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07/24/2012CITY OF GRAND TERRACE CITY COUNCIL AGENDA • JULY 24, 2012 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center • 22795 Barton Road City of Grand Terrace Page 1 Updated 5/10/2012 12:07 PM 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 Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation -Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Walt Stanckiewitz ¨¨¨ Mayor Pro Tem Lee Ann Garcia ¨¨¨ Councilwoman Darcy McNaboe ¨¨¨ Councilman Bernardo Sandoval ¨¨¨ Councilman Gene Hays ¨¨¨ 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS A.Grand Terrace Area Chamber of Commerce Business of the Month 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. Agenda Grand Terrace City Council July 24, 2012 City of Grand Terrace Page 2 Updated 5/10/2012 12:07 PM A.Waive Full Reading of Full Ordinances on Agenda B.Approve Copier Rental Agreement (XEROX) C.Accept Crime Prevention Committee Minutes of June 11, 2012 D.Approval of Minutes –Regular Meeting –07/10/2012 E.Approval of Check Register No. 07-24-2012 4.PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5.COUNCIL REPORTS 6.PUBLIC HEARINGS A.Protest Hearing for Placement of Special Assessment Liens for Delinquent Utility Accounts And Adoption of a Resolution Authorizing the Special Assessment. 7.UNFINISHED BUSINESS A.Fiscal Year 2012-13 Budget Update, Approval of Recommended Budget Adjustments and Approve Budget Directive B.Approval of the 2012 Facility Use Policy and a Facility Use Agreement for Use of the Basketball Courts at Pico Park 8.NEW BUSINESS A.Approval of a Right of Entry Agreement Between the City and the Foundation of Grand Terrace for Construction of a Veteran's Memorial in Pico Park B.Successor Agency Adoption of the Draft Recognized Obligation Payment Schedule (ROPS-3) for Period of January 1, 2013 to June 30, 2013 C.Adopt Successor Agency Administrative Budget for Period July 1, 2012 to June 30, 2013 9.CLOSED SESSION A.Public Employee Performance Evaluation Per Government Code Section 54957 (B) Title: City Manager B.Employee Negotiations -Labor Negotiations Per Government Code 54957.6 City Labor Negotiator - Betsy Adams, City Manager -Negotiated With -All Unrepresented Employees ADJOURN The Next Regular City Council Meeting will be held on Tuesday, August 14, 2012 at 6:00 PM. Agenda Grand Terrace City Council July 24, 2012 City of Grand Terrace Page 3 Updated 5/10/2012 12:07 PM Agenda item requests must be submitted in writing to the City Clerk’s office no later than 14 calendar days preceding the meeting. AGENDA REPORT MEETING DATE:July 24, 2012 Council Item TITLE:Approve Copier Rental Agreement (XEROX) PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Approve a 36 Month Rental Agreement with XEROX for a XEROX W7556P Copier in the amount of $265.71 per month. BACKGROUND: The City is currently in a lease agreement for the upstairs copier which will expire August 1, 2012. The term of the lease was for 60 months at a rate of $270.66 per month. The pricing was fixed for the term of the lease and included all consumable supplies. Over the years the City has entered into lease agreements with XEROX and is satisfied with their service and equipment. DISCUSSION: Our current purchasing policy does not have any special clauses for piggy backing or special circumstance purchasing, however, the Public Contract Code (Sections 12100- 12113) allows cities to piggy back onto a State competitively bided agreement giving other agencies the lowest pricing available. Though this is a County bid, it has been set up to allow the State to piggy back on to the bid. Staff feels that the City would not be able to match this price through its own competitive bid process and that it would be in the best interest of the City to award this contract pursuant to the competitive bid process that the County of San Bernardino has already conducted. Staff was approached by XEROX to provide options on new equipment with the upcoming expiration of the current lease agreement. If the City does nothing the lease will go into evergreen and automatically extend into a 12 month contract that the City will not be able to end without penalties. If City enters into another lease, that was bid by the State, it will cost $326.16 per month and will include 7000 black and white copies, 3000 color copies, all consumable supplies and maintenance. All pricing is fixed for the term of the agreement. If the City needed to terminate the agreement at any time the City would have to give a 30 day notice and would be required to pay a cancellation penalty based upon when the agreement is canceled. The representative from XEROX also indicated that the County of San Bernardino negotiated a very competitive rental agreement bid that allows State agencies, counties, school districts and local municipalities to piggy back unto this bid. It is a 36 month rental agreement (Exhibit "A" Proposal) and includes all copies, including color, staples and consumable supplies for $265.71. The City can terminate the Agreement with a 30 day notice without any penalties. This option would be double in price monthly if the 3.B Packet Pg. 4 City were to bid its own agreement or piggy back onto a State bided agreement. At the end of the agreement the City can enter into another rental agreement, lease agreement, or do nothing at all. The San Bernardino County Rental Agreement has only been available for about a month and no other agency has piggy backed on the bid so far. Staff feels it would be advantageous for the City to so because of the cost and the ability to terminate the agreement with no penalties. The copier will be connected to the City's network server allowing staff to print copies from their computers in black and white or in color. The City does not currently have a color copier. Staff anticipates there will be savings by producing color documents on the copier instead of with desk top printers. With the implementation of the Agenda Management program, having a color copier available will allow staff to produce the City Council packets, that are done twice a month at minimum, as well as the Oversight Board packets with much clearer copies in a more efficient and economical way. FISCAL IMPACT: There is no fiscal impact with entering into a rental agreement with XEROX. The monthly lease payments have already been included in the FY 2012-2013 budget. ATTACHMENTS: ·Exhibit "A" Proposal APPROVALS: Tracey Martinez Completed 07/16/2012 5:34 PM Finance Completed 07/16/2012 5:43 PM City Attorney Completed 07/17/2012 11:46 AM City Manager Completed 07/17/2012 3:10 PM City Council Pending 3.B Packet Pg. 5 Meter Volume Band Per Print Rate AMPV Above Plan 1 CC265 $270.66 Included TOTAL All Prints $0.0060 8,220 8,220 $49.32 $319.98 UTU835770 $270.66 $0.00 8,220 $49.32 $319.98 $270.66 $0.00 8,220 $49.32 $319.98 Meter Volume Band Per Print Rate AMPV Above Plan 1 W7556P (WC7556P PRINTER)Rental $265.71 Included 1: BW 1 - 15,000 Included 7,000 0 $0.00 $265.71 Finisher w/ Stpl & 3 Hole 36 month term 15,001+ $0.0046 Conv Stapler Co of Sb Rental Contract 2: COLOR 3000 $0.0456 0 0 $0.00 Hi Cap Tandem Tray $265.71 Included 7,000 $0.00 $265.71 Included: Customer Ed Analyst Services Monthly Savings $54.27 Annual Savings $651.25 Contract savings $1,953.72 Meter Charges Totals Financial Analysis for CITY OF GRAND Prepared on 06/04/2011 Trade Items Agreement Information Equipment Monthly Payment Maintenan ce Monthly Payment Print Charges Meter Charges Total Paper Not included Totals Xerox Total Grand Total New Items Agreement Information Equipment Monthly Payment Maintenan ce Monthly Payment Print Charges Print Charges Current Costs Proposed Costs 3. B . a Pa c k e t P g . 6 Attachment: Exhibit "A" Proposal (1110 : Rental Agreement XEROX) CITY OF GRAND TERRACE CRIME PREVENTION COMMITTEE Regular Meeting MINUTES June 11, 2012 The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs Conference Room at City Hall. Meeting was called to order at 4:00 p.m. by Chairperson, Don Bennett. MEMBERS PRESENT were Don Bennett, JoAnn Johnson, Pat Smith and Lew Neeb MEMBERS ABSENT — Manuel Baltierra and Robert Kaplanek.. CITY STAFF/SHERIFF'S DEPT. — Lieutenant, Manny Mendoza, Sheriff's Department. GUESTS PRESENT — Elaine and Harry McDermott. INTRODUCTIONS — Guests had been introduced last month. AGENDA was approved with motion by Pat Smith and second by Lew Neeb. MINUTES for the meeting of May 14, 2012 were approved with motion by Lew Neeb and second by Pat Smith. PUBLIC COMMENT — None at this time. CORRESPONDENCE — None. UNFINISHED BUSINESS A. Crime Report by Lt. Manny Mendoza. a.There were approximately 11 arrests, but this was not significantly high. b.He indicated there had been some auto burglaries but in general had been few crimes.. c.He also said that a Homeland Security Grant would probably be available for the license readers as an assist in finding wanted vehicles within the city. d.It is still hoped that these license plate readers will be available for all patrol vehicles fairly soon, as well as for stationary readers. . B. Neighborhood Watch Program a.It was reported that the last two Neighborhood Watch Programs that Sylvia Beasley conducted were very well attended. Probably due to the difficulties that Grand Terrace encountered in the recent past. b.There was some discussion on AB 107 which has to do with Prison Realignment. Some of those who would have spent time in prison are being sent to County systems and frequently being released without serving any time at all. 3.C Packet Pg. 7 Co m m u n i c a t i o n : A c c e p t C r i m e P r e v e n t i o n C o m m i t t e e M i n u t e s o f J u n e 1 1 , 2 0 1 2 ( C o n s e n t C a l e n d a r ) JoAnn Jo NEW BUSINESS A.Crime Prevention Planning — Still trying to get more Neighborhood Watch programs going. B.Other Community Programs - None C.Member Reports a.JoAnn Johnson reported that the California Flag had been raised at the Senior Center, making the newly erected flag pole complete. b.She also reported that the Seniors (and herself) had made donations to the Fire/Medic fund and to the Veterans Memorial Fund. c.Elaine and Harry McDermott indicated that they were considering applying for membership on the committee. They were