
Frances and seconded by Ann. All in favor. Motion carried.
Treasurer's Report: The budget shows a balance of $883.61. The petty cash balance is
$166.72.
Historical Report: Ann reported that Denis Kidd requested people donate money for the Blue
Mountain Park.
New Business: The 28th annual Art Show, Sunday, May 6, 2012. Shelly will send an
article to the local newspapers, advertising the Show. She will make application and
poster samples ready for the next Committee meeting. A note will be added to the
application, asking the artist to tell something about the artwork or artist.
The meeting was adjourned at 7:40 pm. The next meeting is scheduled for April 2,
2012.
Respectfully submitted,
t2/
Pauline Grant
For the Secretary
COMMUNITY EMERGENCY RESPONSE TEAM
MINUTES
OCTOBER 4, 2011
MEMBERS PRESENT: Doug VonKriegelstein, Sandra Luckman, Peggy Witt, Nick Calero, Matt
Wirz, James Vert, Paul Tickner, Joe Borrielli, Helen Ramos, Joe Ramos, Barbara Smeltzer, Randy
Halseth, Jeff Allen, Vic Pfennighaisen, Debra Hurst.
MEMBERS ABSENT: Sue Taylor, Bernie Urrea, Adele Urrea, Hanni Bennett, Linda Carter, Margie
Miller, Tom Roberts, Walt Stanckiewitz, Andrew Anaya, Dragos Barbu, Shannon Bryant, Ingrid
Clark, Michael Cerda, William Fenn, Lee Ann Garcia, Jolene Gustason, Milford Herman, James
Monroe, Glenn Nichols, Barrie Owens, David Ortiz, Bernard Ojeda, Carolos Ramirez, Terrilee
Robb, Lynnette Sandiford, Thomas Schwab, Ken Smith, Jim Stamm, Monique Stanckiewitz,
Philomene Spisak, Joanne Thoring, Joyce Wildenauer.
Meeting was called to order at 7:05 by Jeff Allen.
Flag salute was given.
Introduction of guests: Robert Kaplanek, Robert Burlseon, and Supervisor Neil Derry.
Minutes of the meeting from September 6, 2011 was approved by the members present.
Supervisor Neil Derry wanted to thank the members of CERT for their community service to the
City of Grand Terrace. He stated that CERT was a vital part of the community in case of an
emergency.
Liaison Report from EOC: There is a new frequency for the ham radio which is 147.850... Grand
Terrace Radio is 1640 am. This station comes in very well, might want to get a portable digital
radio that can be purchased for about $15.00. Need additional voices for the radio broadcasts.
In the event of an emergency, the notice will be broadcast on the radio for all CERT members to
report.
City Report: Matt Wirz reported that the Children's Child Care will be participating in the
California Shakeout on October 20 th. The city has applied for the HSGP Grant which will assist in
the updating of EOC procedures. The county has purchased 35 mass causality trailers which
contain cots, blankets, gloves and other items for shelter. Training for SIMS for EOC and CERT
members is being held in different locations though out the county.
Treasurer Report: Total combined balance as of Sept. 27, 2011 is $6,934.58.
COUNCIL AGENDA ITEM
Training: Peggy Witt gave some training on "How to Mark Buildings" Markings go on the right
hand side of the door with the information: date/time.... CERT Initials.... # of persons rescued....
Type of damage...
OLD BUSINESS:
Reinforce the need for all CERT members to complete the ICS 100 and 700. This will be very
important for reimbursement to the city for state/federal funds. Print out certificate and give a
copy to Joe Ramos and to Matt Wirz.
NEW BUSINESS:
On October 20, 2011— The California Shakeout is scheduled. Grand Terrace CERT will be in the
Stater Bros. parking lot with demonstrations and hand-outs for the general public. We will
bring the trailer down to show the public what we have in regards to equipment. We will also
recruit new members for our group.
MEMBERS REPORT:
Re: Halloween Haunt — CERT will not be participating this year.
Re: Country Fair — Debra Hurst will send email to CERT members for volunteers.
Joe Ramos encouraged members to take a CPR class.. Joe and Helen recently took a CPR class
given by Beaver Medical Clinic and were very impressed with the training. He also needs
additional speakers for the training portions of our meeting s.
Randy Halseth suggested we have another CERT picnic maybe after the first of the year.
There being no further business to discuss meeting was adjourned at 7:55 pm.
Next meeting will be November 1, 2011 at 7:00 pm in the Community Room at City Hall.
Respectively Submitted,
Debra Hurst
CERT Secretary
COMMUNITY EMERGENY RESPONSE TEAM
MINUTES
NOVEMBER 1, 2011
MEMBERS PRESENT: Doug Von Kriegelstein, Peggy Witt, Sandy Luckman, Jolene Gustason,
Paul Tickner, Joe Borrielli, Helen Ramirez, Barbara Smeltzer, Vic Pfennighaisen, Joe Ramos,
Debra Hurst.
MEMBERS ABSENT: Matt Wirz, James Vert, Randy Halseth, Jeff Allen, Sue Taylor, Bernie Urrea,
Adele Urrea, Hanni Bennett, Linda Carter, Margie Miller, Tom Roberts, Walt Stanckiewitz,
Andrew Anaya, Dragos Barbu, Shannon Bryant, Ingrid Clark, Michael Cerda, William Fenn, Lee
Ann Garcia, Milford Herman, James Monroe, Glenn Nichols, Barrie Owens, David Ortiz, Bernard
Ojeda, Carlos Ramirez, Terrilee Robb, Lynnette Sandiford, Thomas Schwab, Ken Smith, Jim
Stamm, Monique Stanckiewitz, Philomene Spisak, Joanne Thoring, Joyce Wildenauer.
Meeting was called to order at 7:05 pm by Joe Ramos.
Flag salute was given.
Introduction of guests: Robert Kaplanek, Robert Burlseon, Jonathan Harman, James Mejia,
Winifred, Horspool, Eileen Young.
Minutes of the meeting from October 4, 2011 was approved by the members present.
Liaison Report from EOC: Training for SIMS for EOC and CERT members is being held in
different locations in the county.
Liaison Report from City: No Report.
Treasurers Report: No activity for the last month. Current balance is $6,934.58.
Training: Peggy Witt continued the training on markings on the structure. Members are
encouraged to review Unit 5 — Conducting Search Operations in CERT manual.
OLD BUSINESS:
Members are encouraged to complete ICS 100 and ICS 700 from the FEMA website. On
October 20, 2011 CERT members were at Stater Bros. to hand out brochures on emergency
preparedness to the public. Good response from the public. ID cards are still in the process of
being investigated.
NEW BUSINESS:
There will be new CERT classes in February 2012 in Loma Linda. Tentative dates are 2-6, 2-7, 2-
11, 2-13, 2-15, 2-21 and 2-22-2012. Sandra Luckman to confirm dates and report back so that it
can be published and new potential members can be notified.
Reminder to members with radios—Check in is Monday at 7:30 pm.
After some discussion it was decided to not have a meeting in December.
There being no further business to discuss meeting was adjourned at 7:50 pm.
Next meeting will be January 3, 2012 at 7:00 pm in the Community Room at City Hall.
Resp ively Submitted
va 'a sj‘
Debra Hurst
CERT Secretary
COMMUNITY EMERGENCY RESPONSE TEAM
MINUTES
JANUARY 3, 2012
MEMBERS PRESENT: Sue Taylor, Bob Burleson, Paul Tickner, James Mejia, Bernie Urrea, Adele
Urrea, Hanni Bennett, Joe Borrielli, James Vert, Helen Ramos, Joe Ramos, Barbara Smeltzer,
Matt Wirz, Randy Halseth, Jeff Allen, Vic Pfennighaisen and Debra Hurst.
MEMBERS ABSENT: Doug Von Kriegelstein, Peggy Witt, Sandy Luckman, Jolene Gustason,
Helen Ramirez, Linda Carter, Margie Miller, Tom Roberts, Walt Stanckiewitz, Andrew Anaya,
Dragos, Barbu, Shannon Bryant, Ingrid Clark, Michael Cerda, William Fenn, Lee Ann Garcia,
Milford Herman, James Monroe, Glenn Nichols, Barrie Owens, David Ortiz, Bernard Ojeda,
Carlos Ramirez, Terrilee Robb, Lynnette Sandiford, Thomas Schwab, Ken Smith, Jim Stamm,
Monique Stanckiewitz, Philomene Spisak, Joanne Thoring, Joyce Wildenauer.
Meeting was called to order at 7:00 pm by Jeff Allen.
Flag salute was given.
Minutes of the meeting for November 1, 2011 were approved by members present.
Liaison Report from the EOC---EOC is requesting a loan from CERT for generator repairs. After
some discussion there was a motion made by Randy Halseth and a second by Joe Ramos... the
motion is to transfer $1,000.00 from the CERT account to EOC for generator repairs and any
portion not used will be returned to CERT by April 1, 2012. Motion passed by members
present.
Liaison Report from the City--- Per Matt Wirz — there is training for CERT Program Manager
Course in March. This course defines the core components of a local CERT program and focuses
on many aspects of the CERT program... including but not limited to Developing local CERT
program goals... promoting local CERT programs recruiting, funding, managing and retaining
CERT trainers This course is ideal for both paid and volunteer staff that coordinates local
CERT programs
Treasurer Report: No activity for the last month. Current combined balance is $6,934.58.
Training: Jeff Allen presented a review of our activities for 2011. CERT participated in the Walk
up Blue Mountain, Grand Terrace Community Days, CVS parking lot handing out brochures and
for the California Shake-out at Stater Bros....
OLD BUSINESS:
Members are encouraged to complete ICS 100 and ICS 700 from the FEMA website. Once you
complete the course, print out the certificate and make a copy for Joe Ramos.
There are new CERT classes to be held in Loma Linda starting in February. There are several
individuals signed up from Grand Terrace.
NEW BUSINESS:
Re: CERT Picnic.... Sue Taylor will head the committee to put together our 2'd annual Picnic.
CERT to participate in the Walk of Blue Mountain on March 10, 2012.
Member Reports:
Jeff Allen wanted to let everyone know that it is time to start thinking about new Board
Members will be elected this year. Are you interested in being on the Board?
Also, we need those with radios to bring them with you at the next meeting...
Tri-City Training is back on... Date to be announced at a later date.
There being no further business to discuss, meeting was adjourned at 7:55 pm.
Next meeting will be February 7, 2012 at 7:00 pm in the Community Room at City Hall.
Respe,6$ively Submitted,
cz
Debra Hurst
CERT Secretary
CITY OF GRAND TERRACE
EMERGENCY OPERATIONS COMMITTEE
Regular Meeting
MINUTES
February 7, 2012
The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency
Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by Matt
Wirz, liaison with City of Grand Terrace at 6:00 p.m. Agendas and minutes were distributed.
MEMBERS PRESENT — Vic Pfennighausen, Sue Taylor, Hanni Bennett, James Mejia, Eileen
Young, and JoAnn Johnson.
MEMBERS ABSENT — Jim Vert, Lew Neeb and Pete Parsons.
CITY STAFF — N/A
GUESTS PRESENT/INTRODUCTIONS — Winifred Horspool was introduced.
CORRESPONDANCE/COMMUNICATIONS — None
APPROVAL OF AGENDA for March 6, 2012 - with a motion by Hanni Bennett and second by,
Vic Pfennighausen, the motion carried.
APPROVAL OF MINUTES for February 7, 2012-with motion by Vic Pfennighausen and second
by Hanni Bennett, the motion carried.
LIAISON REPORT — by Vic Phennighausen
A.City Events- The Blue Mountain Walk is scheduled for March 10 th, 2012. The EOC will
have a table set up and will provide radios.
B.City Budget- Nothing to report.
C.EOC Budget- Vic will be reviewing the EOC budget for future expenditures. He received
the invoice from Tim's Mobile in the amount of $1,600.00 and Matt will transfer the
$1,000 from the CERT budget to help cover the payment.
EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen
A. Radios-
i.AM 1640- The radio is operating well. The new backup transmitter has been in
service for a month. Pete has been working diligently on the messages. Eileen has
been changing the flash drives as backup.
ii.MURS/Ham Radios- Vic received the two batteries for the Ham Radios for $87.85
He also purchased oil and oil filters for the diesel generator. The 10 MURS Radios
are being charged.
B. Working Mondays-Any Monday from 1:00 on for anyone available to work. Eileen has
been working on the EOC scrapbook and got familiar with the office in a box
contents.