given all information on picking up applications and submitting them and urged to do so. ADJOURNMENT - There being no further business to discuss, the meeting was adjourned at 4:45 pm. Temporary Acting Secretary, Next Crime Prevention Meeting, July 9, 2012 at City at 4:00 pm at Hall. 3.C Packet Pg. 8 Co m m u n i c a t i o n : A c c e p t C r i m e P r e v e n t i o n C o m m i t t e e M i n u t e s o f J u n e 1 1 , 2 0 1 2 ( C o n s e n t C a l e n d a r ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES • JULY 10, 2012 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center • 22795 Barton Road City of Grand Terrace Page 1 Updated 7/19/2012 11:59 AM CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation -Pastor Jared Wright, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance -Councilman Bernardo Sandoval Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Absent Lee Ann Garcia Mayor Pro Tem Present Darcy McNaboe Councilwoman Present Bernardo Sandoval Councilman Present Gene Hays Councilman Present Betsy Adams City Manager Present Bernie Simon Finance Director Present Joyce Powers Community and Economic Development Director Present Richard Shields Director of Building & Safety/Public Works Present Tracey Martinez City Clerk Present Richard Adams City Attorney Present Ed Finneran San Bernardino County Sheriff's Department Present Rick McClintcock San Bernardino County Fire Department Present 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS 3.CONSENT CALENDAR RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Bernardo Sandoval, Councilman AYES:Lee Ann Garcia, Darcy McNaboe, Bernardo Sandoval, Gene Hays ABSENT:Walt Stanckiewitz A.Waive Full Reading of Full Ordinances on Agenda B.Approval of Minutes –Special Meeting –06/12/2012 C.Approval of Minutes –Regular Meeting –06/12/2012 D.Approval of Minutes –Special Meeting –06/26/2012 3.D Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 0 , 2 0 1 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 10, 2012 City of Grand Terrace Page 2 Updated 7/19/2012 11:59 AM E.Approval of Minutes –Regular Meeting –06/26/2012 F.Approval of Notice of Completion for Access Barrier Removal at City Hall H.Approval of Check Register No. 07-10-2012 ITEM REMOVED FROM THE CONSENT CALENDAR G.Approval of Household Hazardous Waste Collection Management Agreement with the San Bernardino County Fire Protection District RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Bernardo Sandoval, Councilman AYES:Lee Ann Garcia, Darcy McNaboe, Bernardo Sandoval, Gene Hays ABSENT:Walt Stanckiewitz 4.PUBLIC COMMENT Rich Solemento, Grand Terrace Fire and Rescue Association Presented the City with a check in the amount of $13,000 for the Paramedic Fund. He thanked the following individuals for their efforts and support: The Paid Call Firefighter and Grand Terrace Fire and Rescue Association members. 1-800 Board Up of Gary Griffiths and John Simpson. Local 935 Professional Firefighters Union. Sally McGuire and the Chamber of Commerce. The Citizens of Grand Terrace. Melissa Bush Announced that there are several children from Grand Terrace that will be performing in the Junior University's production of the Wizard of Oz and encouraged everyone to come out and enjoy the program. 5.COUNCIL REPORTS Councilmember Gene Hays Reported that the Chamber of Commerce held an open house at the Blue Mountain Beer Garden tasting room and it was a great event. Councilmember Darcy McNaboe Reported that the Lion's Club movie in the park was a great event. She indicated that there is talk of the Lion's Club doing a concert in the park in the future. She announced that the new stop sign at Main Street and Mt. Vernon has been installed. She reported that she attended the monthly Crime Prevention Committee in preparation for the workshop that will be held on August. It is a group of individuals that really care about the crime in the community and she is looking forward to the workshop. Councilmember Bernardo Sandoval Reported that he attended the Chamber Installation Dinner, which was well done. He announced that there is a Regional Softball All-Star Tournament taking place at Pico Park and encouraged those who are interested to go check it out. 3.D Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 0 , 2 0 1 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 10, 2012 City of Grand Terrace Page 3 Updated 7/19/2012 11:59 AM Mayor Pro Tem Lee Ann Garcia Requested an update from the Sheriff's Department and the Fire Department on the activities that took place over the 4th of July holiday. Ed Finneran, San Bernardino County Sheriff's Department Responded that the Sheriff's Department responded to a dozen calls related to illegal fireworks. Rick McClintcock, San Bernardino County Fire Reported that there was a house fire on DeSoto Street cause by fireworks. They are unsure whether it was from illegal or safe and sane fireworks. 6.PUBLIC HEARINGS A.Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code Section 65858, Temporarily Prohibiting the Establishment or Expansion of Adult Businesses Adopt an Interim Urgency Ordinance Extending the Current Moratorium in the Establishment or Expansion of Adult Businesses; and Adopt the agenda report as the official written report required by Government Code Section 65858(d). RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Bernardo Sandoval, Councilman AYES:Lee Ann Garcia, Darcy McNaboe, Bernardo Sandoval, Gene Hays ABSENT:Walt Stanckiewitz City Attorney Richard Adams Read the title of the Ordinance for the record. Sandra Molina, Senior Planner Gave a staff reported on the proposed extension of an Interim Urgency Ordinance of the City Council, adopted per Government Code 65858, Temporarily Prohibiting the Establishment or Expansion of Adult Businesses. Mayor Pro Tem Garcia Opened the Public Hearing for discussion, there being none she returned the discussion to the Council. 7.UNFINISHED BUSINESS 8.NEW BUSINESS A.Community Emergency Response Team (C.E.R.T.) Executive Committee and Crime Prevention Committee Member Appointments To appoint Tom Roberts, Robert Kaplanek and Paul Tickner to the Community Emergency Response Team for a term continuing to June 30, 2014, and appoint Elaine McDermott to fill the regular member vacancy on the Crime Prevention Committee with a term continuing to June 30, 2016 and appoint Harry McDermott to fill an alternate vacancy on the Crime Prevention Committee with a term continuing to June 30, 2014. 3.D Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 0 , 2 0 1 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 10, 2012 City of Grand Terrace Page 4 Updated 7/19/2012 11:59 AM RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Councilman SECONDER:Darcy McNaboe, Councilwoman AYES:Lee Ann Garcia, Darcy McNaboe, Bernardo Sandoval, Gene Hays ABSENT:Walt Stanckiewitz B.City Council Adoption of a Resolution to Initiate and Consent to the Reversion to Acreage of 19 Recorded Lots on 2.55 Acres Owned by the City of Grand Terrace into One Lot for Park Purposes To adopt a Resolution initiating and consenting to the Reversion to Acreage of 19 lots to one 2.55-acre lot located on the east side of Grand Terrace Road, Approximately 150 to 400 feet south of Vivienda Avenue. RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Councilman SECONDER:Darcy McNaboe, Councilwoman AYES:Lee Ann Garcia, Darcy McNaboe, Bernardo Sandoval, Gene Hays ABSENT:Walt Stanckiewitz 9.CLOSED SESSION ADJOURN A.The Next Regular City Council Meeting will be held on Tuesday, July 24, 2012, at 6:00 PM. MAYOR of the City of Grand Terrace CITY CLERK of the City of Grand Terrace 3.D Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 0 , 2 0 1 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE:July 24, 2012 Council & Successor Agency Item TITLE:Approval of Check Register No. 07-24-2012 PRESENTED BY:Bernie Simon, Finance Director RECOMMENDATION:Approve Attached Check Register, which includes the Warrant Register Account Index and Voucher Listings for FY 2011-2012 and FY 2011-2013, as Submitted BACKGROUND: The Check Register for July 24, 2012 is presented in accordance with Government Code §37202. The attached index to the warrant register is a guideline account list only and is not intended to replace the voluminous list of accounts used by the City and Successor Agency CRA. Expenditure account number formats are XX-XXX-XXX [Fund-Depart- General Account]. Expenditures may be made from trust/agency accounts (fund 23- xxx-) or temporary clearing accounts which do not have budgetary considerations. A total of $610,792.60 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. 6/28/2012 FY 11-12 Check Register $401,220.24 7/24/2012 FY 11-12 Check Register $209,572.36 Payroll costs for the period amounted to $60,102.62 and are summarized below. Some of the non-routine items include: 1905 Family Srvs Assn of Riverside CDBG Senior Services $4,824.59 68279 S.B. Comm. College Dist. CRA Stat Pass Through for 7/2011 – 1/2012 $8,833.97 68301 Roquet Paving Inc. Sod for Civic Center Disabled Access Barrier Removal Project $159.60 68302 S.B. Co. Land Use Services May-Apr 2011 Abatement Services $13,526.00 68303 School Specialty, Inc. Child Care Play Ring with Tunnel $543.80 68311 California Joint Powers FY 2012-2013 All Risk Property Insurance $4,922.00 68317 Otis Elevator Company FY 2012-2013 Elevator Maintenance Services $4,893.77 68318 Progressive Solutions FY 2012-2013 Annual Software Maintenance $9,263.76 3.E Packet Pg. 13 68320 S.B. Fire Dept./ Haz. Material Quarterly fee for Haz. Waste Services $4,133.00 Some the larger items include: 68278 S.B. Co Auditor/ Controller CRA Pass Through Due ERAF 7/2011 – 1/2012 $38,060.94 68280 Colton Joint Unified School CRA Pass Through for 7/2011 –1/2012 $133,653.50 68305 Stater Bros. Markets Quarterly fees per Economic Development Agreement, August 19, 2010 $163,125.00 68283 California Joint Powers FY 2012-2013 Liability/Workers Comp Insurance $146,298.00 Payroll costs processed for period ending July 6, 2012: Date Period Payroll and payroll costs 07/06/12 Biweekly $60,102.62 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2011-12 and FY 2012-13. ATTACHMENTS: ·FY 2011-2012 Voucher Listing ·FY 2012-2013 Voucher Listing ·Warrant Register