C. Items for purchase/Recommendations-
i.Vic reported that we need to purchase diesel fuel to top off the tanks.
ii. Matt is working on a purchase order for oil filters and oil for the diesel generator.
COUNCIL AGENDA ITEM NO.3
UNFINISHED BUSINESS- by Matt Wirz
A.Search for Chairperson continues.
B.Two vacant positions are available. One voting and one alternate.
C.Carolyn has submitted an application for the EOC Committee and will be able to work a
day or two a week with Pete on the radio.
NEW BUSINESS —by JoAnn Johnson
A.JoAnn reported that there will be a flag raising ceremony at the Susan Petta Park at the
Senior Center on February 20 th at 10:00 p.m. The Lions Club will present a check to
purchase the flag pole. Jerry Lewis presented the flag to the Senior Center that had flown
over the Capitol.
B.Eileen requested that Vic prepare a list of the work that needs to be done at the EOC for
those wanting to come in on Mondays. James Mejia offered to come up with a priority
list.
C.James Mejia requested an updated contact list of the EOC members. Sue Taylor offered
to update it for our use only.
TRAINING/SPEAKERS — by JoAnn Johnson
There was discussion about possible Town Hall meetings to get the information out to
residents and articles in the Blue Mountain or City News.
ADJOURNMENT at 6:54 p.m.
Respectfully submitted,
Sue Taylor, Secretary
NEXT MEETING WILL BE TUESDAY, MARCH 6, 2012 AT 6 P.M.
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item ( ) Successor Agency (X)
TITLE: Professional Service Agreement with Albert A. Webb
Associates Inc. to design a City Wide Stormwater Master
Plan and also design Michigan Street roadway
improvements.
PRESENTED BY: Richard Shields, Director of Building and Safety/Public
Works
RECOMMENDATION: 1. Approve the attached Professional Service Consultant
Agreement between the City, in its capacity as the
Successor Agency, and Albert A. Webb Associates Inc. to
design a City Wide Stormwater Master Plan and roadway
improvements to Michigan Street.
2. Appropriate $908,694.60 from unexpended
Redevelopment bond proceeds to be used to fund the City
Wide Stormwater Master Plan and the Michigan Street
roadway improvements.
3. Adopt Resolution No. 2012- __approving the funding
of the design for the Project to be paid using Bond proceeds.
4. Authorize the City Manager to sign the Professional
Services Agreement.
BACKGROUND:
Michigan Street is one of the two north-south through streets that is located east of the
215 freeway. Michigan Street will soon see increased traffic from the opening of the
new Grand Terrace High School located on Main Street.
COUNCIL AGENDA ITEM NO. 8A
Approvals
Finance Director (if applicable) bs
City Attorney khb
City Manager bma
Michigan Street currently has improved and unimproved road sections for its entire
length which is 9/10 of a mile. The traffic circulation on Michigan Street needs to be
studied and improved to carry the future traffic flows. Prior to Michigan Street being
improved, a new storm drain needs to be installed under Michigan Street and the
existing drainage facilities adjacent to and under the existing roadway need to be
upgraded to allow drainage to be carried through the new storm drain.
In the early 1980’s, the City contracted with Joseph Kicak to study hydrology in the City
and provide a preliminary storm drain design. Significant construction on the east side
of Grand Terrace has occurred over the years that changed the existing hydrology study
provided by Kicak. Additional hydrology studies need to be made to determine the new
storm water flows in the City.
DISCUSSION:
On September 28, 2011, a request for proposal (RFP) for professional services to
design a City Wide Stormwater Master Plan and roadway improvements to Michigan
Street was advertised in the newspaper and our City website.
On January 9, 2012 interviews were conducted with four consulting firms that provided
responses to the RFP. The interview panel consisted of three individuals, Craig
Neustaedter from Transportation Engineering and Planning, Reggie Torrez, Civil
Engineer from the City of Colton Public Works Department and Lynn Merrill, Consultant
to Municipal Governments.
The interview panel used a point system to determine the best consulting firm for the
storm drain design and street improvements. The RFP requested the firms submit a
separate sealed envelope with the cost for the design. The reason there were separate
envelopes submitted was because the price for the design work would be negotiated
and would not be the driving force in choosing a design firm. The envelopes were
formally opened after the interview process and after the highest scoring firm was
determine by the interview panel. The City Clerk opened and read out loud the cost
proposed from each of the consulting firms. Listed below are the consulting firms that
were interviewed and the proposed design costs:
Transtech $428,195
Willdan Assocites $533,944
Albert A. Webb Associates $589,565
K&A Engineering $720,957
The interview panel scored Albert A. Webb as the highest scoring firm to provide design
for the project.
On January 19, 2012 Staff meet with representatives from Albert A, Webb to discuss
the costs proposed for the project. Staff negotiated a reduction of the original proposed
cost of $589,565. Albert A. Webb agreed to provide the design service portion of the
project for $484,878, a reduction of $104,687 from the original quote.
In addition to the cost for design there is a cost for “As Needed Services”. This line item
cost is $142,776 which includes acquisition services such as title reports, plats and legal
documents and right of way negotiations. The amount of right of way needed is not
determined until after the design is well underway and therefore it is unknown what the
costs are that will be associated with the right of way. The “As Needed Services” are
additional costs the other three firms proposed beyond the design costs.
While negotiating the final design costs, Staff requested that Albert A. Webb provide an
additional quote to design storm drain facilities north of Michigan Street on Pico Street
and west of Michigan Street off of Van Buren Street. There are two reasons why Staff
requested the additional quote. First, Staff wants to insure there are storm water
collection areas upstream and outlets downstream, creating a complete storm collection
system on the south side of town. Second, The Successor Agency has less than three
years to use the bond funds provided to improve Michigan Street and design an
adequate storm collection system. These improvements are included in the tax
certificate for the 2011 tax-exempt bonds. The quote provided by Albert A. Webb for the
additional storm drain design service is $198,432.
FISCAL IMPACT:
Staff is proposing to use $908,694.60 in unexpended bond proceeds for the Michigan
Street design improvements, Master Stormwater Design, and additional storm drain
design for Pico Street and Van Buren Street that are summarized in the chart below.
In June 2011, the Grand Terrace Community Redevelopment Agency sold 2011 “A”
(tax–exempt) and 2011 “B” (taxable) Tax Allocation Bonds. Currently there is
$13,510,568 of unexpended tax-exempt bond proceeds. The use of $908,694.60 in
bonds funds would leave $12,018,178.80 of unused bond proceeds for remaining
projects.
City Wide Master Stormwater Design $184,725
Michigan Street Improvement Design $300,153
As Needed Acquisition Services $142,776
Quote for Additional Storm Drain Design $198,432
Subtotal $826,086
10 % Contingency $82,608.60
Total Bond Proceed Request $908,694.60
Respectfully submitted:
/s/ Richard Shields
Richard Shields, Director of Building & Safety/Public Works
ATTACHMENTS:
Professional Service Consultant Agreement
Project Budget
Resolution No. 2012-
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
PROFESSIONAL SERVICES AGREEMENT
Albert A. Webb Associates Incorporated
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this
13th day of March 2012, (“Effective Date”) by and between the CITY OF GRAND TERRACE (“City”),
a public entity, and ALBERT A. WEBB ASSOCIATES INCORPORATED, ("Professional"), a
California Corporation.
1. Scope of Services. City agrees to retain Professional and Professional does hereby retain and
agree to provide the services more particularly described in Exhibit “A”, “Scope of Services”
(“Services”), attached hereto and incorporated herein by reference, in conjunction with Design Services
for a City Wide Stromwater Master Plan, Design improvements to Michigan Street and design storm
drains for Pico Street and Van Buren Street. (“Services”).
2. Term. This Agreement shall be effective on the date first written above unless otherwise
provided in Exhibit “A” Scope of Services and the Agreement shall remain in effect until December 31,
2012, unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Professional shall perform the Services under this Agreement for
the total sum not to exceed EIGHT HUNRED TWENTY SIX THOUSAND EIGHTY SIX DOLLARS,
($826,086) Payment shall be made in accordance with City's usual accounting procedures upon receipt
and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered
to City at the address set forth in Section 4, hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally
served or given by mail. Any notice given by mail shall be deemed given when deposited in the United
States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City To
City of Grand Terrace Albert A. Webb Associates, Inc.
22795 Barton Rd. Bldg. B 3788 McCray Street
Grand Terrace, CA 92313 Riverside, Ca 92506
5. Prevailing Wage. If applicable, and all subcontractors are required to pay the general
prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of
the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and
implemented the City Council of the City of Grand Terrace. The Director’s determination is on file and
open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates
therein ascertained, determined, and specified are referred to and made a part hereof as though fully set
forth herein.
2
6. Contract Administration. A designee of the City will be appointed to administer this
Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services, Professional shall exercise the
reasonable care and skill customarily exercised by reputable members of Professionals in the
Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while
exercising its skill and expertise.
8. Personnel. Professional shall furnish all personnel necessary to perform the Services and
shall be responsible for their performance and compensation. Professional recognizes that the
qualifications and experience of the personnel to be used are vital to professional and timely completion
of the Services. The key personnel listed in Exhibit “B” attached hereto and incorporated herein by this
reference and assigned to perform portions of the Services shall remain assigned through completion of
the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or
resignation in which case substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation
in or under this Agreement to any other entity without prior written consent of the other party. In any
event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor
under this Agreement, in writing satisfactory to the parties. Professional shall not subcontract any
portion of the work required by this Agreement without prior written approval by the responsible City’s
Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in
Section 13. Professional acknowledges that any transfer of rights may require City Manager and/or City
Council approval.
10. Independent Contractor. In the performance of this Agreement, and his employees,
subcontractors and agents, shall act in an independent capacity as independent contractors, and not as
officers or employees of the City or the City of Grand Terrace. Professional acknowledges and agrees
that the City has no obligation to pay or withhold state or federal taxes or to provide workers’
compensation or unemployment insurance to Professional or to professional’s employees, subcontractors
and agents. Professional as an independent contractor shall be responsible for any and all taxes that apply
to professional as an employer.
11. Pers Eligibility Indemnity. In the event that Professional or any employee, agent, or
subcontractor of Professional providing services under this Agreement claims or is determined by a court
of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible
for enrollment in PERS as an employee of the City, Professional shall indemnify, defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on
behalf of Professional 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.
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Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary, Professional and any of its employees, agents, and subcontractors providing service under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any
compensation, benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for
employer contribution and/or employee contributions for PERS benefits.
12 Indemnifications.
12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Professional
shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and
all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out
of or is in any way connected with the performance of work under this Agreement by Professional or any
of the 's employees, agents or subcontractors and from all claims by 's employees, subcontractors and
agents for compensation for services rendered to in the performance of this Agreement, notwithstanding
that the City may have benefitted from their services. This indemnification provision shall apply to any
acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of or of
'Professionals employees, subcontractors or agents.
12.2 Attorney’s Fees. The parties expressly agree that any payment, attorneys’ fees, costs or
expense that the City incurs or makes to or on behalf of an injured employee under the City’s self-
administered workers' compensation is included as a loss, expense or cost for the purposes of this Section,
and that this Section shall survive the expiration or early termination of the Agreement.
13. Insurance.
13.1 General Provisions. Prior to the City’s execution of this Agreement, Professional shall
provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such
insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and
required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City
Attorney, or a designee, unless such modification is prohibited by law.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or
cap on Professional’s indemnification obligations under Section 12 hereof.
13.1.2 Ratings. Any insurance policy or coverage provided by Professional as required by this
Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or
coverage is issued by insurance companies authorized to transact insurance business in the State of
California with a policy holder’s rating of A- or higher and a Financial Class of VII or higher.
13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written
notification of intended cancellation has been given to City by certified or registered mail, postage
prepaid.
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13.1.4 Adequacy. The City, its officers, employees and agents make no representation that the
types or limits of insurance specified to be carried by Professional pursuant to this Agreement are
adequate to protect. If Professional believes that any required insurance coverage is inadequate,
Professional will obtain such additional insurance coverage as deems adequate, at Professional's sole
expense.
13.2 Workers’ Compensation Insurance: By executing this Agreement, certifies that
Professional is aware of and will comply with Section 3700 of the Labor Code of the State of California
requiring every employer to be insured against liability for workers’ compensation, or to undertake self-
insurance before commencing any of the work. Professional shall carry the insurance or provide for self-
insurance required by California law to protect said Professional from claims under the Workers’
Compensation Act. Prior to City's execution of this Agreement, Professional shall file with City either (1)
a certificate of insurance showing that such insurance is in effect, or that professional is self-insured for
such coverage, or (2) a certified statement that Professional has no employees, and acknowledging that if
Professional does employ any person, the necessary certificate of insurance will immediately be filed with
City. Any certificate filed with City shall provide that City will be given ten (10) days prior written
notice before modification or cancellation thereof.
13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of
this Agreement, Professional shall obtain, and shall thereafter maintain during the term of this Agreement,
commercial general liability insurance and automobile liability insurance as required to insure against
damages for personal injury, including accidental death, as well as from claims for property damage,
which may arise from or which may concern operations by anyone directly or indirectly employed by,
connected with, or acting for or on behalf of Professional. The City and the City, and its officers,
employees and agents, shall be named as additional insureds under the Professional’s insurance policies.
13.3.1 Professional’s commercial general liability insurance policy shall cover both bodily injury
(including death) and property damage (including, but not limited to, premises operations liability,
products-completed operations liability, independent ’s liability, personal injury liability, and contractual
liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the
amount of not less than $2,000,000.
13.3.2 Professionals automobile liability policy shall cover both bodily injury and property
damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than
$1,000,000. All of Professional’s automobile and/or commercial general liability insurance policies shall
cover all vehicles used in connection with Professional’s performance of this Agreement, which vehicles
shall include, but are not limited to, owned vehicles, leased vehicles, Professional’s employee vehicles,
non-owned vehicles and hired vehicles.
13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original
certificates and additional insured endorsements evidencing the coverage required by this Agreement, for
both commercial general and automobile liability insurance, shall be filed with City and shall include the
City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual
5
form of commercial general and automobile liability insurance policies, but shall include the following
provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents, are
added as additional insures under this policy, solely for work done by and on behalf of
the named insured for the City of Grand Terrace.
13.4 Subcontractors’ Insurance. Professional shall require all of its subcontractors to carry
insurance, in an amount sufficient to cover the risk of 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, Professional shall provide City with
satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this
section.
14. Business Tax. understands that the Services performed under this Agreement constitutes
doing business in the City of Grand Terrace, and agrees that Professional 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.
15. Time of Essence. Time is of the essence for each and every provision of this Agreement.
16. City's Right to Employ Other. City reserves the right to employ other in connection with
the Services.
17. Solicitation. Professional warrants that they have not employed or retained any
person or City 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, City shall have the right to terminate this Agreement without liability and pay
only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement
price or otherwise recover from the full amount of such commission, percentage, 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. Professional shall keep fully informed of federal, state
and local laws and ordinances and regulations which in any manner affect those employed by
Professional, or in any way affect the performance of services by professional pursuant to this
Agreement. Professional shall at all times observe and comply with all such laws, ordinances and
regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances
and regulations.
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19. Amendments. This Agreement may be modified or amended only by a written Agreement
and/or change order executed by the Professional and the City.
20. Termination. City, by notifying professional in writing, shall have the right to terminate any
or all of professional’s services and work covered by this Agreement at any time, with or without cause.
In the event of such termination, professional may submit s final written statement of the amount of 's
services as of the date of such termination based upon the ratio that the work completed bears to the total
work required to make the report complete, subject to the City’s rights under Sections 16 and 21 hereof.
In ascertaining the work actually rendered through the termination date, City shall consider completed
work, work in progress and complete and incomplete reports and other documents only after delivered to
City.
20.1 Other than as stated below, City shall give Professional thirty (30) days prior written notice
prior to termination.
20.2 City may terminate this Agreement upon fifteen (15) days written notice to Professional, in
the event:
20.2.1 Professional substantially fails to perform or materially breaches the Agreement; or
20.2.2 City decides to abandon or postpone the Services.
21. Offsets. Professional acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which professional owes or may owe to the
City, City reserves the right to withhold and offset said amounts from payments or refunds or
reimbursements owed by City to professional . Notice of such withholding and offset shall promptly be
given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is
owed to the City, City will hold such disputed amount until either the appropriate appeal process has been
completed or until the dispute has been resolved.
22. Successors and Assigns. This Agreement shall be binding upon City and its successors and
assigns, and upon Professional and its permitted successors and assigns, and shall not be assigned by,
Professional either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
23. Governing Law, Venue and Attorneys' Fees. This Agreement shall be governed by and
construed in accordance with laws of the State of California. Any action at law or in equity brought by
either of the parties hereto for the purpose of enforcing a right or rights 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, to be set by the court in such action.
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24. Nondiscrimination. During Professional’s performance of this Agreement, Professional
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, Professional 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 restriction, in whole and in
part, of this Agreement shall be considered severable. In the event any provision, term, condition,
covenant and/or restriction, in whole 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 restriction of this
Agreement, and the remainder of the Agreement shall continue in full force and effect.
26. Authority: The individuals executing this Agreement and the instruments referenced herein
on behalf of Professional each represent and warrant that they have the legal power, right and actual
authority to bind professional to the terms and conditions hereof and thereof.
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, nor is neither party relying on, any representation or
warranty outside those expressly set forth in this Agreement.
28. Interpretation. City and Professional acknowledge and agree that this Agreement is the
product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that
the ambiguities in a document shall be construed against the drafter of that document, shall have no
application to the interpretation and enforcement of this Agreement.
28.1 Titles and captions are for convenience of reference only and do not define, describe or
limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to
sections in the Agreement unless expressly stated otherwise.
28.2 This Agreement shall be governed by and construed in accordance with the laws of the
State of California in effect at the time of the execution of this Agreement.
28.3 In the event of a conflict between the body of this Agreement and Exhibit “A” (“Scope of
Services”) hereto, the terms contained in Exhibit “A” shall be controlling.
29. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement
by this reference:
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Exhibit “A” - Scope of Services and fees
Exhibit “B” - Key Personnel
IN WITNESS WHEREOF City and Professional have caused this Agreement to be duly executed the day
and year first above written.
THE CITY OF GRAND TERRACE,
A public body
By: _________________________
Betsy M. Adams
City Manager
Attest: ______________________
Tracey Martinez
City Clerk
APPROVED AS TO FORM:
Albert A. Webb Associates Inc
By: ____________________
______________________
[Printed Name]
_______________________
[Title]
___________________________
Richard L. Adams II
City Attorney
RESOLUTION NO. 2012_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, AS THE SUCCESSOR AGENCY TO THE
GRAND TERRACE REDEVELOPMENT AGENCY, GRAND
TERRACE, CALIFORNIA FINDING THAT BOND PROCEEDS
SHOULD BE USED TO FUND A CONTRACT FOR THE DESIGN
OF MICHIGAN STREET IMPROVEMENTS AND STORM DRAIN
& STREET REHABILITATION PROJECT
WHEREAS, the Grand Terrace Redevelopment Agency (“Agency”) was a
public body, corporate and politic, organized and existing under the California
Community Redevelopment Law (Health & Safety Code § 33000 et seq.)
(“CRL”);
WHEREAS, the City of Grand Terrace is a municipal corporation and a
general law city under the California Government Code (“City”);
WHEREAS, on or about January 9th, 2012, the City opted to serve as
Successor Agency to the Grand Terrace Redevelopment Agency;
WHEREAS, on or about January 9th, 2012, the City adopted a resolution
assuming all rights, powers, assets, liabilities, duties, obligations and functions
associated with the housing activities of the Agency pursuant to Health and
Safety Code Section 34176;
WHEREAS, 2011A Bonds and 2011B Bonds (“Bonds”) were issued by the
Agency prior to the implementation of ABX1 26 partly for the purpose of
designing and constructing street and sewer improvements on Michigan Street.
Van Buren Street and Pico Street;
WHEREAS, pursuant to Health & Safety Code Section 34177(i), City, as
the successor to the Agency, is authorized to use the proceeds received from the
issuance of the Bonds unless the purpose for which the Bonds were issued are
no longer achievable;
WHEREAS, the improvements to be constructed along Michigan Street,
Van Buren Street and Pico Street including storm drain and street rehabilitation,
(“Project”) are a public infrastructure project that is eligible for the tax-exempt
bond financing;
WHEREAS, the purpose for which the Bonds were issued is still
achievable;
WHEREAS, the City, as Successor Agency to the Grand Terrace
Redevelopment Agency, has determined that the Project should proceed to
design to be paid for from Bond proceeds as may be necessary.
WHEREAS, the City Council desires to approve a Professional Service
Agreement to perform the storm drain designs and street improvements.
NOW THEREFORE, THE GRAND TERRACE CITY COUNCIL DOES
RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The City, as Successor Agency to the Grand Terrace
Redevelopment Agency, hereby determines that the Project should be completed
as provided for in AB 1X 26 using Bond proceeds issued for that purpose to the
extent necessary.
SECTION2. The City Council approves the Professional Service
Agreement with Albert A Webb Associates attached hereto to perform the storm
drain design and street improvements, and directs the City Manager to execute
the Agreement.
SECTION3. The City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
ADOPTED, SIGNED AND APPROVED this 13th day of March, 2012.
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City of Grand Terrace
I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do
hereby certify that the foregoing Resolution was introduced and adopted at a
regular meeting of the City Council of the City of Grand Terrace held on the 13th
day of March, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
City Attorney
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item ( X ) Successor Agency ( )
TITLE: Eighteenth Amendment to Law Enforcement Services
Contract No. 94-797 with the County of San Bernardino
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Approve the Eighteenth Amendment to Law Enforcement
Services Contract No. 94-797 with the County of San
Bernardino and authorize the Mayor to execute the
agreement.
BACKGROUND:
The City Council received information on potential service level reductions in law
enforcement services during the budget update portion of the Council Workshop
meeting on February 11, 2012.
DISCUSSION:
With the dissolution of redevelopment agencies in California, the City is preparing for
impacts to the General Fund operating budget next fiscal year. The Fiscal Year (FY)
2011-12 operating budget includes $927,437 in the former redevelopment agency
budget (employee costs, contractual services and administrative overhead expenses)
which will have to be addressed as part of the General Fund budget in FY 2012-13.
The legislation which ended redevelopment provides for $250,000 for administrative
costs (based on the size of Grand Terrace’s redevelopment agency) which the City will
receive as revenue in FY 2012-13. The difference of $727,437 will be address through
the budget development process for FY 2012-13.
The contract for law enforcement services is the single largest expense in the FY 2012-
13 General Fund operating budget ($1,824,377 or 40.1%). The Sheriff’s Department
was asked to identify non patrol cost savings which could be implemented in the current
fiscal year. The elimination of the Sheriff’s Service Specialist position and the reduction
of the Detective to 20 hours/week were identified. Through existing resources, Grand
Terrace will continue to receive some of the services that were performed by the
Sheriff’s Service Specialist. The reduction in Detective hours should be offset by the
crimes now solved through the efforts of the Sheriff’s SMASH (San Bernardino County
COUNCIL AGENDA ITEM NO. 8B
Approvals
Finance Director (if applicable)
City Attorney RLA
City Manager bma
Movement Against Street Hoodlums) Unit based at the Central Station. The City has the
option to review the service level impacts due to these proposed contract reductions
and, at the direction of the Council, to restore these services next fiscal year.
FISCAL IMPACT:
The fiscal impact of approving the Seventeenth Amendment to Law Enforcement
Services Contract will be a budget savings of $52,731 (Account No. 10-410-256) for
Fiscal Year 2011-12. If the same service level reduction is maintained for Fiscal Year
2012-13 the budget savings would be $210,924.
Respectfully submitted:
/s/ Betsy M. Adams
Betsy M. Adams, City Manager
ATTACHMENTS:
Attachment A: Eighteenth Amendment to Law Enforcement Services Contract
No. 94-797 with the County of San Bernardino
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item ( X ) Successor Agency ( )
TITLE: Oversight Board Appointments
PRESENTED BY: Betsy M. Adams, City Manager
RECOMMENDATION: Ratify and approve a Resolution for the appointment by the
Mayor of two members to the Oversight Board of the
Successor Agency of the former Grand Terrace
Redevelopment Agency
BACKGROUND:
The California Supreme Court’s decision in the California Redevelopment Association v.
Matosantos on December 29, 2011 upheld AB X1 26 which dissolved all redevelopment
agencies in California on February 1, 2012. The City elected to become the Successor
Agency to its former redevelopment agency on January 10, 2012. All assets,
properties, contracts, leases and records of the former redevelopment agency were
automatically transferred by operation of law to the Successor Agency on February 1,
2012. The Successor Agency is responsible for the winding down of the Agency’s
obligations subject to the monitoring and approval of an Oversight Board. Each
successor agency will have its own oversight board until 2016, when all oversight
boards will be consolidated into one county-wide oversight board.