Account Index APPROVALS: Bernie Simon Completed 07/18/2012 10:22 AM Finance Completed 07/18/2012 10:22 AM City Attorney Completed 07/19/2012 10:38 AM City Manager Completed 07/19/2012 10:57 AM City Council Pending 3.E Packet Pg. 14 07/18/2012 Voucher List CITY OF GRAND TERRACE 1 8:11:05AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 1905 7/12/2012 010424 FAMILY SRVC ASSN OF RIVERSIDE 07102012 CDBG Senior Services 22-425-305-000-000 4,824.59 Total : 4,824.59 68275 7/10/2012 005702 PUBLIC EMPLOYEES' RETIREMENT PRend6-22-12 CONTRIBUTIONS FOR PR END 6-22-12 10-022-62-00 16,171.15 Total : 16,171.15 68278 7/12/2012 006453 S.B. COUNTY AUDITOR/CONTROLLER 07112012 CRA PASSTHROUGH DUE ERAF 7/2011-1/2012 33-400-705-250-000 38,060.94 Total : 38,060.94 68279 7/12/2012 010556 S. B. COMMUNITY COLLEGE DIST.07112012 CRA STAT PASSTHROUGH FOR 7/2011 - 1/2012 33-400-705-250-000 8,833.97 Total : 8,833.97 68280 7/12/2012 001860 COLTON JOINT UNIFIED SCHOOL 07112012 CRA PASSTHROUGH FOR 7/1/2011 - 1/31/2012 33-400-706-000-000 133,653.50 Total : 133,653.50 68281 7/12/2012 011206 AUL 3121 TRUST PRend 6-22-12 APPLE Contributions for PRend 6-22-12 10-022-68-00 347.60 Total : 347.60 68286 7/17/2012 011138 SPARKLETTS 9637116 070112 June Bottled Water 10-190-238-000-000 80.62 10-450-238-000-000 2.47 10-805-238-000-000 11.45 10-440-238-000-000 57.88 Total : 152.42 68287 7/17/2012 010218 CHEVRON & TEXACO CARD SERVICES 34919572 June Vehicle Fuel 34-800-272-000-000 30.47 10-440-272-000-000 125.75 10-175-272-000-000 508.96 Total : 665.18 1Page: 3.E.a Packet Pg. 15 At t a c h m e n t : F Y 2 0 1 1 - 2 0 1 2 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 2 8:11:05AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68288 7/17/2012 010664 SHELL FLEET MANAGEMENT 8000209687207 June Vehicle Fuel 10-175-272-000-000 357.43 Total : 357.43 68289 7/17/2012 003210 DEPT 32-2500233683 1025673 Maintenance Supplies 10-195-245-000-000 13.07 Total : 13.07 68290 7/17/2012 006730 SO.CA.GAS COMPANY June 2012 June Natural Gas/CNG Fuel 10-440-238-000-000 52.56 10-190-238-000-000 32.03 10-175-272-000-000 7.80 10-440-272-000-000 2.60 34-800-272-000-000 2.60 Total : 97.59 68292 7/17/2012 006720 SO.CA.EDISON COMPANY June 2012 June Energy Usage 26-602-238-000-000 58.10 16-510-238-000-000 5,444.11 26-600-238-000-000 49.80 26-601-238-000-000 41.50 Total : 5,593.51 68293 7/17/2012 011216 JONES & MAYER 59723 MAY GENERAL LIT. CREDIT 32-200-251-000-000 -74.00 59724 Retainer May 2012 10-160-250-000-000 4,064.97 32-200-251-000-000 4,000.00 59726 May Successor Ag Admin 32-200-251-000-000 4,144.00 Total : 12,134.97 68294 7/24/2012 010693 ARROWHEAD UNITED WAY PR End 5/25-6/23/12Donations-PR Ends 5/25, 6/8, & 6/23/12 10-022-65-00 97.50 Total : 97.50 68295 7/24/2012 011017 CA. BLDG. STANDARDS COMMISSION 3rd Qtr 2011-2012 3rd Qtr Green Building Standards Fee 2Page: 3.E.a Packet Pg. 16 At t a c h m e n t : F Y 2 0 1 1 - 2 0 1 2 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 3 8:11:05AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68295 7/24/2012 (Continued)011017 CA. BLDG. STANDARDS COMMISSION 10-700-01 -11.80 23-200-23-00 118.00 4th Qtr 2011-2012 4th Qtr Green Building Standards Fee 10-700-01 -7.90 23-200-23-00 79.00 Total : 177.30 68296 7/24/2012 011031 CINTAS CORPORATION #150 150629485 C. Care Paper Goods/Supplies 10-440-228-000-000 223.07 150638329 C. Care Paper Goods/Supplies 10-440-228-000-000 223.07 Total : 446.14 68297 7/24/2012 011166 CORNERSTONE RECORDS MANAGEMENT 0187094 JUNE ARCHIVE TAPE STORAGE 10-140-250-000-000 56.65 10-380-250-000-000 56.65 Total : 113.30 68298 7/24/2012 002301 FEDEX 7-951-05932 June Document Delivery 10-172-210-000-000 23.47 Total : 23.47 68299 7/24/2012 002901 G.T. AREA CHAMBER OF COMMERCE 6808-LUNCH 2011 3rd & 4th Qtr Luncheons 10-120-270-000-000 59.00 Total : 59.00 68300 7/24/2012 005400 OFFICE DEPOT 611574111001 Office Supplies 10-120-210-000-000 39.22 611579745001 Office Supplies 10-120-210-000-000 4.97 614750845001 Office/Kitchen Supplies 10-370-210-000-000 13.47 34-800-210-000-000 31.68 10-190-220-000-000 36.82 614751014001 Kitchen Supplies 10-190-220-000-000 6.06 3Page: 3.E.a Packet Pg. 17 At t a c h m e n t : F Y 2 0 1 1 - 2 0 1 2 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 4 8:11:05AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68300 7/24/2012 (Continued)005400 OFFICE DEPOT 615568201001 Office Supplies 10-140-210-000-000 578.69 Total : 710.91 68301 7/24/2012 006335 ROQUET PAVING INC.0505-12a Disabled Access Barrier Removal Proj 22-425-301-000-000 159.60 Total : 159.60 68302 7/24/2012 006506 S.B. COUNTY LAND USE SERVICES 10-806-02 May-Apr 2011 Abatement Services 10-187-257-000-000 13,526.00 Total : 13,526.00 68303 7/24/2012 011222 SCHOOL SPECIALTY, INC.208108434170 C. CARE PLAYRING W/TUNNEL 10-440-219-000-000 543.80 Total : 543.80 68304 7/24/2012 006730 SO.CA.GAS COMPANY Apr 2011 April Natural Gas Usage 10-805-238-000-000 89.05 Aug 2011 Aug Nat Gas Usage-Sr Cntr 10-805-238-000-000 64.87 August 2010 August Natural Gas Usage 10-805-238-000-000 6.93 CR 071 741 7327 3DEPOSIT CREDIT 10-805-238-000-000 -2,404.74 Dec 2010 December Natural Gas Usage-Sr Cntr 10-805-238-000-000 261.17 Dec 2011 Dec Natural Gas Usage-Sr Cntr 10-805-238-000-000 295.70 Feb 2011 Feb/Mar Natural Gas Usage-Sr Cntr 10-805-238-000-000 332.87 Feb 2012 February Natural Gas Usage-Sr Cntr 10-805-238-000-000 161.49 Jan 2011 Jan Natural Gas Usage-Sr Cntr 10-805-238-000-000 160.47 Jan 2012 January Natural Gas Usage-Sr Cntr 10-805-238-000-000 228.70 4Page: 3.E.a Packet Pg. 18 At t a c h m e n t : F Y 2 0 1 1 - 2 0 1 2 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 5 8:11:05AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68304 7/24/2012 (Continued)006730 SO.CA.GAS COMPANY July 2010 July Natural Gas Usage 10-805-238-000-000 9.14 July 2011 Sr July Natural Gas Usage-Sr Cntr 10-805-238-000-000 56.33 Jun 2011 June Natural Gas Usage-Sr Cntr 10-805-238-000-000 69.51 June 2010 June Natural Gas Usage 10-805-238-000-000 9.13 June 2012 June Natural Gas Usage-Sr Cnt 10-805-238-000-000 70.58 Mar 2011 Mar/Apr Natural Gas-Sr Cntr 10-805-238-000-000 6.77 May 2011 May Natural Gas Usage-Sr Cntr 10-805-238-000-000 70.85 May 2012 May Natural Gas Usage-Sr Cnt 10-805-238-000-000 73.75 Nov 2011 Nov. Natural Gas Usage-Sr Center 10-805-238-000-000 162.50 November 2010 Nov. Natural Gas Usage-Sr. Cntr. 10-805-238-000-000 167.45 Oct 2011 October Nat. Gas. Usage-Sr.Center 10-805-238-000-000 66.40 October 2010 Oct Natural Gas Usage-Sr Cntr 10-805-238-000-000 14.94 Sept 2011 September Natural Gas Usage-Sr Cntr 10-805-238-000-000 57.38 September 2010 Sept Natural Gas Usage-Sr Cntr 10-805-238-000-000 9.19 Total : 40.43 68305 7/24/2012 006790 STATER BROS. MARKETS 07032012 Qtrly Fees-Econ Dev Agreement 8/19/10 37-600-324-000-000 163,125.00 Total : 163,125.00 68306 7/24/2012 007034 TRANSPORTATION ENGINEERING 1221 May Traffic Engineering Services 5Page: 3.E.a Packet Pg. 19 At t a c h m e n t : F Y 2 0 1 1 - 2 0 1 2 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 6 8:11:05AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68306 7/24/2012 (Continued)007034 TRANSPORTATION ENGINEERING 10-175-250-000-000 628.00 Total : 628.00 68307 7/24/2012 007220 UNDERGROUND SERVICE ALERT 620120289 June Dig Alert Tickets 16-900-220-000-000 45.00 Total : 45.00 68308 7/24/2012 007854 WESTERN EXTERMINATORS CO 645844 JUNE PEST CONTROL SRVS 10-195-245-000-000 134.50 10-805-245-000-000 35.50 Total : 170.00 68309 7/24/2012 007987 XEROX CORPORATION 062698625 JUNE LEASE XEROX CC265 10-190-700-000-000 291.63 10-190-212-000-000 157.24 Total : 448.87 Bank total : 401,220.24 29 Vouchers for bank code :bofa 401,220.24Total vouchers :Vouchers in this report 29 6Page: 3.E.a Packet Pg. 20 At t a c h m e n t : F Y 2 0 1 1 - 2 0 1 2 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 1 9:19:58AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68261 7/3/2012 010996 CA PUB EMPLOYEES' RET. SYSTEM 10000013240383 JulyJULY EMP/DEPENDENT HEALTH INSURANCE 10-120-142-000-000 14,584.93 Total : 14,584.93 68269 7/10/2012 011196 FIDELITY SECURITY LIFE 1318989 July JULY EMP PAID VISION INSURANCE 10-022-61-00 134.40 Total : 134.40 68270 7/10/2012 011194 AMERICAN FIDELITY ASSURANCE CO A846578 July EMP PAID ACCIDENT INDEMNITY/SUPP LIFE 23-250-20-00 781.92 Total : 781.92 68271 7/10/2012 011092 METLIFE-GROUP BENEFITS KM057367100001JulyEMP PAID JULY DENTAL INSURANCE 10-022-61-00 1,219.24 Total : 1,219.24 68272 7/10/2012 011195 AMERICAN FIDELITY ASSURANCE CO 746084A July JULY EMP PAID FLEX SPENDING 23-250-10-00 816.68 Total : 816.68 68273 7/10/2012 011199 PRUDENTIAL MUNICIPAL POOL 0000338643 July EMPLOYEE LIFE/AD&D/DEP LIFE/EAP INS. 1Page: 3.E.b Packet Pg. 21 At t a c h m e n t : F Y 2 0 1 2 - 2 0 1 3 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 2 9:19:58AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68273 7/10/2012 (Continued)011199 PRUDENTIAL MUNICIPAL POOL 10-380-142-000-000 9.09 09-440-142-000-000 98.78 10-450-142-000-000 3.50 10-625-142-000-000 4.96 16-175-142-000-000 11.83 21-175-142-000-000 6.79 21-625-142-000-000 2.12 10-120-142-000-000 21.24 10-125-142-000-000 8.79 10-140-142-000-000 25.47 10-172-142-000-000 12.15 10-175-142-000-000 12.94 10-185-142-000-000 12.33 10-370-142-000-000 25.81 32-200-142-000-000 19.38 32-370-142-000-000 9.86 Total : 285.04 68274 7/10/2012 011199 PRUDENTIAL MUNICIPAL POOL 0000338643a July EMPLYEE PAID LONG/SHORT TERM DISABILITY 10-022-66-00 943.83 Total : 943.83 68276 7/11/2012 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 7-6-12 Contributions for PRend 7/6/12 10-022-62-00 16,784.82 Total : 16,784.82 68282 7/12/2012 011206 AUL 3121 TRUST PRend 7-6-12 APPLE CONTRIBUTIONS FOR PREND 7-6-12 10-022-68-00 282.48 Total : 282.48 68283 7/16/2012 001685 CALIFORNIA JOINT POWERS PRIM00826 FY 2012-13 Liability/Work Comp Insurance 10-016-80-00 90,396.00 10-016-81-00 55,902.00 Total : 146,298.00 68284 7/16/2012 001907 COSTCO #478 0478 11 0173 8 C. CARE FOOD SUPPLIES 09-440-220-000-000 215.98 2Page: 3.E.b Packet Pg. 22 At t a c h m e n t : F Y 2 0 1 2 - 2 0 1 3 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 3 9:19:58AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 215.98 68284 7/16/2012 001907 COSTCO #478 68285 7/16/2012 006459 S.B. COUNTY CLERK OF THE BOARD 07162012 Notice of Exemption Filing Fee 10-370-210-000-000 50.00 Total : 50.00 68291 7/17/2012 001213 AT & T July 2012 July Phones & Internet Service 10-450-235-000-000 46.74 10-805-235-000-000 159.84 10-808-235-000-000 105.50 10-190-235-000-000 531.18 09-440-235-000-000 407.15 Total : 1,250.41 68310 7/24/2012 001072 ADT SECURITY SERVICES 120623897 1st Qtr Senior Center Security 10-805-245-000-000 160.83 Total : 160.83 68311 7/24/2012 001685 CALIFORNIA JOINT POWERS 95000 FY 2012-13 All Risk Property Insurance 10-190-260-000-000 4,922.00 Total : 4,922.00 68312 7/24/2012 001740 CDW GOVERNMENT INC M689635 EVGA GEFORCE FT 630 PCIE-Video Card 10-172-246-000-000 105.58 Total : 105.58 68313 7/24/2012 010867 CHAMPION FIRE SYSTEMS INC 25965 1st Qtr City Hall Fire Alarm Monitoring 10-195-246-000-000 144.00 Total : 144.00 68314 7/24/2012 001950 DATA QUICK B1-2053654 August Subscription Services 10-370-250-000-000 65.25 10-380-250-000-000 65.25 Total : 130.50 68315 7/24/2012 010632 HIGH TECH SECURITY SYSTEMS 100626 July Security Camera Monitoring 10-195-247-000-000 20.00 10-450-246-000-000 60.00 3Page: 3.E.b Packet Pg. 23 At t a c h m e n t : F Y 2 0 1 2 - 2 0 1 3 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 4 9:19:58AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68315 7/24/2012 (Continued)010632 HIGH TECH SECURITY SYSTEMS 100988 August Security Camera Monitoring 10-450-246-000-000 60.00 10-195-247-000-000 20.00 Total : 160.00 68316 7/24/2012 010611 MCNABOE, DARCY July 2012 July Health Ins Reimbursement-McNaboe 10-110-142-000-000 317.00 Total : 317.00 68317 7/24/2012 005450 OTIS ELEVATOR COMPANY SAU06425V712 FY 12-13 Elevator Maintenance Services 10-195-246-000-000 4,893.77 Total : 4,893.77 68318 7/24/2012 010657 PROGRESSIVE SOLUTIONS 36420 FY2012-13 Annual Software Maintenance 10-140-246-000-000 4,480.65 10-187-246-000-000 4,783.11 Total : 9,263.76 68319 7/24/2012 005688 PROTECTION ONE 1st Qtr-2588440 1st Qtr Alarm Monitoring-City Hall 10-195-247-000-000 104.01 1st Qtr-3020955 1st Qtr Alarm Monitoring-Building & 10-195-247-000-000 110.52 1st Qtr-31891344 1st Qtr Alarm Monitoring-Maintenance 10-195-247-000-000 133.70 Total : 348.23 68320 7/24/2012 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT113CC 1st Qtr Haz Waste Services 10-187-258-000-000 4,133.00 Total : 4,133.00 68321 7/24/2012 006898 SYSCO FOOD SERVICES OF L.A.207031446 9 C.Care Food & Snacks 09-440-220-000-000 733.98 207110943 9 C.Care Food & Snacks 09-440-220-000-000 611.98 Total : 1,345.96 4Page: 3.E.b Packet Pg. 24 At t a c h m e n t : F Y 2 0 1 2 - 2 0 1 3 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 07/18/2012 Voucher List CITY OF GRAND TERRACE 5 9:19:58AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount Bank total : 209,572.36 25 Vouchers for bank code :bofa 209,572.36Total vouchers :Vouchers in this report 25 5Page: 3.E.b Packet Pg. 25 At t a c h m e n t : F Y 2 0 1 2 - 2 0 1 3 V o u c h e r L i s t i n g ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) 3.E.c Packet Pg. 26 At t a c h m e n t : W a r r a n t R e g i s t e r A c c o u n t I n d e x ( 1 1 1 1 : C h e c k R e g i s t e r N o . 0 7 - 2 4 - 2 0 1 2 ) AGENDA REPORT MEETING DATE:July 24, 2012 Council Item TITLE:Protest Hearing for Placement of Special Assessment Liens for Delinquent Utility Accounts And Adoption of a Resolution Authorizing the Special Assessment. PRESENTED BY:Richard Shields, Director of Building & Safety/Public Works RECOMMENDATION:1.Confirm delinquent charges for sewer waste and refuse collection; 2.Adopt Resolution No. 2012-__, rescinding Resolution No. 2012-31, Sewer Assessments and Resolution No. 2012- 32, Refuse Assessments and Authorize a Special Assessment for sewer waste collection and refuse collection against the parcels listed in Exhibit "A" attached to the proposed Resolution; 3.Waive sewer waste penalties for the 2011-2012 assessment year. BACKGROUND: On June 26, 2012 the City Council conducted a public hearing and adopted two Resolutions, No. 2012-31 and 2012-32. The resolutions that were adopted approved special assessments against delinquent refuse and sewer waste accounts which were to be recorded with the San Bernardino County Auditor Controller and placed on the property tax roll. DISCUSSION: Letters were mailed out in June notifying the owners of properties who have delinquent refuse and sewer accounts had a public hearing date of July 26, 2012 rather than June 26, 2012. This was an error on Staff’s part and not Burrtec Waste Industries, (Burrtec). The adopted resolutions at this meeting need to be rescinded so new resolutions can be adopted with the correct information. This year is the first year Burrtec and City Staff have worked together to place liens on delinquent sewer accounts. Burrtec sends out one invoice bi-monthly for residential and monthly for multifamily to customers that include both trash and sewer service fees. Prior to preparing the June 26th staff reports, Staff contacted Burrtec who reported only delinquent refuse accounts and no delinquent sewer accounts. On June 26, 2012, Staff reported to the City Council that there were no delinquent sewer fees to report at the meeting other than the delinquent commercial accounts that were reported by Riverside Highland Water Company. The day after the June 26th meeting, Burrtec notified the 6.A Packet Pg. 27 City that there were delinquent sewer fees on the list of delinquent accounts. Burrtec assigns one account to each resident that includes both trash and sewer fees, therefore, there were no separate delinquent sewer accounts. This information coupled with the incorrect date of the public hearing is the reason why the resolutions adopted at the June 26th meeting need to be rescinded and a new public hearing conducted with new resolutions adopted. After in-depth review of the Municipal Code, Staff noticed that there are two different sections in the Municipal Code relating to penalties on delinquent accounts. Apparently these code sections were not caught as inconsistent in the past because delinquent assessments have not been placed on sewer accounts. Due to the discrepancy in the Municipal Code and the limited time Burrtec and Staff has to provide a list of delinquent accounts to the County, Staff is requesting that the penalties the City place on the accounts be waived for this delinquent filling period. New letters notifying all the delinquent property owners accounts have been mailed out with the correct date, July 24, 2012 for the public hearing. Staff is recommending that the resolutions adopted at the June 26, 2012 meeting for refuse collection and sewer collection assessments be rescinded and a new Public Hearing be conducted to adopt Resolution No. 2012-__, placing a Special Assessments on delinquent accounts as listed in Exhibits “A” attached. FISCAL IMPACT: The City will receive some revenue through the franchise fee and sewer fees when delinquent accounts are paid through the County of San Bernardino property tax process. When assessment are collected by the County Recorder’s Office, the County Recorder’s Office will then provide the due payment to the City of Grand Terrace. The City will then deduct the franchise fee and sewer fee portion of the collected assessment amount and remit the net proceeds to Burrtec. ATTACHMENTS: ·7.24.12 Resolution 2012- ·Exhibit _A_ -REFUSE AND SEWER USER FEE DELINQUENT LIST ·Lien List -07-12 ·EXHIBIT APPROVALS: Richard Shields Completed 07/16/2012 7:31 AM Finance Completed 07/16/2012 8:36 AM City Attorney Completed 07/16/2012 10:14 AM City Manager Completed 07/16/2012 11:54 AM City Council Pending 6.A Packet Pg. 28 RESOLUTION NO.2012-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RESCINDING IN ITS ENTIRETY RESOLUTION NO’S.2012-31,AND 2012-32,AND ADOPTING A REPORT OF DELIQUENT REFUSE AND SEWER USER FEES AND DIRECTING THAT SUCH DELIQUENT FEES BE PLACED ON THE COUNTY TAX ROLL AND BE COLLECTED AS AN ASSESMENT UPON THE PROPERTIES WITHIN THE CITY OF GRAND TERRACE, LISTED IN EXHIBIT “A” ATTACHED WHEREAS, pursuant to Section 5.42.120,of the City of Grand Terrace Municipal Code, every person required to arrange for refuse collection or the collection of recyclable or compostable or shall be liable for the service access fees and charges for such collection, whether or not collection services are utilized; and, WHEREAS,pursuant to Section 13.08.050, of the City of Grand Terrace Municipal Code, every person required to arrange for sewer service shall be responsible for the payment thereof; and WHEREAS,the owner,occupant or other person responsible for the day-to-day operation of the premises shall make arrangements for the collection of fees for refuse and sewer services according to the Municipal Code. If service fees and charges are not paid as required,the owner and occupant each shall be jointly and severally liable for those payments. The City may collect the fees and charges plus any interest or penalties on the property tax roll for the property; and WHEREAS, pursuant to Section 5471 of the California Health and Safety Code the City Council of the City of Grand Terrace did fix reasonable refuse and sewer user fees; and, WHEREAS,pursuant to Section 5473 of the California Health and Safety Code the City of Grand Terrace has elected to have delinquent refuse and sewer user fees of more than six months for fiscal year 2011-2012 collected on the County tax roll, in the same manner, by the same persons and the same time as together with and not separately from,the general taxes, and has caused a written report (“Written Report”) to be prepared and filed with the City Clerk containing a description of each such parcel or real property and the amount of delinquent refuse and sewer user fees, for each said fiscal years; and WHEREAS,the City Council has adopted Ordinance 112,relating to the establishment of fees and service charges: and Page 1 6.A.a Packet Pg. 29 At t a c h m e n t : 7 . 2 4 . 1 2 R e s o l u t i o n 2 0 1 2 - ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t L i e n s f o r D e l i n q u e n t U t i l i t y A c c o u n t s ) WHEREAS,the City Council has elected to abstain from imposing and collecting additional penalties for this year’s sewer delinquent charges due to a conflict in the Municipal Code that will be corrected in the future. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Delinquent Refuse and Sewer User Lists,(Exhibit “A” attached), filed with the City Clerk contains a description of each parcel of real property and the amount of the delinquent refuse service fees and sewer service fees , are approved and adopted for fiscal year 2011-2012. Section 2.The Delinquent Refuse and Sewer User fees shall be forwarded to the San Bernardino County Auditor Controller and shall be collected on the County tax roll for fiscal year 2011-2012,in the same manner, by the same person, at the same time, together with and not separately from, the general taxes. Section 3. The Finance Director shall file with the Auditor Controller a copy of the Delinquent Refuse and Sewer User List, with a statement endorsing the signature of the City Clerk that the list has been fully adopted by the City Council, together with a certified copy of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day of July, 2012 ATTTEST: ________________________________________________________ City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace I, TRACEY MARTINEZ, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2012- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace on the 24th day of July, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Page 2 6.A.a Packet Pg. 30 At t a c h m e n t : 7 . 2 4 . 1 2 R e s o l u t i o n 2 0 1 2 - ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t L i e n s f o r D e l i n q u e n t U t i l i t y A c c o u n t s ) ___________________ City Clerk Approved As To FORM: ___________________ City Attorney Page 3 6.A.a Packet Pg. 31 At t a c h m e n t : 7 . 2 4 . 1 2 R e s o l u t i o n 2 0 1 2 - ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t L i e n s f o r D e l i n q u e n t U t i l i t y A c c o u n t s ) EXHIBIT “A” REFUSE AND SEWER USER FEE DELINQUENT LIST STREET_NO STREET_NAME REFUSE SEWER ADMIN AMOUNT PARCEL_NO 12000 LA CADENA 215.82 35.00 250.82 0275 083 31 0000 22342 GRAND TERRACE 243.52 35.00 278.52 0275 181 15 0000 21910 VIVIENDA 327.99 87.00 35.00 449.99 0275 211 58 0000 21899 VIVIENDA 361.98 135.00 35.00 531.98 0275 223 49 0000 11973 LA CROSSE 23.58 26.00 35.00 84.58 0275 232 10 0000 22270 MCCLARREN 134.71 35.00 169.71 0275 241 29 0000 22272 MCCLARREN 34.29 35.00 69.29 0275 241 29 0000 22195 MCCLARREN 135.00 35.00 170.00 0275 242 17 0000 11809 CANAL 45.72 54.00 35.00 134.72 0275 251 77 0000 22176 CARHART 361.98 135.00 35.00 531.98 0275 271 08 0000 11939 VIVIENDA 45.72 54.00 35.00 134.72 0275 271 10 0000 22225 CARHART 45.72 54.00 35.00 134.72 0275 273 06 0000 11850 BURNS 46.44 53.00 35.00 134.44 0275 282 16 0000 11870 BURNS 361.98 135.00 35.00 531.98 0275 282 17 0000 11951 MOUNT VERNON 536.55 135.00 35.00 706.55 0276 181 10 0000 12043 MOUNT VERNON 45.72 54.00 35.00 134.72 0276 182 05 0000 22664 MINONA 91.29 108.00 35.00 234.29 0276 191 12 0000 22664 MINONA 19.40 22.00 35.00 76.40 0276 191 12 0000 22583 MIRIAM 45.72 54.00 35.00 134.72 0276 193 02 0000 12043 PRESTON 91.44 108.00 35.00 234.44 0276 213 16 0000 6.A.b Packet Pg. 32 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 12033 PRESTON 361.98 135.00 35.00 531.98 0276 213 17 0000 23010 MERLE 227.34 135.00 35.00 397.34 0276 213 33 0000 22808 MIRIAM 111.98 135.00 35.00 281.98 0276 222 02 0000 22859 MIRIAM 361.98 135.00 35.00 531.98 0276 234 04 0000 22820 MINONA 135.00 35.00 170.00 0276 242 05 0000 22808 MINONA 261.98 135.00 35.00 431.98 0276 242 06 0000 22738 FAIRBURN 135.00 35.00 170.00 0276 245 07 0000 23106 GLENDORA 45.72 54.00 35.00 134.72 0276 251 11 0000 23144 TWIN CANYON 45.72 54.00 35.00 134.72 0276 251 16 0000 11822 ARLISS 79.66 92.00 35.00 206.66 0276 262 07 0000 22626 ARLISS 91.44 108.00 35.00 234.44 0276 263 10 0000 22706 ARLISS 361.98 135.00 35.00 531.98 0276 271 02 0000 22678 ARLISS 45.72 54.00 35.00 134.72 0276 271 10 0000 22594 ETON 358.82 135.00 35.00 528.82 0276 282 01 0000 11755 HOLLY 33.90 35.00 68.90 0276 282 05 0000 11755 HOLLY 135.00 35.00 170.00 0276 282 05 0000 11809 KINGSTON 346.62 135.00 35.00 516.62 0276 283 04 0000 11797 HOLLY 88.98 108.00 35.00 231.98 0276 284 08 0000 11773 HOLLY 54.00 35.00 89.00 0276 284 10 0000 11875 MOUNT VERNON 288.79 135.00 35.00 458.79 0276 285 03 0000 11732 HOLLY 45.72 54.00 35.00 134.72 0276 285 15 0000 22670 BRENTWOOD 361.98 135.00 35.00 531.98 0276 291 04 0000 22648 BRENTWOOD 361.98 135.00 35.00 531.98 0276 291 06 0000 22697 BRENTWOOD 0276 292 12 0000 6.A.b Packet Pg. 33 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 135.60 108.00 35.00 278.60 22690 ETON 162.32 35.00 197.32 0276 292 14 0000 12055 HONEY HILL 569.31 135.00 35.00 739.31 0276 322 06 0000 23269 PALM 135.00 35.00 170.00 0276 331 41 0000 22864 ARLISS 393.87 135.00 35.00 563.87 0276 343 23 0000 11734 ETON 54.00 35.00 89.00 0276 344 03 0000 22845 ARLISS 38.14 35.00 73.14 0276 345 01 0000 11856 PRESTON 361.98 135.00 35.00 531.98 0276 346 05 0000 23248 BARTON 45.72 54.00 35.00 134.72 0276 371 24 0000 23023 VISTA GRANDE 110.00 35.00 145.00 0276 431 06 0000 23115 VISTA GRANDE 361.98 135.00 35.00 531.98 0276 431 07 0000 22775 VISTA GRANDE 261.98 135.00 35.00 431.98 0276 451 02 0000 22878 GRAND TERRACE 135.00 35.00 170.00 0276 451 14 0000 22825 VISTA GRANDE 224.82 35.00 259.82 0276 451 30 0000 23285 WESTWOOD 161.98 135.00 35.00 331.98 0276 482 01 0000 23046 PEACOCK 361.98 135.00 35.00 531.98 0276 531 20 0000 23033 MERLE 29.34 33.00 35.00 97.34 0276 531 37 0000 21582 MAIN 87.71 35.00 122.71 1167 111 06 0000 22007 RENE 361.98 135.00 35.00 531.98 1167 161 07 0000 12270 MICHIGAN 361.98 135.00 35.00 531.98 1167 161 23 0000 22054 DE BERRY 361.98 135.00 35.00 531.98 1167 161 27 0000 22065 DE BERRY 161.98 135.00 35.00 331.98 1167 171 05 0000 22081 DE BERRY 361.98 135.00 35.00 531.98 1167 171 06 0000 12510 MICHIGAN 83.94 75.00 35.00 193.94 1167 191 04 0000 6.A.b Packet Pg. 34 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 12660 MICHIGAN 45.72 54.00 35.00 134.72 1167 201 08 0000 12650 GARDEN 118.25 135.00 35.00 288.25 1167 201 23 0000 12640 GARDEN 88.98 108.00 35.00 231.98 1167 201 24 0000 21983 TANAGER 45.72 54.00 35.00 134.72 1167 211 18 0000 22035 TANAGER 226.66 135.00 35.00 396.66 1167 211 44 0000 22032 TANAGER 23.76 27.00 35.00 85.76 1167 211 51 0000 12215 MICHIGAN 361.98 135.00 35.00 531.98 1167 241 02 0000 12238 STONEWOOD 135.00 35.00 170.00 1167 241 17 0000 22245 DE SOTO 46.44 53.00 35.00 134.44 1167 241 35 0000 22260 DE BERRY 137.16 135.00 35.00 307.16 1167 241 45 0000 12252 REED 45.72 54.00 35.00 134.72 1167 241 49 0000 12232 REED 486.38 135.00 35.00 656.38 1167 241 51 0000 12345 MICHIGAN 46.44 53.00 35.00 134.44 1167 251 08 0000 22152 MAVIS 91.44 108.00 35.00 234.44 1167 251 11 0000 22275 MAVIS 361.98 135.00 35.00 531.98 1167 251 22 0000 12354 PASCAL 45.72 54.00 35.00 134.72 1167 251 30 0000 22240 FULMAR 80.16 92.00 35.00 207.16 1167 251 33 0000 12338 VIVIENDA 361.98 135.00 35.00 531.98 1167 251 64 0000 22159 MAVIS 23.28 26.00 35.00 84.28 1167 261 07 0000 12454 VIVIENDA 361.98 135.00 35.00 531.98 1167 261 12 0000 22122 VAN BUREN 54.00 35.00 89.00 1167 261 20 0000 12451 VIVIENDA 88.98 108.00 35.00 231.98 1167 261 26 0000 12424 CARDINAL 102.30 120.00 35.00 257.30 1167 261 35 0000 12434 PASCAL 1167 261 60 0000 6.A.b Packet Pg. 35 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 45.94 53.00 35.00 133.94 12434 PALIKA 23.44 26.00 35.00 84.44 1167 261 69 0000 12471 PALIKA 23.50 27.00 35.00 85.50 1167 261 73 0000 22268 VAN BUREN 85.02 98.00 35.00 218.02 1167 261 80 0000 12587 MICHIGAN 117.44 135.00 35.00 287.44 1167 271 12 0000 22157 LARK 25.24 28.00 35.00 88.24 1167 271 20 0000 12556 REED 45.72 54.00 35.00 134.72 1167 271 31 0000 12522 PASCAL 161.98 135.00 35.00 331.98 1167 271 37 0000 22208 LARK 54.00 35.00 89.00 1167 271 42 0000 22209 LARK 135.00 35.00 170.00 1167 271 43 0000 22245 LARK 152.34 135.00 35.00 322.34 1167 271 47 0000 22255 LARK 44.02 51.00 35.00 130.02 1167 271 48 0000 22254 LARK 75.34 87.00 35.00 197.34 1167 271 49 0000 22255 DOVE 135.00 35.00 170.00 1167 281 06 0000 22275 DOVE 67.02 78.00 35.00 180.02 1167 281 08 0000 22274 DOVE 91.44 108.00 35.00 234.44 1167 281 16 0000 12632 THOMAS 40.30 47.00 35.00 122.30 1167 281 39 0000 12811 VIVIENDA 45.72 54.00 35.00 134.72 1167 291 14 0000 22139 TANAGER 268.56 135.00 35.00 438.56 1167 291 17 0000 12746 FREMONTIA 119.48 43.00 35.00 197.48 1167 291 50 0000 12746 FREMONTIA 65.51 75.00 35.00 175.51 1167 291 50 0000 22200 MAIN 194.66 135.00 35.00 364.66 1167 301 01 0000 12880 FREMONTIA 45.72 54.00 35.00 134.72 1167 301 04 0000 22233 LADERA 361.98 135.00 35.00 531.98 1167 301 24 0000 6.A.b Packet Pg. 36 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 22245 LADERA 160.02 135.00 35.00 330.02 1167 301 36 0000 22285 LADERA 240.79 135.00 35.00 410.79 1167 301 40 0000 22295 LADERA 45.72 54.00 35.00 134.72 1167 301 41 0000 22111 LADERA 54.00 35.00 89.00 1167 301 43 0000 12871 VIVIENDA 294.66 135.00 35.00 464.66 1167 301 50 0000 22151 RAVEN 361.98 135.00 35.00 531.98 1167 301 69 0000 12862 VIVIENDA 137.05 135.00 35.00 307.05 1167 301 73 0000 22110 LADERA 91.44 108.00 35.00 234.44 1167 301 77 0000 12168 MOUNT VERNON 135.00 35.00 170.00 1167 311 13 0000 12168 MOUNT VERNON 135.00 35.00 170.00 1167 311 23 0000 12168 MOUNT VERNON 16.00 17.00 35.00 68.00 1167 311 44 0000 12168 MOUNT VERNON 54.00 35.00 89.00 1167 311 63 0000 12244 MIRADO 227.34 135.00 35.00 397.34 1167 321 19 0000 22396 DE SOTO 492.91 135.00 35.00 662.91 1167 321 21 0000 22458 DE SOTO 346.50 135.00 35.00 516.50 1167 321 27 0000 12420 MOUNT VERNON 50.00 58.00 35.00 143.00 1167 321 30 0000 12420 MOUNT VERNON 54.00 35.00 89.00 1167 321 31 0000 12168 MOUNT VERNON 135.00 35.00 170.00 1167 321 33 0000 12168 MOUNT VERNON 135.00 35.00 170.00 1167 321 38 0000 12420 MOUNT VERNON 54.00 35.00 89.00 1167 321 38 0000 12168 MOUNT VERNON 135.00 35.00 170.00 1167 321 39 0000 22364 BLUE LUPINE 135.00 35.00 170.00 1167 322 12 0000 22365 BLUE LUPINE 227.34 135.00 35.00 397.34 1167 322 15 0000 22356 BLUE LUPINE 1167 322 24 0000 6.A.b Packet Pg. 37 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 177.05 27.00 35.00 239.05 22352 BLUE LUPINE 135.00 35.00 170.00 1167 322 26 0000 22350 BLUE LUPINE 147.83 135.00 35.00 317.83 1167 322 27 0000 22323 BLUE LUPINE 18.78 21.00 35.00 74.78 1167 322 45 0000 22320 BLUE LUPINE 67.32 35.00 102.32 1167 322 53 