DISCUSSION:
California Health & Safety Code Section 34179 (a) requires the formation of oversight
boards to the successor agencies of former redevelopment agencies. Further, it defines
the composition of the oversight board; what constitutes a quorum; that oversight
boards must comply with the Ralph M. Brown Act, the California Public Records Act,
and the Political Reform Act of 1974; and that oversight boards have fiduciary
responsibility to the holders of enforceable obligations and the taxing entities that
benefit from distributions of property tax and other revenue.
COUNCIL AGENDA ITEM NO. 8C
Approvals
Finance Director (if applicable) ---
City Attorney rk
City Manager bma
The Oversight Board consists of the following seven members:
One member appointed by the County Board of Supervisors
One member of the public appointed by the County Board of Supervisors
One member appointed by the Mayor of the City that formed the redevelopment
agency
One member appointed by the Mayor representing the employees of the former
redevelopment agency from the recognized employee organization representing
the employees of the former redevelopment agency
One member appointed by the largest special district, by property tax share, with
territory in the jurisdiction of the former redevelopment agency
One member appointed by the County Superintendent of Schools to represent
schools
One member appointed by the Chancellor of the California Community Colleges
to represent community colleges in the district
Appointments by the Mayor
The Mayor has the authority to appoint two members of the Oversight Board. The first
appointment, as specified in Health & Safety Code Section 34179(a)(2) states that one
member is to be “appointed by the mayor for the city that formed the redevelopment
agency.” No additional criteria or restrictions are specified. For this appointment, the
Mayor has decided to appoint himself. Health & Safety Code Section 34179(i) states
that any individual may “serve simultaneously on up to five separate oversight boards in
addition to holding office in a city, county, city and county, special district, school district,
or community college district.” The City Attorney has reviewed this Code and
determined that any individual appointed by the Mayor may serve concurrently on both
the Oversight Board and any of the previously mentioned public bodies without an issue
of incompatible offices.
The second appointment by the Mayer is to be a representative of the employees of the
former redevelopment agency. The Mayor has decided to appoint the Community &
Economic Development Director to this position. Health & Safety Code Section
34179(a)(7) contemplates the appointment as a representative from a recognized
employee organization of the former redevelopment association, not a representative of
city employees who performed redevelopment agency functions. Many cities do not
have employees who were solely employees of former redevelopment agencies.
Legislation, AB 1585, has been introduced which, if passed, would allow city employees
who performed redevelopment functions to be appointed to the Oversight Board. Staff
recommends that the City proceed with an employee appointment to the Oversight
Board to preserve the City’s opportunity to have two seats on this body. Health &
Safety Code 34179(a) grant the Governor the power to fill any vacancies on an
oversight board lasting longer than 60 days.
The need for the City Council’s approval of the Mayor’s appointments to the Oversight
Board is not addressed in Health & Safety Code Section 34179. The City Attorney has
reviewed this Section 34179 and determined that the City should follow Government
Code 40605 with regard to this matter, which would require the Mayor’s appointments to
be approved by the City Council. Approval of the Resolution included as an attachment
to this staff report will satisfy this requirement.
Appointments by Other Entities
The San Bernardino County Superintendent of Schools has appointed the Principal of
McKinley Elementary School in the Colton Joint Unified School District, Dr. Frank
Miranda, to the Oversight Board of the Grand Terrace Successor Agency. McKinley
Elementary School is located in Colton.
There is presently a dispute as to who is the largest special district, by property tax
share, within the boundary of the former redevelopment agency. The City’s property tax
consultant, HdL Coren & Cone, has identified the San Bernardino County Fire District as
Grand Terrace’s largest special district. San Bernardino Valley Municipal Water District
(SBVMWD) has self-identified as Grand Terrace’s largest special district and the Board
has passed a resolution appointing the General Manager, Douglas D. Headrick, to the
Oversight Board of the Grand Terrace Successor Agency. Staff has been in discussion
with SBVMWD and San Bernardino County Auditor-Controller staff seeking clarification
on this matter. The City Attorney was consulted to see if his office should assist with
making this determination. AB X1 26 does not specify who make the largest special
district determination. The Auditor-Controllers in Orange County and Riverside County
have made this determination for their respective cities. Grand Terrace is one of
several cities to receive a letter from SBVMWD so it would be reasonable to expect the
Auditor-Controller for San Bernardino County to make the largest special district
determination for the cities in San Bernardino County.
As of March 7, 2012, the City had not received notification of any other appointments to
its Oversight Board. A matter which the Council may want to consider is if it desires to
make a formal recommendation to the Board of Supervisors on the appointment of a
resident to the Grand Terrace Successor Agency. At the staff level, we have heard the
resident appointment will be a resident of the County but not necessarily a Grand
Terrace resident. The City Attorney has reviewed Health & Safety Code 34179(a)(6)
which is unclear on this matter. In some counties, city councils have submitted
recommendations to either the board of supervisors or their specific supervisor. If the
Council has a desire to consider doing this the matter should either be scheduled for a
Special Meeting or the meeting of March 24, if the Board of Supervisors has not made
the resident appointments by then.
FISCAL IMPACT:
There is no fiscal impact in approving and ratifying the Mayor’s appointments to the
Oversight Board.
Respectfully submitted:
/s/ Betsy M. Adams
Betsy M. Adams, City Manager
ATTACHMENTS:
1. Resolution of the City Council of Grand Terrace to Ratify and Approve the
Appointment by the Mayor of the City of Grand Terrace of Two Members to the
Oversight Board of the Successor Agency for the Former Grand Terrace
Redevelopment Agency Pursuant to Health & Safety Code Section 34179.
2. Health & Safety Code Section 34179
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF GRAND
TERRACE TO RATIFY AND APPROVE THE
APPOINTMENT BY THE MAYOR OF THE CITY OF
GRAND TERRACE OF TWO MEMBERS TO THE
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY
FOR THE FORMER GRAND TERRACE
REDEVELOPMENT AGENCY PURSUANT TO HEALTH &
SAFETY CODE SECTION 34179.
WHEREAS, ABX1 26 operated to dissolve all redevelopment agencies in
California;
WHEREAS, ABX1 26 allows the city that authorized the creation of a
redevelopment agency to become a successor agency to that redevelopment agency;
WHEREAS, ABX1 26 creates oversight boards to oversee the activities of
successor agencies;
WHEREAS, the City of Grand Terrace has opted to become the successor
agency to the Grand Terrace Redevelopment Agency and, therefore, an oversight
board exists for the successor agency to the Grand Terrace Redevelopment Agency;
WHEREAS, Health & Safety Code Section 34179(a)(2) provides that the Mayor
of the city that authorized the creation of a redevelopment agency may appoint one at-
large member to the Oversight Board of the Successor Agency to the former
redevelopment agency;
WHEREAS, Health & Safety Code section 34179(a)(7) provides that the Mayor
of the city that authorized the creation of a redevelopment agency may appoint one
member to the Oversight Board of the Successor Agency to represent employees of the
former redevelopment agency;
WHEREAS, Government Code Section 40605 requires that any appointment by
the Mayor must be approved by the City Council.
NOW THEREFORE, THE CITY COUNCIL OF GRAND TERRACE DOES
RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby ratifies and approves the Mayor’s
appointment of Mayor Walt Stanckiewitz to the Oversight Board of the Successor
Agency to the Grand Terrace Redevelopment Agency pursuant to Health & Safety Code
Section 34179(a)(2).
SECTION 2. The City Council also hereby ratifies and approves the Mayor’s
appointment of Joyce Powers to the Oversight Board of the Successor Agency to the
Grand Terrace Redevelopment Agency pursuant to Health & Safety Code Section
34179(a)(7).
SECTION 3. The aforementioned appointments to the Oversight Board are to be
effective immediately.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of resolutions.
PASSED, APPROVED AND ADOPTED this 13th day of March, 2012.
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City of Grand Terrace
I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby
certify that the foregoing Resolution was introduced and adopted at a regular meeting of
the City Council of the City of Grand Terrace held on the 13th day of March, 2012 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
City Attorney
CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 34179
34179. (a) Each successor agency shall have an oversight board
composed of seven members. The members shall elect one of their
members as the chairperson and shall report the name of the
chairperson and other members to the Department of Finance on or
before May 1, 2012. Members shall be selected as follows:
(1) One member appointed by the county board of supervisors.
(2) One member appointed by the mayor for the city that formed the
redevelopment agency.
(3) One member appointed by the largest special district, by
property tax share, with territory in the territorial jurisdiction of
the former redevelopment agency, which is of the type of special
district that is eligible to receive property tax revenues pursuant
to Section 34188.
(4) One member appointed by the county superintendent of education
to represent schools if the superintendent is elected. If the county
superintendent of education is appointed, then the appointment made
pursuant to this paragraph shall be made by the county board of
education.
(5) One member appointed by the Chancellor of the California
Community Colleges to represent community college districts in the
county.
(6) One member of the public appointed by the county board of
supervisors.
(7) One member representing the employees of the former
redevelopment agency appointed by the mayor or chair of the board of
supervisors, as the case may be, from the recognized employee
organization representing the largest number of former redevelopment
agency employees employed by the successor agency at that time.
(8) If the county or a joint powers agency formed the
redevelopment agency, then the largest city by acreage in the
territorial jurisdiction of the former redevelopment agency may
select one member. If there are no cities with territory in a project
area of the redevelopment agency, the county superintendent of
education may appoint an additional member to represent the public.
(9) If there are no special districts of the type that are
eligible to receive property tax pursuant to Section 34188, within
the territorial jurisdiction of the former redevelopment agency, then
the county may appoint one member to represent the public.
(10) Where a redevelopment agency was formed by an entity that is
both a charter city and a county, the oversight board shall be
composed of seven members selected as follows: three members
appointed by the mayor of the city, where such appointment is subject
to confirmation by the county board of supervisors, one member
appointed by the largest special district, by property tax share,
with territory in the territorial jurisdiction of the former
redevelopment agency, which is the type of special district that is
eligible to receive property tax revenues pursuant to Section 34188,
one member appointed by the county superintendent of education to
represent schools, one member appointed by the Chancellor of the
California Community Colleges to represent community college
districts, and one member representing employees of the former
redevelopment agency appointed by the mayor of the city where such an
appointment is subject to confirmation by the county board of
supervisors, to represent the largest number of former redevelopment
agency employees employed by the successor agency at that time.
(b) The Governor may appoint individuals to fill any oversight
board member position described in subdivision (a) that has not been
filled by May 15, 2012, or any member position that remains vacant
for more than 60 days.
(c) The oversight board may direct the staff of the successor
agency to perform work in furtherance of the oversight board's duties
and responsibilities under this part. The successor agency shall pay
for all of the costs of meetings of the oversight board and may
include such costs in its administrative budget. Oversight board
members shall serve without compensation or reimbursement for
expenses.
(d) Oversight board members shall have personal immunity from suit
for their actions taken within the scope of their responsibilities
as oversight board members.
(e) A majority of the total membership of the oversight board
shall constitute a quorum for the transaction of business. A majority
vote of the total membership of the oversight board is required for
the oversight board to take action. The oversight board shall be
deemed to be a local entity for purposes of the Ralph M. Brown Act,
the California Public Records Act, and the Political Reform Act of
1974.
(f) All notices required by law for proposed oversight board
actions shall also be posted on the successor agency's Internet Web
site or the oversight board's Internet Web site.
(g) Each member of an oversight board shall serve at the pleasure
of the entity that appointed such member.
(h) The Department of Finance may review an oversight board action
taken pursuant to the act adding this part. As such, all oversight
board actions shall not be effective for three business days, pending
a request for review by the department. Each oversight board shall
designate an official to whom the department may make such requests
and who shall provide the department with the telephone number and
e-mail contact information for the purpose of communicating with the
department pursuant to this subdivision. In the event that the
department requests a review of a given oversight board action, it
shall have 10 days from the date of its request to approve the
oversight board action or return it to the oversight board for
reconsideration and such oversight board action shall not be
effective until approved by the department. In the event that the
department returns the oversight board action to the oversight board
for reconsideration, the oversight board shall resubmit the modified
action for department approval and the modified oversight board
action shall not become effective until approved by the department.
(i) Oversight boards shall have fiduciary responsibilities to
holders of enforceable obligations and the taxing entities that
benefit from distributions of property tax and other revenues
pursuant to Section 34188. Further, the provisions of Division 4
(commencing with Section 1000) of the Government Code shall apply to
oversight boards. Notwithstanding Section 1099 of the Government
Code, or any other law, any individual may simultaneously be
appointed to up to five oversight boards and may hold an office in a
city, county, city and county, special district, school district, or
community college district.