0000 12385 WILLET 161.98 135.00 35.00 331.98 1167 331 23 0000 12420 MOUNT VERNON 135.00 35.00 170.00 1167 331 38 0000 22394 VAN BUREN 41.76 48.00 35.00 124.76 1167 341 02 0000 12442 WILLET 45.72 54.00 35.00 134.72 1167 341 27 0000 12405 WILLET 295.98 135.00 35.00 465.98 1167 341 29 0000 12420 MOUNT VERNON 135.00 35.00 170.00 1167 342 22 0000 12420 MOUNT VERNON 135.00 35.00 170.00 1167 342 22 0000 12420 MOUNT VERNON 54.00 35.00 89.00 1167 342 38 0000 12580 MIRADO 261.98 135.00 35.00 431.98 1167 351 17 0000 22432 KENTFIELD 361.98 135.00 35.00 531.98 1167 351 28 0000 22472 PICO 127.34 135.00 35.00 297.34 1167 361 02 0000 22442 PICO 361.98 135.00 35.00 531.98 1167 361 04 0000 12649 REED 45.72 54.00 35.00 134.72 1167 361 42 0000 12625 REED 134.64 35.00 169.64 1167 361 45 0000 12625 REED 409.42 135.00 35.00 579.42 1167 361 45 0000 12615 REED 52.60 61.00 35.00 148.60 1167 361 46 0000 22381 PICO 111.98 135.00 35.00 281.98 1167 371 24 0000 22370 FLAMINGO 37.96 43.00 35.00 115.96 1167 371 28 0000 22359 FLAMINGO 361.98 135.00 35.00 531.98 1167 371 48 0000 6.A.b Packet Pg. 38 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 22360 TANAGER 36.34 42.00 35.00 113.34 1167 371 59 0000 12823 DARWIN 61.46 72.00 35.00 168.46 1167 381 12 0000 22391 LADERA 482.11 135.00 35.00 652.11 1167 381 30 0000 22361 LADERA 361.98 135.00 35.00 531.98 1167 381 33 0000 22709 PALM 108.00 35.00 143.00 1178 011 25 0000 22709 PALM 135.00 35.00 170.00 1178 011 26 0000 12176 COUNTRY CLUB 80.92 100.00 35.00 215.92 1178 021 07 0000 22789 PALM 50.00 58.00 35.00 143.00 1178 022 05 0000 22673 PALM 135.00 35.00 170.00 1178 022 60 0000 22673 PALM 135.00 35.00 170.00 1178 022 60 0000 22661 PALM 135.00 35.00 170.00 1178 022 76 0000 22538 LA PAIX 56.30 65.00 35.00 156.30 1178 031 10 0000 22577 DE SOTO 162.54 135.00 35.00 332.54 1178 031 29 0000 22548 DE BERRY 361.98 135.00 35.00 531.98 1178 031 35 0000 12232 KINGSTON 286.99 135.00 35.00 456.99 1178 041 18 0000 22730 LA PAIX 135.00 35.00 170.00 1178 041 21 0000 12263 DOS RIOS 91.44 108.00 35.00 234.44 1178 041 47 0000 22854 DE SOTO 23.86 26.00 35.00 84.86 1178 041 63 0000 22862 LA PAIX 39.44 45.00 35.00 119.44 1178 041 78 0000 22784 FINCH 45.72 54.00 35.00 134.72 1178 091 20 0000 22574 VAN BUREN 227.34 135.00 35.00 397.34 1178 101 04 0000 22537 THRUSH 46.00 54.00 35.00 135.00 1178 101 24 0000 22610 THRUSH 45.72 54.00 35.00 134.72 1178 101 31 0000 22609 CARDINAL 1178 101 42 0000 6.A.b Packet Pg. 39 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 359.30 135.00 35.00 529.30 12428 WARBLER 82.08 95.00 35.00 212.08 1178 101 54 0000 22558 CARDINAL 82.62 96.00 35.00 213.62 1178 101 58 0000 22626 CARDINAL 294.66 135.00 35.00 464.66 1178 101 64 0000 22638 CARDINAL 43.16 49.00 35.00 127.16 1178 101 65 0000 22690 CARDINAL 53.08 61.00 35.00 149.08 1178 101 70 0000 12443 ORIOLE 45.54 52.00 35.00 132.54 1178 101 72 0000 22735 CARDINAL 73.08 84.00 35.00 192.08 1178 111 05 0000 22725 BLUEBIRD 41.40 47.00 35.00 123.40 1178 111 34 0000 22720 CARDINAL 45.72 54.00 35.00 134.72 1178 111 38 0000 22790 VAN BUREN 711.12 135.00 35.00 881.12 1178 111 48 0000 22820 BLUEBIRD 88.00 102.00 35.00 225.00 1178 111 59 0000 22830 CARDINAL 262.21 135.00 35.00 432.21 1178 111 71 0000 22990 FINCH 108.00 35.00 143.00 1178 121 04 0000 22585 VAN BUREN 337.05 135.00 35.00 507.05 1178 151 02 0000 22540 KENTFIELD 92.28 108.00 35.00 235.28 1178 151 07 0000 22585 KENTFIELD 135.00 35.00 170.00 1178 151 14 0000 22539 KENTFIELD 211.98 135.00 35.00 381.98 1178 151 18 0000 12512 WARBLER 211.98 135.00 35.00 381.98 1178 151 23 0000 22606 KENTFIELD 88.98 108.00 35.00 231.98 1178 151 51 0000 22755 VAN BUREN 45.72 54.00 35.00 134.72 1178 161 12 0000 22730 LARK 361.98 135.00 35.00 531.98 1178 161 35 0000 12535 CRANE 361.98 135.00 35.00 531.98 1178 161 68 0000 12650 WARBLER 31.26 35.00 35.00 101.26 1178 171 05 0000 6.A.b Packet Pg. 40 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 22535 FRANKLIN 361.98 135.00 35.00 531.98 1178 171 07 0000 22534 PICO 160.02 135.00 35.00 330.02 1178 171 15 0000 12635 FRANKLIN 160.02 135.00 35.00 330.02 1178 171 33 0000 12640 EAGLE 15.16 17.00 35.00 67.16 1178 171 44 0000 12629 EAGLE 151.59 135.00 35.00 321.59 1178 171 48 0000 12676 ORIOLE 45.72 54.00 35.00 134.72 1178 171 51 0000 22615 FRANKLIN 45.94 53.00 35.00 133.94 1178 171 58 0000 22606 PICO 461.70 135.00 35.00 631.70 1178 171 60 0000 12625 PRUITT 361.98 135.00 35.00 531.98 1178 181 27 0000 12720 WILMAC 137.16 135.00 35.00 307.16 1178 201 07 0000 12791 WILMAC 321.33 135.00 35.00 491.33 1178 201 14 0000 12751 WILMAC 32.39 37.00 35.00 104.39 1178 201 17 0000 22635 TANAGER 361.98 135.00 35.00 531.98 1178 201 32 0000 22668 TANAGER 46.44 53.00 35.00 134.44 1178 201 40 0000 22626 FLAMINGO 67.98 79.00 35.00 181.98 1178 201 60 0000 22557 RAVEN 45.72 54.00 35.00 134.72 1178 221 18 0000 22585 ROBIN 54.00 35.00 89.00 1178 221 31 0000 22600 ROBIN 294.66 135.00 35.00 464.66 1178 221 35 0000 22633 RAVEN 135.00 35.00 170.00 1178 221 53 0000 22622 ROBIN 46.16 53.00 35.00 134.16 1178 221 54 0000 22651 ROBIN 46.44 53.00 35.00 134.44 1178 221 65 0000 22554 MAIN 44.98 52.00 35.00 131.98 1178 221 71 0000 22760 ROBIN 36.82 42.00 35.00 113.82 1178 231 14 0000 22730 RAVEN 1178 231 41 0000 6.A.b Packet Pg. 41 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t 136.55 135.00 35.00 306.55 22673-C Palm Avenue 53.36 53.36 1178 022 64 0000 22813 Barton Road 59.00 59.00 0276 202 16 0000 22610 Van Buren Street 44.26 44.26 1178 101 07 0000 22605 La Paix Street 42.49 42.49 1178 031 61 0000 63,109.73 6.A.b Packet Pg. 42 At t a c h m e n t : E x h i b i t _ A _ - R E F U S E A N D S E W E R U S E R F E E D E L I N Q U E N T L I S T ( 1 1 0 4 : P r o t e s t H e a r i n g f o r P l a c e m e n t o f S p e c i a l A s s e s m e n t AGENDA REPORT MEETING DATE:July 24, 2012 Council & Successor Agency Item TITLE:Fiscal Year 2012-13 Budget Update, Approval of Recommended Budget Adjustments and Approve Budget Directive PRESENTED BY:Betsy Adams, City Manager RECOMMENDATION:Receive updated information on the Fiscal Year (FY) 2012- 13 budget since its adoption on June 26, 2012, approve recommended budget adjustments #1, #2 and #3 along with budget directive #1. BACKGROUND: When the City Council adopted the Fiscal Year (FY) 2012-13 budget on June 26, 2012, it was with the realization that the budget would likely need to be amended as a result of significant redevelopment legislation, Assembly Bill (AB) 1484, a budget trailer bill whose language was not available until 10:45 pm on June 25. In adopting the budget, Council took the additional action of directing the City Manager to implement a spending freeze until more was know about the possible impacts of AB 1484, which was sign by the Governor on June 27 and became effective immediately thereafter. DISCUSSION: The focus of this first update for the FY 2012-13 budget will primarily be the General Fund, especially with regard to budget adjustments. GENERAL FUND Since the adoption of the FY 2012-13 budget, the City has received information which require General Fund three budget adjustments summarized below: Sheriff’s Contract When the San Bernardino County Board of Supervisors adopted the 2012-13 County budget, $1.1 million was included to offset the first six months of the increase in indirect charges included in the city contracts for Sheriff services. For Grand Terrace, this results in a $15,698 reduction in the Countywide Cost Allocation Plan (COWCAP) charge. The Council has the option of returning this amount to fund balance for the General Fund. With the opening of the new high school, staff recommends moving these funds to the law enforcement overtime budget in the event that there are unanticipated calls for service related to the new school. Budget Adjustment #1: Transfer $15,698 in COWCAP savings (Account No. 10-410- 255) to law enforcement overtime budget (Account No. 10-410-250). 2011 Homeland Security Grant Program 7.A Packet Pg. 43 On July 5, 2012, the City received notification that it had been awarded $13,724 in 2011 Homeland Security Grant Program (HSGP) funds. The City had applied for $22,000 in HSGP funds on September 8, 2011 to update to the City’s Emergency Operations Plan (EOP) in conjunction with a countywide EOP update. The application was submitted with the intent of using the County’s consultant to update the City’s EOP. Since it was not certain if the City would receive these grant funds, or the full amount requested,staff has been developing the EOP update. Staff is now working with the County to apply the grant funds toward staff time in lieu of a consultant. These funds are considered revenue to the General Fund. Staff recommends that City accept the 2011 HSGP funds which will revise the FY 2012-13 General Fund budget as shown below: FY 2012-13 General Fund Adopted Budget Beginning Unassigned Fund Balance Revenues Expenditures Ending Unassigned Fund Balance 656,264 3,554,486 -3,399,792 810,958 will be revised to: FY 2012-13 General Fund Revised Budget –Revision #1 Beginning Unassigned Fund Balance Revenues Expenditures Ending Unassigned Fund Balance 656,264 3,568,210 -3,399,792 824,682 Budget Adjustment #2: Accept 2011 HSGP funds of $13,724 as additional General Fund revenue (Account No. 10-300-23). Residual Receipts On July 10, 2012, the City received preliminary notification via e-mail from the Department of Finance (DoF) that residual receipts would be allowed as an affordable housing enforceable obligation. On July 12, 2012, the City received the attached letter from the DoF which was sent to all successor agencies. Of particular concern in this letter is the following: “Any and all revised ROPS submitted to Finance for previous ROPS periods are hereby rejected. Requests to reconsider denied or disputed ROPS items will be addressed in our January through June 2013 ROPS review.” This statement coupled with the following language added by AB 1484 to Section 34178(a) of the Health & Safety Code has caused staff to reconsider including residual receipts in the General Fund’s revenue in FY 2012-13: “A successor agency or an oversight board shall not exercise the powers granted by this subdivision to restore funding for an enforceable obligation that was deleted or reduced by the Department of Finance pursuant to subdivision (h) of Section 34179 unless it reflects the decisions made during the meet and confer process with the Department of Finance or pursuant to a court order.” Considering the above two statements, it appears that the City may not learn the fate of 7.A Packet Pg. 44 the residual receipts revenue until the DoF completes its review of ROPS3 (January 1 through June 30, 2013)by approximately October 15, 2012. The City needs to make assumptions with regard to the residual receipts revenue to the General Fund in order to close out FY 2011-12 and begin FY 2012-13. Since the residual receipts payment was made prior to the ROPS1 period for FY 2011-12,the full $300,000 payment will be retained in the General Fund budget for that fiscal year. This will allow the City to proceed into FY 2012-13 with the $656,264 beginning fund balance for the General Fund that was presented when the budget was adopted on June 26, 2012. If the DoF were to ultimately deny the residual receipts agreement as an enforceable obligation, the General Fund could have to return $125,000 of residual receipts revenue (for the 5 months in FY 2011-12 after the Supreme Court’s decision upholding the dissolution of redevelopment agencies) to the Low-Moderate Income Housing Fund (LMIHF). This action, if needed, would be reflected in the FY 2012-13 budget. The official DoF decision on residual receipts is needed in order to determine if the $300,000 in residual receipts revenue to the General Fund should be included in the FY 2012-13 budget. If the DoF allows it as an affordable housing obligation, the budget transfer from the LMIHF to the General Fund would be made. With the uncertainly surrounding the residual receipts revenue for the current and prior fiscal years, staff recommends that it be removed from the General Fund’s revenues for FY 2012-13. By making the adjustment, the General Fund budget would be revised as shown below: FY 2012-13 General Fund Revised Budget –Revision #2 Beginning Unassigned Fund Balance Revenues Expenditures Ending Unassigned Fund Balance 656,264 3,268,210 -3,399,792 524,682 Budget Adjustment #3: Remove the FY 2012-13 residual receipts revenue of $300,000 until the DoF makes a determination on its status (Account No. 10-800-20). While residual receipts is being removed from the General Fund’s revenues, the City will continue to show the residual receipts payment in the ROPS for FY 2012-13 (ROPS2 and ROPS3). If the City ultimately receives a favorable decision by the DoF then residual receipts would be added to the General Fund’s revenue at that point in time. In the event that the City receives an unfavorable decision by the DoF on residual receipts, the City Manager is preparing a plan to reduce expenditures by at least $131,582 so that General Fund’s expenditures do not exceed its revenues in FY 2012- 13. This plan will likely include further outsourcing of City services along with not filling one or more vacancies to be created by employee retirements occurring over the next two months. The schedule in AB 1484 provides for the DoF to make its determination on ROPS3 by October 15, 2012 (or 45 days after the electronic submission of ROPS3 if it is prior to the September 1, 2012 deadline). With the removal of the residual receipts revenue for FY 2012-13, along with a plan to further reduce General Fund expenditures being developed, the spending freeze enacted by the Council on June 26, 2012 should be lifted.General Fund and 7.A Packet Pg. 45 Successor Agency expenditures will continue to be closely monitored by staff. Budget Directive #1: End the spending freeze implemented with the adoption of the FY 2012-13 budget on June 26, 2012. SUCCESSOR AGENCY AB 1484 requires those involved with the dissolution of redevelopment to learn and implement significant new rules and requirements. In addition, AB 1484 increased reporting requirements for the Successor Agency,shortened the time available for ROPS preparation and local approval, and implemented penalties for failure to meet prescribed deadlines and requirements. AB 1484 also significantly modifies the treatment of affordable housing assets;establishes processes for unencumbered Low- Moderate Income Housing Fund (LMIHF) and Successor Agency fund balance to be transferred to the County Auditor-Controller for allocation to the taxing entities; and requires the Successor Agency to develop a “long range asset management plan” for the disposition of assets and properties. There are no budget adjustments recommended for the Successor Agency at this point in time. Depending on the outcome of the DoF’s review of ROPS3, and the methodology and timing to be defined by the DoF for the allocation of LMIHF and Successor Agency fund balances to the taxing entities, budget adjustments for the Successor Agency may be required later in FY 2012-13. FISCAL IMPACT: Council approval of the budget adjustments contained in the first budget update for FY 2012-13 are summarized below: Budget Adjustment #1: Transfer $15,698 in COWCAP savings (Account No. 10-410- 255) to Sheriff overtime budget (Account No. 10-410-250). Budget Adjustment #2: Accept 2011 HSGP funds of $13,724 as additional General Fund revenue (Account No. 10-300-23). Budget Adjustment #3: Remove the FY 2012-13 residual receipts revenue of $300,000 until the DoF makes a determination on its status (Account No. 10-800-20). The net impact of these adjustments is that the General Fund’s revenues are decreased by $286,276. ATTACHMENTS: ·Revised ROPS and Appeals Letter issued on 7 12 12 APPROVALS: Betsy Adams Completed 07/16/2012 5:52 PM Finance Completed 07/16/2012 6:05 PM City Attorney Completed 07/17/2012 11:34 AM 7.A Packet Pg. 46 City Manager Completed 07/17/2012 12:13 PM City Council Pending 7.A Packet Pg. 47 7. A . a Pa c k e t P g . 4 8 Attachment: Revised ROPS and Appeals Letter issued on 7 12 12 (1100 : FY 2012-13 Budget Update) AGENDA REPORT MEETING DATE:July 24, 2012 Council Item TITLE:Approval of the 2012 Facility Use Policy and a Facility Use Agreement for Use of the Basketball Courts at Pico Park PRESENTED BY:Joyce Powers, Community and Economic Development Director RECOMMENDATION:1. Approve the Facility Use Policy dated July 24, 2012. 2. Approve the Facility Use Agreement between the City and the Grand Terrace Youth Basketball League and authorize the City Manager to sign the Agreement. BACKGROUND: On June 26, 2012, staff presented a draft Facility Use Policy to the Council for review and discussion. The purpose of the Policy is to update staff procedures and rules for use of the City's parks and building facilities. The draft Policy includes a template annual Facility Use Agreement, which would be modified for each sports league and frequent user, and outline any additional responsibilities specific to the particular use. In the June 26, 2012 Agenda Report, staff initially recommended that fees for use of field lighting no longer be discounted by 50% as they have been in recent years. DISCUSSION: During the June 26th meeting, several residents spoke to the Council articulating concerns about new or increased fees. The Council directed that the new Policy provide for one additional year of discounted lighting fees, through August 31, 2013, and on September 1, 2013, the field lighting fees would be required in full. This notation has been added to the Fee Schedule (page 16) of the Policy. Other discussion included whether non-profit groups would be charged for use of meeting facilities, who previously had not been. Chapter 4.96 of the Grand Terrace Municipal Code includes a fee exemption for non-profit groups meeting during business hours. Because the fees are established to recover City costs, staff recommends that there be no charge as long as a City facility is still occupied and no staffing is necessary to open and/or close the facility. This also has been noted in the Fee Schedule and will be included within Facility Use Agreements for groups meeting this criteria. Standing meetings that have occurred for long periods prior to this policy and may now be outside normal business hours, will be permitted to continue under a Facility Use Agreement which provides for the particular group's exemptions. The Basketball League also raised a question about the per player fee of $5.00 and the hourly lighting fee because maintenance of the basketball courts and the court lighting is much more minimal than for the soccer and baseball fields. Staff was able to locate a 2002 staff report and policy setting the basketball per player fee at $3.00 and the 7.B Packet Pg. 49 lighting fee at $2.00 per hour ($1.00 at the 50% discounted rate). These fees have also been incorporated into the attached 2012 Policy on page 16. One last item raised by residents was the insurance requirements for use of the facilities for a group of residents holding a discussion. Staff responded that an opinion from the City's insurance provider had been sought and believes there is very little risk to the City for a meeting of 15 persons or less just receiving and discussing information. This exemption has also been added to the Policy on page 6, section 3, Insurance. The revised 2012 Facility Use Policy is attached to this report for Council review and approval. Since the June 26, 2012 meeting, staff has contacted the sports leagues and other regular users of city facilities to discuss any policy questions and review individual Facility Use Agreements. An Agreement (Attachment No. 2) between the City and the Grand Terrace Youth Basketball League has been completed and signed by the Board President. Staff anticipates presenting additional Facility Use Agreements for Council review and approval during August 2012, with the term for all agreements beginning September 1, 2012, and ending August 31, 2013. FISCAL IMPACT: Other than staff time, there is no cost for preparing the Policy and Agreement. Subsequent user fees collected will be in accordance with the Facility Use Policy and will be used to off-set costs of maintenance and electrical power. There is no negative effect on the approved 2012-2013 General Fund budget by discounting the lighting fees by 50% for an additional year because the budget was based on historical receipts. However, the remaining actual cost for lighting is paid by the General Fund. In