(j) Commencing on and after July 1, 2016, in each county where
more than one oversight board was created by operation of the act
adding this part, there shall be only one oversight board appointed
as follows:
(1) One member may be appointed by the county board of
supervisors.
(2) One member may be appointed by the city selection committee
established pursuant to Section 50270 of the Government Code. In a
city and county, the mayor may appoint one member.
(3) One member may be appointed by the independent special
district selection committee established pursuant to Section 56332 of
the Government Code, for the types of special districts that are
eligible to receive property tax revenues pursuant to Section 34188.
(4) One member may be appointed by the county superintendent of
education to represent schools if the superintendent is elected. If
the county superintendent of education is appointed, then the
appointment made pursuant to this paragraph shall be made by the
county board of education.
(5) One member may be appointed by the Chancellor of the
California Community Colleges to represent community college
districts in the county.
(6) One member of the public may be appointed by the county board
of supervisors.
(7) One member may be appointed by the recognized employee
organization representing the largest number of successor agency
employees in the county.
(k) The Governor may appoint individuals to fill any oversight
board member position described in subdivision (j) that has not been
filled by July 15, 2016, or any member position that remains vacant
for more than 60 days.
(l) Commencing on and after July 1, 2016, in each county where
only one oversight board was created by operation of the act adding
this part, then there will be no change to the composition of that
oversight board as a result of the operation of subdivision (b).
(m) Any oversight board for a given successor agency shall cease
to exist when all of the indebtedness of the dissolved redevelopment
agency has been repaid.
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item (X) Successor Agency ( )
TITLE: Fiscal Year End Financial Results - FY 2010-11
PRESENTED BY: Bernie Simon, Finance Director
RECOMMENDATION: Receive and File
BACKGROUND:
The fiscal year end financial results present the fiscal year 2010-11 operating and
capital results along with the fund balance of the City and the Grand Terrace
Community Redevelopment Agency. City funds are considered the General Fund,
Special Revenue Funds, Capital Funds and the Sewer Fund. The Community
Redevelopment Agency (CRA) Funds are funds numbered (31) to (37). Revenues and
expenditures are presented on the attached schedules by quarter of the fiscal year.
The audited financial statements are in the process of being finalized and will be
presented at the March 28th meeting for approval. The information contained herein
reflects the draft audited financial statements information.
On June 29, 2011 the Governor of the State of California signed AB X1 26 and AB X1
27. AB X1 26, which dissolved redevelopment agencies in California, was eventually
upheld by the State Supreme Court. The City elected on January 10, 2012 to become
the successor agency to the Grand Terrace Community Redevelopment Agency.
Effective February 1, 2012, the Grand Terrace Community Redevelopment Agency has
been dissolved.
DISCUSSION:
The City ended fiscal year ended June 30, 2011 with an overall total fund balance of
$4,755,783 from overall revenues of $9,220,177 and overall expenditures of
$8,021,421. The General Fund ended the year with a positive fund balance of
$202,029, Special Revenue - Enterprise Funds ended with combined fund balance of
$4,553,043 and City Capital Funds ended the fiscal year with combined fund balance
COUNCIL AGENDA ITEM NO. 8D
Approvals
Finance Director (if applicable) b.s.
City Attorney RLA
City Manager bma
of $711. The net change in fund balance of the General Fund amounted to a $953,024
increase over the FY 2009-10 ending fund balance deficit of $(750,995).
The significant highlights in activities, revenues and expenditures of the City's General
Fund from the prior year are as follows:
General Fund revenues and transfers in exceeded expenditures and transfers out by
$953,024. Total fund revenue increased by $813,870 or 17.2 percent from FY 2009-10.
The increase was primarily due to one time revenue recognition. Total expenditures
decreased by $189,708 from FY 2009-10 primarily due to budget reductions. Other
Sources and (Uses) increased $179,542 compared to FY 2009-10. The increase was
primarily due to one time revenue recognition.
Property tax received decreased 4.0 percent from $1,448,489 to $1,359,542.
Sales tax and MLV –in-lieu increased 14.1 percent from $816,533 to $932,246.
Charges for services overall remained close to the previous year at $1,021,634.
Building and Planning fees increased 79% to $153,717 from only $85,824 in FY
2009-10. Child Care Center revenues actually decreased 3.5 percent to
$925,419.
City expended $105,462 from unassigned fund balance due to emergency clean
up and repairs to City streets and right of ways due to December 2010 winter
storm damage. The City applied for emergency grant funds, however, only
$22,340 was received during the year. The City is unlikely to recover the
difference.
Use of money and property category increased by 49.2 percent to $81,554.
General Fund recognized one time revenue of $1,036,754 in FY 2010-11
consisting of:
a) $132,000 Sale of Property to Redevelopment Agency for Habitat for
Humanity project
b) $819,235 Transfer-in of resources from Redevelopment Agency as
reimbursement for infrastructure project undertaken by City
c) $85,519 PERS credits taken during the year in lieu of contribution
payments due for the employee retirement system as a result of prior year
earnings restatements
General Fund overall operating expenditures decreased a net 4.8 percent over the prior
year, due to various budget reductions. The City is continuing many budget reduction
measures instituted in previous years such as a 10 percent employee salary furlough,
elimination and deferral of some employee benefits, deferral of merit increases,
accounting changes and reallocation of some employee salaries to other funds. Total
law enforcement expenditures equate to 42.4 percent of the net General Fund operating
expenditures. The next largest General Fund department is the Child Care Center
representing 17.8 percent of net General Fund operating expenditures.
The significant highlights in activities, revenues and expenditures of the City's Special
Revenue –Enterprise Funds from the prior year are as follows:
Revenue from impact fees of $474,791, primarily from Stater Bros. development
Reduction in capital fees due to City of Colton for sewer connection of $337,500
Sewer plant processing fee to City of Colton of $1,193,540
CDBG Fund project expenditures of $260,019
Below is a summary of the City budget in Table 1 and actual revenues and expenditures
for FY 2010-11 in Table 2.
CITY AMENDED FISCAL YEAR 2010-11 BUDGET - Table 1
SUMMARY REVENUE AND EXPENDITURES - BUDGET
Fund Beg.
Actual
Fund
Balance
Revenue
FY 2010-11
Expend.
FY 2010-11
Surplus
(Deficit)
Projected
Ending
Available
Fund
Balance
6-30-11
General Fund (750,996) 4,727,558 (4,794,991) 67,433 (818,429)
Special Revenue/Ent. 4,312,556 2,686,882 (3,011,301) (324,419) 3,988,137
Capital Project (4,533) 1,507,309 (1,302,320) 204,989 200,456
Total 3,557,027 8,921,749 (9,106,612) (184,863) 3,370,164
CITY FISCAL YEAR 2010-11 ACTUAL - Table 2
SUMMARY REVENUE AND EXPENDITURES – ACTUAL
Fund Beg.
Actual
Fund
Balance
Revenue
12 Months
Expend.
12 Months
Encum
b.
FYTD
Surplus
(Deficit)
12 Months
Ending
Available
Fund Balance
06-30-2011
General Fund (750,996) 5,676,275 (4,723,250) N/A 953,025 202,029
Special Revenue/Ent. 4,312,556 3,115,389 (2,874,902) N/A 240,487 4,553,043
Capital Project (4,533) 428,513 (423,269) N/A 5,244 711
Total 3,557,027 9,220,177 (8,021,421) N/A 1,198,756 4,755,781
The significant highlights in activities, revenues and expenditures of the Grand Terrace
Community Redevelopment Agency expenditures during FY 2010-11 included:
$6,506,230 in property tax increment revenue of which $1,301,246 was allocated
to the CRA Low Mod Income Housing Fund
Grand Terrace Road, installation of new landscaping - $37,940
Reconstruction of Grand Terrace Road between Barton Road and Vivienda
Avenue - $43,133 CRA contribution
Senior Center Kitchen facility was upgraded for commercial use at a cost of
$160,419 using agency funds of $55,419 and CDGB funds of $105,000.
Construction of a new baseball field at Pico Park to replace one of the fields -
$438,120
Construction of street and landscaping improvements, Michigan Street, Barton
Road, and La Paix - $608,712
Through a partnership with the Colton Unified School District, the Agency
contributed $130,000 of redevelopment funds toward completion of a storm drain
at the site of the future Grand Terrace High School
Conceptual design for the west side park (for grant application and community
meetings) - $10,715
Commercial Exterior Improvement Program – The Agency is working with
property owners to provide financial assistance to improve building facades and
properties. $52,214 was expended in the current fiscal year.
Neighborhood Improvement Grant Program – The Agency is providing limited
financial assistance to improve the exterior of older homes in the City. $9,682
was expended in the current fiscal year. The maximum grant amount is $1,000
for qualified residents, and the funds may be used to purchase materials for
exterior upgrades to residential property, such as paint and landscaping
materials.
Economic Development – The Agency executed a $1.2 million Economic
Development Agreement with Stater Bros. Markets in September 2010. Stater
Bros. has not requested any reimbursement, under the terms of this agreement,
as of the date of this report.
Agency Long Term Debt
The Grand Terrace Community Redevelopment Agency made lease payments to
Zion’s Bank in the amount of $254,847 under an underlying debt assumption
related to the refinancing of the 1997 Certificates of Participation and made
payments of $1,831,925 for debt obligations of the 2004 CRA Tax Allocation
Bonds. On June 16, 2011, the Agency issued $15,175,000 of 2011 Series A Tax
Allocation Bonds and $5,650,000 of 2011 Series B Taxable Tax Allocation
Bonds. The bond issuance resulted in net project funds to the agency of
$18,539,311 plus $1,757,800 held as a reserve for bondholders by the trustee.
Pass-through payments – the Grand Terrace Community Redevelopment
Agency made contractual and statutory payments to overlapping taxing agencies
in the current fiscal year in the amount of $2,262,609. The total includes a
statutory pass-through payment to the City of Grand Terrace in the amount of
$80,767.
SERAF and ERAF – in accordance with ABx4-26, the Grand Terrace Community
Redevelopment Agency remitted $448,636 to the County Auditor-Controller for
its share of mandated Supplemental Educational Revenue Augmentation Fund
(SERAF) in May 2011. The Agency was also responsible for $77,874 in statutory
Educational Revenue Augmentation Fund (ERAF) liability at June 30, 2011.
Other reductions to CRA fund balance
In September 2011, the City on behalf of the Agency entered into a settlement
agreement with San Bernardino Valley Municipal Water District for pass-through
made incorrectly by the County Auditor Controller. The Agency subsequently
made an agreement to the same effect after the state supreme court. However,
accounting rules require retrospective recognition of such an error. There was
no effect on the financial results for FY 2010-11 but it did reduce available fund
balance in the CRA Debt Service Fund by $2,295,360.
In January 2012, the Successor Agency entered into a settlement agreement
with the Colton Joint Unified School District regarding unpaid or prior disputed
pass through payments to the district amounting to $1,158,888. Accounting rules
require retrospective recognition of such an adjustment All of the liability except
$400,000 was accrued in prior years, of which a prior period adjustment was
made. There was no effect on the financial results for FY 2010-11 but it did
reduce available fund balance in the CRA Debt Service Fund by $400,000.
Below is a summary of Grand Terrace Community Redevelopment Agency budget in
Table 3 and the actual revenues and expenditures for FY 2010-11 in Table 4.
GRAND TERRACE CRA AMENDED FISCAL YEAR 2010-11 BUDGET – Table 3
SUMMARY REVENUE AND EXPENDITURES - BUDGET
Fund Beg.
Actual
Fund
Balance
Revenue
FY 2010-11
Expend.
FY 2010-11
Surplus
(Deficit)
Budget
Projected
Ending
Available
Fund
Balance
6-30-11
Obligation Retirement 0 0 0 0 0
Capital Projects (941,146) 1,124,630 (5,309,783) (4,185,153) (5,126,299)
CRA Bond Proceeds 0 0 0 0 0
Debt Service 4,431,833 7,062,662 (6,408,555) 654,107 5,085,940
CRA Low Mod 361,312 1,650,715 (1,458,580) 192,135 553,447
Total 3,851,999 9,938,007 (13,176,918) (2,415,077) 513,088
GRAND TERRACE CRA FISCAL YEAR 2010-11 ACTUAL - Table 4
SUMMARY REVENUE AND EXPENDITURES – ACTUAL
Fund Beg.
Actual
Fund
Balance
Revenue
12 Months
Expend.
12 Months
Encumb.
FYTD
Surplus
(Deficit)
12 Months
Actual
Ending
Available
Fund
Balance
06-30-2011
Obligation Retirement 0 0 0 N/A 0 0
Capital Projects (941,146) 5,555,631 (4,081,053) N/A 267,078 (674,068)
CRA Bond Proceeds 0 18,528,371 0 N/A 18,528,371 18,528,371
Debt Service 4,431,833 7,612,158 (9,148,825) N/A (1,536,667) 2,895,166
CRA Low Mod 361,312 1,307,421 (1,243,947) N/A 63,474 424,786
Total 3,851,999 33,003,581 (14,473,825) N/A 18,529,756 22,381,755
FISCAL IMPACT:
There is no fiscal impact with this report.
Respectfully submitted:
Bernie Simon, Finance Director
ATTACHMENTS:
FY 2010-11 Budget Actual Reports 06-30-2011
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
Beg.
Actual
Avail.
Fund
Balance
Jun. 30, 11
FY-to-date
Revenue
Jun. 30, 11
FY-to-date
Expenditure
Jun. 30, 11
FY-to-date
Encumb
Jun. 30, 11
Actual
Avail.
Fund
Balance
Amended
Budget
FY 2010-11
Revenue
Amended
Budget
FY 2010-11
Expend
Jun. 30, 11
Projected
Avail
Fund
Balance
TOTAL 10- GENERAL FUND (750,996)5,676,275 (4,723,250) N/A 202,029 4,727,558 (4,794,991) (818,429)
11 - STREET FUND 839,911 467,986 (13,746)N/A 1,294,151 4,000 (91,500)752,411
12 - STORM DRAIN FUND 64,419 2,483 0 N/A 66,902 500 0 64,919
13 - PARK FUND 228,170 8,122 0 N/A 236,292 7,250 (16,629)218,791
14 - SLESF (AB3229 COPS)0 100,095 (100,095)N/A 0 100,000 (100,000)0
15 - AIR QUALITY IMPRV. FUND 74,016 14,370 (34,176)N/A 54,210 14,350 (38,475)49,891
16 - GAS TAX FUND 81,304 359,738 (352,431)N/A 88,611 364,303 (354,202)91,405
17 - TRAFFIC SAFETY FUND (39,974)80,391 (67,930)N/A (27,513)85,000 (85,650)(40,624)
19 - FACILITIES FUND 205,543 2,561 0 N/A 208,104 800 0 206,343
20 - MEASURE "I" FUND 106,093 317,280 (265,218)N/A 158,155 440,165 (462,007)84,251
21 - WASTE WATER DISPOSAL F 1,711,682 1,496,571 (1,417,002)N/A 1,791,251 1,501,800 (1,677,879)1,535,603
21 - DESG WWD CAPITAL FEES 1,022,960 0 (337,500)N/A 685,460 0 0 1,022,960
22 - CDBG FUND 0 252,468 (260,019)N/A (7,551)154,379 (154,379)0
26 - LNDSCP & LGTG A.D.18,432 13,324 (26,785)N/A 4,971 14,335 (30,580)2,187
TOTAL OTHER CITY FUNDS 4,312,556 3,115,389 (2,874,902)N/A 4,553,043 2,686,882 (3,011,301)3,988,137
44 ‐ CAPITAL PROJECT ‐ BIKE LANE 00 0N/A 0 0 00
46 ‐ CAPITAL IMPR‐ STREETS 0 428,513 (396,686)N/A 31,827 652,206 (352,206)300,000
47 ‐ CAP.PRJ. BARTON BRIDGE (4,533)0 (26,583)N/A (31,116)855,103 (950,114)(99,544)
48 ‐ CAP.PRJ. PARK GRANT 00 0N/A 0 0 00
TOTAL CAPITAL FUNDS (4,533) 428,513 (423,269) N/A 711 1,507,309 (1,302,320) 200,456
TOTAL CITY FUNDS 3,557,027 9,220,177 (8,021,421) N/A 4,755,783 8,921,749 (9,108,612) 3,370,164
31 ‐ OBLIGATION RET FUND 00 0N/A 0 0 00
32 ‐ CAPITAL PROJECTS FUND (941,146)4,348,131 (4,081,053)N/A (674,068)1,124,630 (5,309,783)(5,126,299)
33 ‐ DEBT SERVICE FUND 4,431,833 7,612,158 (9,148,825)N/A 2,895,166 7,062,662 (6,408,555)5,085,940
33 ‐ BOND PROCEEDS 0 18,528,371 0 N/A 18,528,371 0 0 0
34 ‐ LOW MOD INC HSG FUND 361,312 1,307,421 (1,243,947)N/A 424,786 1,650,715 (1,458,580)553,447
37 ‐ CRA PROJECT FUND 0 1,207,500 0 N/A 1,207,500 0 0 0
TOTAL CRA FUNDS 3,851,999 33,003,581 (14,473,825) N/A 22,381,755 9,838,007 (13,176,918) 513,088
Grand Total- ALL FUNDS 7,409,026 42,223,758 (22,495,246) N/A 27,137,538 18,759,756 (22,285,530) 3,883,252
Notes: Revenues include Transfers-In
Actual - Twelve Months Budget through June 30, 2011
City and CRA of Grand Terrace
Budget: FY 2010‐11
Fund Balance Report
Actual July 1, 2010 through June 30, 2011 and Budget through June 30, 2011
AMENDED
Actual Fund Balance
6-30-2011
vs. Amend Budget
Sept 30, 10
FY-to-date
Revenue
%
25%
Dec. 31, 10
FY-to-date
Revenue
%
50%
Mar. 31, 11
FY-to-date
Revenue
%
75%
Jun. 30, 11
FY-to-date
Revenue
%
100%
Amended
Budget
FY 2010-11
Revenue
TOTAL 10‐ GENERAL FUND 402,091 8.5% 1,219,979 25.8% 3,619,164 76.6% 5,676,275 120.1% 4,727,558
11 ‐ STREET FUND 1,067 26.7% 464,948 11623.7% 465,992 11649.8% 467,986 11699.7% 4,000
12 ‐ STORM DRAIN FUND 77 15.4% 2,328 465.6% 2,381 476.2% 2,483 496.6% 500
13 ‐ PARK FUND 277 3.8% 7,578 104.5% 7,765 107.1% 8,122 112.0% 7,250
14 ‐ SLESF (AB3229 COPS)0 0.0% 0 0.0% 61,154 61.2% 100,095 100.1% 100,000
15 ‐ AIR QUALITY IMPROVEMENT FUND 388 2.7% 4,221 29.4% 7,621 53.1% 14,370 100.1% 14,350
16 ‐ GAS TAX FUND 93 0.0% 134,187 36.8% 231,820 63.6% 359,738 98.7% 364,303
17 ‐ TRAFFIC SAFETY FUND 12,407 14.6% 24,330 28.6% 51,579 60.7% 80,391 94.6% 85,000
19 ‐ FACILITIES FUND 50 6.3% 2,068 258.5% 2,258 282.3% 2,561 320.1% 800
20 ‐ MEASURE "I" FUND 27,515 6.3% 114,196 25.9% 204,154 46.4% 317,280 72.1% 440,165
21 ‐ WASTE WATER DISPOSAL FUND 230,344 15.3% 389,399 25.9% 928,759 61.8% 1,496,571 99.7% 1,501,800
22 ‐ CDBG FUND 0 0.0% 0 0.0% 229,269 148.5% 252,468 163.5% 154,379
26 ‐ LNDSCP & LGTG ASSESSMENT DIST 0 0.0% 5,836 40.7% 6,572 45.8% 13,324 92.9% 14,335
TOTAL OTHER CITY FUNDS 272,218 10.1% 1,149,091 42.8% 2,199,324 81.9% 3,115,389 115.9% 2,686,882
44 ‐ CAPITAL PROJECT ‐ BIKE LANE 0 0.0% 0 0.0% 0 0.0% 0 0.0%0
46 ‐ CAPITAL IMPROVEMENTS ‐ STREET 0 0.0% 63,027 9.7% 281,200 43.1% 428,513 65.7% 652,206
47 ‐ CAP.PRJ. BARTON/COLTON BRIDG 0 0.0% 0 0.0% 0 0.0% 0 0.0% 855,103
48 ‐ CAP.PRJ. PARK GRANT 0 0.0% 0 0.0% 0 0.0% 0 0.0%0
TOTAL CAPITAL FUNDS 0 0.0% 63,027 4.2% 281,200 18.7% 428,513 28.4% 1,507,309
TOTAL CITY FUNDS 674,309 7.6% 2,432,097 27.3% 6,099,688 68.4% 9,220,177 103.3% 8,921,749
31 ‐ OBLIGATION RET FUND 0 0.0% 0 0.0% 0 0.0% 0 0.0%0
32 ‐ CAPITAL PROJECTS FUND 265,402 23.6% 548,704 48.8% 2,091,696 186.0% 4,348,131 386.6% 1,124,630
33 ‐ DEBT SERVICE FUND 162,881 2.3% 1,901,063 26.9% 2,393,889 33.9% 7,612,158 107.8% 7,062,662
33 ‐ BOND PROCEEDS 0 0.0% 0 0.0% 0 0.0% 18,528,371 0.0%0
34 ‐ LOW INCOME HOUSING FUND 2,480 0.2% 398,463 24.1% 482,529 29.2% 1,307,421 79.2% 1,650,715
37 ‐ CRA PROJECT FUND 0 0.0% 0 0.0% 1,207,500 0.0% 1,207,500 0.0%0
TOTAL CRA FUNDS 430,763 4.4% 2,848,230 29.0% 6,175,614 62.8% 33,003,581 335.5% 9,838,007
Grand Total‐ ALL FUNDS 1,105,072 5.9% 5,280,327 28.1% 12,275,302 65.4% 42,223,758 225.1% 18,759,756
Notes: Revenues include Transfers-In
Fiscal Year to Date Revenue Analysis by Quarter
City and CRA of Grand Terrace
Budget: FY 2010‐11
Revenue Report for Twelve (12) Months
July 1, 2011 through June 30, 2011
REVENUES
Actual Actual Actual Actual
Revenues by Quarter
FYTD
FY 2010-11
Jun. 30, 11
FY-to-date
Revenue
Property
Taxes
/Increment
Other
Taxes
Franchise
Intergov Licenses
Permits
Charges
User Fees
Impact/
Cap
Imprv
Fees
Fines &
Forfeitures
Interest
& Use
TSF
Other
10 ‐ GENERAL FUND 5,676,275 1,389,541 1,536,601 66,698 157,512 1,071,955 0 14,867 213,555 1,225,546
11 ‐ STREET FUND 467,986 0 0 0 0 0 463,540 0 4,446 0
12 ‐ STORM DRAIN FUND 2,483 0 0 0 0 0 2,234 0 249 0
13 ‐ PARK FUND 8,122 0 0 0 0 0 7,241 0 881 0
14 ‐ SLESF (AB3229 COPS)100,095 0 0 100,000 0 0 0 0 95 0
15 ‐ AIR QUALITY IMPROVEMENT FUN 14,370 0 0 14,151 0 0 0 0 219 0
16 ‐ GAS TAX FUND 359,738 0 0 320,722 0 0 0 0 180 38,836
17 ‐ TRAFFIC SAFETY FUND 80,391 0 0 0 0 0 0 80,517 ‐126 0
19 ‐ FACILITIES FUND 2,561 0 0 0 0 0 1,776 0 785 0
20 ‐ MEASURE "I" FUND 317,280 0 0 316,680 0 0 0 0 600 0
21 ‐ WASTE WATER DISPOSAL FUND 1,496,571 0 0 0 0 1,486,212 0 0 10,359 0
22 ‐ CDBG FUND 252,468 0 0 252,468 000000
26 ‐ LNDSCP & LGTG ASSESSMENT DIS 13,324 13,324 00000 000
TOTAL OTHER CITY FUNDS 3,115,389 13,324 0 1,004,021 0 1,486,212 474,791 80,517 17,688 38,836
44 ‐ CAPITAL PROJECT ‐ BIKE LANE 0000000000
46 ‐ CAPITAL IMPROVEMENTS ‐ STREE 428,513 0 0 70,000 0 0 0 0 0 358,513
47 ‐ CAP.PRJ. BARTON/COLTON BRIDG 0000000000
48 ‐ CAP.PRJ. PARK GRANT 0000000000
TOTAL CAPITAL FUNDS 428,513 0 0 70,000 0 0 0 0 0 358,513
TOTAL CITY FUNDS 9,220,177 1,402,865 1,536,601 1,140,719 157,512 2,558,167 474,791 95,384 231,243 1,622,895
31 ‐ OBLIGATION RET FUND 0000000000
32 ‐ CAPITAL PROJECTS FUND 4,348,131 0 0 0 0 0 0 0 63,983 4,284,148
33 ‐ DEBT SERVICE FUND 7,612,158 5,204,984 0 0 0 0 0 0 0 2,407,174
33 ‐ BOND PROCEEDS 18,528,371 0 0 0 0 0 0 0 0 18,528,371
34 ‐ LOW INCOME HOUSING FUND 1,307,421 1,301,246 0 0 0 0 0 0 6,175 0
37 ‐ CRA PROJECT FUND 1,207,500 0 0 0 0 0 0 0 0 1,207,500
TOTAL CRA FUNDS 33,003,581 6,506,230 0 0 0 0 0 0 70,158 26,427,193
Grand Total‐ ALL FUNDS 42,223,758 7,909,095 1,536,601 1,140,719 157,512 2,558,167 474,791 95,384 301,401 28,050,088
Fiscal Year Revenue by Type
Fiscal Year to Date Revenue Analysis by Type
City and CRA of Grand Terrace
Budget: FY 2010‐11
Revenue Report for Twelve (12) Months
July 1, 2010 through June 30‐2011
Revenues by Type
ENCUMB
Sept 30, 10
FY-to-date
Expend.
%
25%
Dec. 31, 10
FY-to-date
Expend.
%
50%
Mar. 31, 11
FY-to-date
Expend.
%
75%
Jun. 30, 11
FY-to-date
Expend.
%
100%EMCUMB.
To-Date
Total
Funds
Expended
Encumb
Amended
Budget
FY
2010-11
110 CITY COUNCIL 9,123 19.0%20,735 43.1%32,586 67.7%49,978 103.9%N/A 49,978 48,100
120 CITY MANAGER 58,842 24.7%131,471 55.3%195,231 82.1%223,198 93.8%N/A 223,198 237,872
125 CITY CLERK 38,448 20.4%83,128 44.1%130,081 69.0%190,400 101.0%N/A 190,400 188,436
140 FINANCE 58,635 23.2%143,712 56.9%201,590 79.9%252,643 100.1%N/A 252,643 252,445
160 CITY ATTORNEY 15,488 25.8%29,846 49.7%46,120 76.9%63,739 106.2%N/A 63,739 60,000
172 BUILDING AND SAFETY 22,436 17.0%51,861 39.3%85,545 64.9%128,883 97.7%N/A 128,883 131,882
175 PUBLIC WORKS 38,376 17.8%93,409 43.4%141,753 65.8%183,465 85.2%N/A 183,465 215,399
180 COMMUNITY EVENTS 20,537 37.0%36,465 65.8%51,381 92.7%74,199 133.8%N/A 74,199 55,441
185 RENTAL INSPECTION PROG 17,251 26.5%31,042 47.7%43,433 66.7%61,945 95.2%N/A 61,945 65,097
187 ENFORCEMENT PROGRAMS 12,646 9.4%51,338 38.3%97,238 72.5%135,930 101.4%N/A 135,930 134,039
190 NON‐DEPARTMENTAL 35,952 11.4%78,423 25.0%205,915 65.5%406,056 129.2%N/A 406,056 314,315
195 FACILITIES MAINTENANCE 17,889 11.3%40,534 25.7%51,652 32.7%72,602 46.0%N/A 72,602 157,849
370 COMMUNITY DEVELOPMENT/47,642 25.4%103,904 55.4%153,099 81.6%188,517 100.5%N/A 188,517 187,514
380 INFORMATION SYSTEMS 12,053 16.2%32,070 43.2%45,333 61.0%64,020 86.2%N/A 64,020 74,299
410 LAW ENFORCEMENT 330,427 16.3%986,918 48.7%1,479,698 73.1%2,003,591 98.9%N/A 2,003,591 2,025,596
440 CHILD CARE SERVICES 178,628 20.5%403,703 46.4%604,686 69.5%845,000 97.2%N/A 845,000 869,728
450 PARK MAINTENANCE 26,073 14.9%58,767 33.7%82,614 47.4%117,035 67.1%N/A 117,035 174,453
625 NPDES 17,500 19.0%42,613 46.3%60,615 65.8%82,033 89.0%N/A 82,033 92,125
631 STORM DRAIN MAINTENANCE 0 0.0%0 0.0%0 0.0%16,000 100.0%N/A 16,000 16,000
801 PLANNING COMMISSION 500 20.0%1,052 42.1%1,698 67.9%2,331 93.2%N/A 2,331 2,500
804 HISTORICAL/CULTURAL COMM 0 0.0%1,120 93.3%1,137 94.7%1,137 94.7%N/A 1,137 1,200
805 SENIOR CITIZENS PROGRAM 7,699 26.0%15,260 51.6%19,994 67.6%27,569 93.2%N/A 27,569 29,588
808 EOC/CERT 962 9.3%2,562 24.8%3,853 37.3%8,658 83.9%N/A 8,658 10,320
950 CAPITAL PROJECTS 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
999 COST ALLOCATION (137,299)0.0%(274,598)0.0%(411,897)0.0%(475,679)0.0%N/A (475,679)(549,207)
TOTAL GENERAL FUND 829,808 17.3% 2,165,334 45.2% 3,323,353 69.3% 4,723,250 98.5% N/A 4,723,250 4,794,991
11 ‐ STREET FUND 0 0.0%0 0.0%0 0.0%13,746 15.0%N/A 13,746 91,500
12 ‐ STORM DRAIN FUND 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
13 ‐ PARK FUND 402 2.4%804 4.8%1,206 7.3%0 0.0%N/A 0 16,629
14 ‐ SLESF (AB3229 COPS)16,793 16.8%50,250 50.3%75,374 75.4%100,095 100.1%N/A 100,095 100,000
15 ‐ AIR QUALITY IMPROVEMENT F 175 0.5%32,226 83.8%32,401 84.2%34,176 88.8%N/A 34,176 38,475
16 ‐ GAS TAX FUND 64,585 18.2%144,282 40.7%223,377 63.1%352,431 99.5%N/A 352,431 354,202
17 ‐ TRAFFIC SAFETY FUND 7,133 8.3%20,771 24.3%37,294 43.5%67,930 79.3%N/A 67,930 85,650
19 ‐ FACILITIES FUND 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
20 ‐ MEASURE "I" FUND 2,336 0.5%67,699 14.7%188,824 40.9%265,218 57.4%N/A 265,218 462,007
21 ‐ WASTE WATER DISPOSAL FUND 47,443 2.8%304,793 18.2%764,496 45.6%1,417,002 84.5%N/A 1,417,002 1,677,879
21 ‐ DESIG WW CAP FEES 0 0.0%0 0.0%0 0.0%337,500 0.0%N/A 337,500 0
22 ‐CDBG FUND 0 0.0%0 0.0%234,932 152.2%260,019 168.4%N/A 260,019 154,379
26 ‐ LNDSCP & LGTG ASSESSMENT D 3,745 12.2%5,225 17.1%6,237 20.4%26,785 87.6%N/A 26,785 30,580
TOTAL OTHER CITY FUNDS 142,612 4.7% 626,050 20.8% 1,564,141 51.9% 2,874,902 95.5% N/A 2,874,902 3,011,301
44 ‐ CAPITAL PROJECT ‐ BIKE LANE 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
46 ‐ CAPITAL IMPROVEMENTS ‐ STR 57,857 8.9%320,449 49.1%396,686 60.8%396,686 60.8%N/A 396,686 652,206
47 ‐ CAP.PRJ. BARTON/COLTON BRI 0 0.0%16,729 1.8%16,729 1.8%26,583 2.8%N/A 26,583 950,114
48 ‐ CAP.PRJ.‐ PARK GRANT 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
TOTAL CAPITAL FUNDS 57,857 3.6% 337,178 21.0% 413,415 25.8% 423,269 26.4% N/A 423,269 1,602,320
CITY BUDGET 1,030,277 11.0% 3,128,562 33.3% 5,300,909 56.3% 8,021,421 85.3% N/A 8,021,421 9,408,612
31 ‐ RDA OBLIGATION RET FUND 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
32 ‐ CAPITAL PROJECTS FUND 159,669 3.0%447,781 8.4%2,923,560 55.1%4,081,053 76.9%N/A 4,081,053 5,309,783
33 ‐ DEBT SERVICE FUND 2,176,283 34.0%2,481,254 38.7%4,158,928 64.9%9,148,825 142.8%N/A 9,148,825 6,408,555
33 ‐ BOND PROCEEDS 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 1,458,580
34 ‐ CRA LOW MOD HOUSING 303,863 0.0%615,167 0.0%1,050,835 0.0%1,243,947 0.0%N/A 1,243,947 0
37 ‐ CRA PROJECT TRUST 0 0.0%0 0.0%0 0.0%0 0.0%N/A 0 0
TOTAL CRA FUNDS 2,639,815 20.0%3,544,202 26.9% 8,133,323 61.7% 14,473,825 109.8% N/A 14,473,825 13,176,918
Grand Total‐ ALL FUNDS 3,670,092 16.2% 6,672,764 29.5% 13,434,232 59.5% 22,495,246 99.6% N/A 22,495,246 22,585,530
Notes: Expenditures include Transfers-Out
Fiscal Year to Date Expenditure Analysis by Quarter
EXPENDITURES
City and CRA of Grand Terrace
FY 2011-12
Expenditure Report for Twelve (12) Months
July 1, 2010 through June 30, 2011
EXPEND FYE 6-30-11 Final Page 1
AGENDA REPORT
MEETING DATE: March 13, 2012 Council Item (X) Successor Agency (X )
TITLE: Mid-Year Budget Adjustments FY 2011-12
PRESENTED BY: Bernie Simon, Finance Director
RECOMMENDATION: Approve
BACKGROUND:
On February 28th, the mid-year budget review was presented to the City Council with
the current operating and capital results and fund balance of the City and the City as
successor agency to the redevelopment agency. Revenues and expenditures were
presented for the first and second quarter of the fiscal year. Fund balance was
presented as of December 31, 2011 and compared to the projected fiscal year end fund
balance at June 30, 2012.
City funds are considered the General Fund, Special Revenue Funds, Capital Funds
and the Sewer Fund. The Community Redevelopment Agency (CRA) Funds are funds
numbered (31) to (37) and are referred to as the Successor Agency Funds.
Proposed budget adjustments were not presented with the mid year budget review
because some items were still not resolved, however, staff wanted to show Council our
current budget vs. actual status. Proposed budget adjustments are now presented with
this report.
DISCUSSION:
Historically, staff proposes changes to the budget during the mid year review to update
the budget for any known or potential changes to revenues and expenditures to ensure
that the budget is still in balance or has sufficient resources to fund all expenditures and
liabilities.
COUNCIL AGENDA ITEM NO. 8E
Approvals
Finance Director (if applicable) b.s.
City Attorney rla
City Manager bma
A recap of the City amended budget revenue and expenditures is presented by
summary table in Table 1 and City actual revenue and expenditure table is presented by
summary table in Table 2.
CITY AMENDED BUDGET - TABLE 1
FY 2011-12
SUMMARY REVENUE AND EXPENDITURES - BUDGET
Fund Beg.
Actual
Fund
Balance
Revenue
FY 2011-12
Expend.
FY 2011-12
Surplus
(Deficit)
Projected
Ending
Available
Fund
Balance
6-30-12
General Fund 202,029 4,884,971 (4,616,825) 268,146 470,175
Special Revenue/Ent. 4,553,042 2,442,908 (2,946,801) (503,893) 4,049,149
Capital Project 710 1,539,320 (1,716,413) (177,093) (176,383)
Total 4,755,781 8,867,199 (9,280,039) (412,840) 4,342,941
CITY ACTUAL REVENUE AND EXPENDITURES - TABLE 2
FY 2011-12
SUMMARY REVENUE AND EXPENDITURES – Actual Through Dec. 31, 2011
Fund Beg.
Actual
Fund
Balance
Revenue
6 Months
Expend.
6 Months
Encumb.
FYTD
Surplus
(Deficit)
6 Months
Ending
Available
Fund Balance
12-31-2011
General Fund 202,029 1,444,092 (2,056,688) (133,135) (745,731) (543,702)
Special Revenue/Ent. 4,553,042 655,321 (666,055) 0 (10,734) 4,542,308
Capital Project 710 671,094 (728,616) 0 (57,522) (56,812)
Total 4,755,781 2,770,507 (3,451,359) (133,135) (813,987) 3,941,794
The General Fund balance at December 31, 2011 is a deficit of $(543,702) but that
should turn around as the City receives the majority of its’ annual revenue in the second
half of the fiscal year. The General Fund is currently projected to have a surplus of
$268,146 for the year and projected ending fund balance of $470,175. The surplus is
primarily due to one time revenue, budget reductions and continued austerity measures
due to the poor economy.
The current General Fund budget projections do not take into account any effects due
to the dissolution of the Community Redevelopment Agency because there are still too
many unknown factors relating to the allowable costs and expenditures of the successor
agency and also the timing of when this will all take place. If clarification of the laws and
procedures of dissolution is not done, received or initiated before June 30, 2012, there
may be no effect in the current fiscal year. The current EOPS/IROPS, adopted by the
successor agency for fiscal year 2011-12, includes $927,437 of employee costs,
contractual services, and administrative overhead. Potentially, there is a limit of
$250,000 on how much would be covered by the administrative allowance. Also,
potentially some of these costs could be redirected to projects or possibly even paid for
from successor agency remaining fund balance prior to dissolution.
Staff proposes the following mid-year budget adjustments in Table 3.
Proposed Mid-Year Budget Adjustments - TABLE 3
FY 2011-12
# Description $ Account # Comments
1a Defund Sheriff Service
Specialist Position
For Jan 28 to June 30,12
Contract Amendment # 18
1b Sheriff contract Detective
position reduction 50%
reduction to 20 hrs./wk
Contract Amendment # 18
1 Subtotal Sheriff Contract 52,731 10-410-256 Net contract amendment change
2 Eliminate We Tip Contribution 1,500 10-410-256 Included in County agreement with
contract cities
3 Allocate staff time to Parks
Grant
4,020 10-370-xxx Reduction in GF CED salaries and
allocate to Parks Grant – CED
Director
4 Allocate staff time to Tax
Exempt Bond Projects
29,113 10-175-172 Reduction in GF CED, PW salaries
and allocate to Tax Exempt Bond
Projects – CED Director, PW Director
and Tech.
5 Allocation of Sr. Code Enf
Officer to CDBG
8,000 10-370-xxx Reimbursement of Code Enforcement
wages for CDBG funds received
6 Reduce Bank Fees 4,500 10-140-255 Reduction in bank fees due to
compensating balances of bond
proceeds deposited with BOFA
7 Increase in projected Sales
Tax Revenue
92,000 10-300-02 Revised sales tax projection from HdL
received 2/7/2012
8 Reduce Emergency
Assistance Grant Revenue
(4,175) 10-300-14 Forgo grant because City does not
have staff resources to satisfy grant
criteria
9 Reverse prior year staff salary
and partial cost allocation to
Air Quality Fund
(1,600) 10-xxx
various
Denial of staff time for green house
gas emission work charged to AQ
Fund and part of cost allocation
Total General Fund (10)
Budget Adjustments- net
186,089
# Description $ Account # Comments
10 Gas Tax Revenue (12,456) 16-300-xx Updated revenue projection decrease
from CaliforniaCityFinance.com
2/15/2012
Total Gas Tax Fund (16)
Budget Adjustments
(12,456)
Proposed Mid-Year Budget Adjustments - TABLE 3 (continued)
# Description $ Account # Comments
11 Reverse prior year staff salary
and partial cost allocation to
Air Quality Fund
1,600 15-xxx Denial of staff time for green house
gas emission work charged to AQ
Fund and part of cost allocation
Total Air Quality Fund (15)
Budget Adjustments
1,600
# Description $ Account # Comments
12 Revenue –Capital Project
Fund (48) Park Grant
(181,114) 46-300-10 Denial of staff time for green house
gas emission work charged to AQ
Fund and part of cost allocation
13 Park Project – Expenditures N/A 46-600-325 West Side Park design Mgmt –Webb
(Previously appropriated)
14 Park Project – Expenditures 4,020 46-600-325 Staff time Reimbursement - park
Total Capital Project Fund (48)
Park Grant Park Project
Budget Adjustments -net
(177,094) To correct net grant balance to zero
The proposed General Fund budget adjustments will increase revenues by a net
$87,825 and will decrease expenditures by $98,264 for a net increase to the General
Fund surplus by $186,089 and resulting in a projected fiscal year end General Fund
Balance of $656,264. This excludes any effect of the CRA dissolution at this time.
Approximately, 50% of our Public Works crew, street and signal lighting costs and other
minor street maintenance are funded by the Gas Tax Fund. Michael Coleman of
CaliforniaCityFinance.com and an analyst for the California League of Cities released a
new estimate of Gas Tax revenues for each city in mid February. This revised revenue
estimate indicates a reduction in projected revenues by $12,456. The reduction in
projected revenue will require a use of fund balance of $9,942. There is still sufficient
remaining fund balance.
Minor staff time and cost allocation for greenhouse gas emission was charged to the Air
Quality Fund In the prior fiscal year. The Air Quality Resources Board that oversees
this fund is denying a staff and cost allocation of $1,600. Funds will be returned from the
Genera Fund- (10) to the Air Quality Fund – (15).
Staff created Fund 48 to account for the Westside Park –State grant revenue and
expenditures. The budget will approximate the grant funding received. The only other
item so far was the purchase and funding of the park land through the state grant which
was previously approved. Items 12 to 14 in Table 3 will budget the items to be
completed and the related reimbursement to be received from the grant.
The City elected on January 10, 2012 to become the successor agency to the
Community Redevelopment Agency.
A recap of the Successor Agency amended budget revenue and expenditures is
presented by summary table in Table 4 and Successor Agency actual revenue and
expenditure table is presented by summary table in Table 5.
SUCCESSOR AGENCY BUDGET - Table 4
FY 2011-12
SUMMARY REVENUE AND EXPENDITURES - BUDGET
Fund Beg.
Actual
Fund
Balance
Revenue
FY 2011-12
Expend.
FY 2011-12
Surplus
(Deficit)
Projected
Ending
Available
Fund
Balance
6-30-12
Obligation Retirement 0 0 0 0 0
Capital Projects 533,432 1,837,000 (1,863,544) (26,544) 506,888
CRA Bond Proceeds 18,528,371 0 (1,395,321) (1,395,321) 17,133,050
Debt Service 2,895,166 6,052,858 (7,196,245) (1,143,387) 1,751,779
CRA Low Mod 424,786 1,280,560 (1,130,385) 150,175 574,961
Total 22,381,755 9,170,418 (11,585,495) (2,415,077) 19,966,678
SUCCESSOR AGENCY BUDGET - Table 5
FY 2011-12
SUMMARY REVENUE AND EXPENDITURES – Actual Through Dec. 31, 2011
Fund Beg.
Actual
Fund
Balance
Revenue
6 Months
Expend.
6 Months
Encumb.
FYTD
Surplus
(Deficit)
6 Months
Ending
Available
Fund
Balance
12-31-2011
Obligation Retirement 0 0 0 0 0 0
Capital Projects 533,432 34,229 (376,165) (5,640) (347,576) 185,856
CRA Bond Proceeds 18,528,371 0 (1,395,321) 0 (1,395,321) 17,133,050
Debt Service 2,895,166 2,129,746 (2,323,250) 0 (193,504) 2,701,662
CRA Low Mod 424,786 384,403 (677,280) 0 (292,877) 131,909
Total 22,381,755 2,548,378 (4,772,016) (5,640) (2,229,278) 20,152,477
On February 28, 2012, the Successor Agency adopted the EOPS/IROPS. In essence,
the IROPS is the effective temporary “budget” for the successor agency. Staff proposes
to amend the former CRA budget, as needed, to reflect what was adopted on the
EOPS/IROPS. The EOPS/IROPS generally reflected the budget with the exception of
some items such as agency director stipends and CRA projects that were budgeted, not
yet started or encumbered in some way and therefore not eligible to be named on the
EOPS/IROPS. Staff will also create a project fund for the CRA bond proceeds.
FISCAL IMPACT:
If adopted, the budget adjustments will increase projected General Fund Balance (10)
by $186,089. Budget adjustments would also decrease the Gas Tax Fund Balance (16)
by $12,456 and increase the Air Quality Fund Balance (15) by $1,600. There would be
no net change to the Capital Projects – West Side Park Project Fund – (48).
The Successor Agency budget would be amended as needed to reconcile to the
approved EOPS/IROPS.
Respectfully submitted:
/s/ Bernie Simon
Bernie Simon, Finance Director
ATTACHMENTS:
FY 2011-12 Projected Fund Balance Report with Mid Year Adjustments
Council Action
Approved as Recommended:
Denied/Other:
Council Motion:
Beg.
Actual
Fund
Balance
Amended
Budget
FY 2011-12
Revenue
Amended
Budget
FY 2011-12
Expend
Midyear
Adjustments
Revenue
Midyear
Adjustments
Expend
Net
Midyear
Adjustments
New
Jun. 30, 12
Projected
Available
Fund
Balance
TOTAL 10- GENERAL FUND 202,029 4,884,971 (4,616,825)87,825 98,264 186,089 656,264
11 - STREET FUND 1,294,151 7,000 (307,611)0 0 0 993,540
12 - STORM DRAIN FUND 66,902 350 0 0 0 0 67,252
13 - PARK FUND 236,292 7,100 (17,716)0 0 0 225,676
14 - SLESF (AB3229 COPS)0 100,000 (100,000)000 0
15 - AIR QUALITY IMPRV. FUND 54,210 14,250 0 0 (1,600)(1,600)66,860
16 - GAS TAX FUND 88,611 405,860 (403,346)(12,456)0 (12,456)78,669
17 - TRAFFIC SAFETY FUND (27,513)71,500 (53,813)000(9,826)
19 - FACILITIES FUND 208,104 200 0 0 0 0 208,304
20 - MEASURE "I" FUND 158,155 216,913 (266,704)0 0 0 108,364
21 - WASTE WATER DISPOSAL F 1,791,251 1,495,300 (1,674,278)0 0 0 1,612,273
21 - DESG WWD CAPTIAL FEES 685,460 0 0 0 0 0 685,460
22 - CDBG FUND (7,551)110,100 (110,100)000(7,551)
26 - LNDSCP & LGTG A.D.4,970 14,335 (13,233)0 0 0 6,072
TOTAL OTHER CITY FUNDS 4,553,042 2,442,908 (2,946,801)(12,456)(1,600)(14,056)4,035,093
44 ‐ CAPITAL PROJECT ‐ BIKE LANE 000000 0
46 ‐ CAPITAL IMPR‐ STREETS 31,826 850,232 (850,232)0 0 0 31,826
47 ‐ CAP.PRJ. BARTON BRIDGE (31,116)94,088 (94,088)000(31,116)
48 ‐ CAP.PRJ. PARK GRANT 0 595,000 (772,093)181,114 (4,021)177,093 0
TOTAL CAPITAL FUNDS 710 1,539,320 (1,716,413) 181,114 (4,021) 177,093 710
TOTAL CITY FUNDS 4,755,781 8,867,199 (9,280,039) 256,483 92,643 349,126 4,692,067
31 ‐ OBLIGATION RET FUND 000000 0
32 ‐ CAPITAL PROJECTS FUND (674,068)1,837,000 (1,622,044)0 755,000 755,000 1,050,888
33 ‐ DEBT SERVICE FUND 2,895,166 6,052,858 (7,196,245)0 (3,750,000)(3,750,000)(5,748,221)
33 ‐ BOND PROCEEDS 18,528,371 0 (1,395,321)0 (1,500,000)(1,500,000)14,133,050
34 ‐ LOW MOD INC HSG FUND 424,786 1,280,560 (1,130,385)0 207,689 207,689 990,339
37 ‐ CRA PROJECT FUND 1,207,500 0 (241,500)0 0 0 966,000
TOTAL CRA FUNDS 22,381,755 9,170,418 (11,585,495)0 (4,287,311) (4,287,311) 11,392,056
Grand Total- ALL FUNDS 27,137,536 18,037,617 (20,865,534) 256,483 (4,194,668) (3,938,185) 16,084,123
Notes: Revenues include Transfers-In
City and CRA of Grand Terrace
Budget: FY 2011‐12
Fund Balance Report
Projected Budget through June 30, 2012
Projected Fund Balance to
June 30, 2012 with Mid Year Adj