Fiscal Year 2013-14, the fees collected may double. ATTACHMENTS: ·Facility Use Policy Dated July 24, 2012 ·Facility Use Agreement with Grand Terrace Youth Basketball League APPROVALS: Joyce Powers Completed 07/12/2012 5:00 PM Finance Completed 07/14/2012 4:13 PM City Attorney Completed 07/16/2012 11:32 AM Community & Economic Development Completed 07/16/2012 11:48 AM City Manager Completed 07/16/2012 11:58 AM City Council Pending 7.B Packet Pg. 50 City of Grand Terrace Facility Use Policy Park, Sports Fields, and Facility Policies, Procedures and Regulations July 24, 2012 7.B.a Packet Pg. 51 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20122 TABLE OF CONTENTS General Information Statement of Policy 3 Facilities Available 4 Category Descriptions & Priority System 5 Reservation Policies and Procedures Conditions for Approval 6 Fees and Charges 8 Cancellations 9 Revoked or Denied Applications 9 Kitchen Use 9 Rules and Regulations Basic Rules 10 Pico Park Baseball Fields/Basketball Courts 12 Rollins Park Multi Purpose/Soccer Field 13 Community Room 14 Senior Center 14 Public Park Policies 15 Fee Schedule Facilities Rental Fees 16 Exhibit “A”: Facility Use Application ………………………………………………………17 Exhibit “B”: Facility Use Agreement………………………………………………...............18 7.B.a Packet Pg. 52 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20123 GENERAL INFORMATION Statement of Policy City of Grand Terrace staff coordinates the use of all City parks and athletic and building facilities available to organizations and the general public for cultural, social, and recreational activities and programs. The City attempts to accommodate all requests for use of City facilities with the limited space available. The continued increase in demand for use of facilities makes it necessary to emphasize sharing in the use of facilities. This policy is to provide clarification in facility polices regarding regulations, procedures, fees, and priority systems. These policies and procedures are designed to facilitate the safe, efficient and equitable use of City facilities. The City works to ensure that the programs and facilities offered meet the needs of the community and that access to them is as economically feasible as possible. Fees, when charged, are used to offset public expenses and to operate, maintain, supervise, and administer the use of the park and City facilities. The City is responsible for the initiation, review, and recommendation of plans for the acquisition and improvement of parklands and facilities and to recommend program improvements or additions when necessary. The City takes into consideration present and future needs of the community and recommends plans to meet those needs. When making recommendations, the City considers the needs of the entire community without bias towards special interest groups. With the approval of the City Council, the statements, rules and regulations, which follow, constitute the policy of the City regarding the use of the facilities under the jurisdiction of the City of Grand Terrace. It shall be the responsibility of the City Manager or his/her authorized representative to grant use of the facilities to individuals or groups according to the terms and conditions set forth in this policy. 7.B.a Packet Pg. 53 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20124 Facilities Available All facilities are available during normal operating hours. Any use during non-operating hours requires special approval of the City and the availability of supervisory personnel. An additional charge for staffing facilities after hours will be applied. Staffing and Facilities may not be available due to other city obligations. Building Facilities Normal Operating Hours Amenities Civic Center Community Room(s), 22795 Barton Road 7:30 am to 5:30 pm, Monday through Thursday, Sat. 9:00 am to 5:00 pm Meeting/multi-purpose rooms Restrooms Grand Terrace Senior Center 22627 Grand Terrace Road Mon –Fri 8:00 am to 5:00 pm (Senior groups only) Dining room Meeting rooms Kitchen Restrooms Athletic Facilities Normal Operating Hours Amenities Pico Park 21950 Pico Street 7:00 am to dusk 1 lighted and 1 unlighted baseball field, Basketball 2 full courts Playground Snack bar Restrooms Rollins Park 22735 De Berry Street 7:00 am to dusk Soccer field Multi purpose field Restrooms Park Facilities Size Picnic Tables Play Area BBQ’s Rest Rooms Amenities Pico Park 21950 Pico Street 7:00 am to dusk 7.5 acres 6 Yes Yes Yes Baseball field Basketball court Snack bar Rollins Park 22735 DeBerry Street 7:00 am to dusk 5.4 acres 4 Yes Yes Yes Multi purpose field Walking track Snack bar Petta Park 22627 Grand Terrace Road 2.6 acres Yes Yes Yes Chess tables Mosaic art Sitting benches Walking trail Karger Park 22484 De Berry Street .12 acre Yes Yes Yes Mosaic art Sitting benches 7.B.a Packet Pg. 54 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20125 Category Descriptions and Priority System Rental of facility space is available per the following priority system: Priority Order Category 1 ·City functions 2 ·Public schools with joint use agreement 3 ·Non-Profit Organizations ·Open Membership Recreation Group /Government Agencies ·Local community service clubs 4 ·Special charity 5 ·Residential –private party 6 ·Commercial usage (any type) 7.B.a Packet Pg. 55 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20126 RESERVATION POLICIES AND PROCEDURES A.Conditions for Approval An application for permission to use the facilities must be submitted by all organizations and individuals for all uses. Applicants must make an appointment in advance to schedule a tour of facility. Applicants must be present for entire event. Applicants may be required to provide the following verification. ·Individuals: Proof of residency ·Organizations/Groups: Proof of 51% member residency or business (for groups)in Grand Terrace through membership roster (including names and home/business addresses) ·Non-profit status, if applicable Groups may obtain applications for use of facilities at City Hall, first floor, 22795 Barton Road, between the hours of 8 a.m. –5:30 p.m., Monday through Thursday, or on the City’s website, www.cityofgrandterrace.org/e-services. An application to use facilities shall be made in writing on the form provided. An application must contain all the information requested. 1.Facility Supervision The Applicant shall be present at all times while City facilities are being used and shall have full access to all activities at any time in order to ensure that all rules, regulations, and City and state laws are being observed. To utilize any facility outside normal hours,the Applicant must determine if staff is available and groups will be charged for staff time. In the event that extra personnel are required to be on duty during certain functions, the rental group will be required to pay all costs. The number of staff required will be at the discretion of the City. Some factors that may warrant extra staff are as follows: ·Events with more than 100 in attendance ·Events needing technical assistance ·Events where excessive cleanup will be required ·Events held other than normal operating hours, including holidays 2.Liability The City is not responsible for accidents, injury, or loss of personal property. The individual or organization granted use of the facility will be held responsible for any injury, loss, or damage resulting from such use. 3.Insurance Insurance is required for any group using City facilities when an admission, donation, charge, or gift is collected. Insurance shall be as follows: 7.B.a Packet Pg. 56 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20127 USER shall procure and maintain, at its own cost, comprehensive general liability insurance from an acceptable insurance provider in an amount not less than One Million Dollars ($1,000,000) per occurrence which shall be determined to be acceptable by the CITY ATTORNEY covering USER against all claims for injuries against persons or damage to property resulting from USER’s actions in the performance of USER’s obligations under this Agreement. This requirement shall not apply for meetings only involving discussion and verbal presentations, with an attendance of 15 persons or less, and no fees, charges, gifts or donations are collected. A certificate evidencing that the USER has procured the above-referenced required insurance and that the insurance names the CITY, its officers, officials, employees, agents and volunteers as an additional insured shall be delivered to and approved by the CITY prior to the execution of the agreement and the commencement of services. Such insurance shall be primary to and not contributing with any other insurance maintained by the CITY. Insurance must cover all contractors. The CITY must receive insurance certificate and endorsement five business days prior to the rental use. 4.Fund-raising Prior approval of the City must be obtained prior to the sale of goods or services. Any groups selling food items must also follow San Bernardino County Health Department regulations. Groups may be charged a fee for use of facility. All California laws must be complied with in regards to the conducting of any raffle, drawing,or other games of chance. City approval of the application for use of City facility shall not be deemed an approval of any raffle, drawing, or other games of chance. 5.Advertising/Sales No commercial advertising shall be exhibited, and no solicitation or sales shall be made in the building or on the grounds without prior approval. If approved, a City business license will be required. 6.Security Requirements Any group wishing to host a function may be required to provide security services at the discretion of the City. 7.Advance Reservation Reservations for use of facilities may be made up to six months in advance and no less than three days in advance. Reservations shall be made on a first-come, first-serve basis. Reservations are not confirmed until copy of the contract is signed and returned with approval and fees paid. 7.B.a Packet Pg. 57 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20128 School superintendent or his/her designee must approve all school functions. 8.Authority to Waive or Change The City Council or City Manager may make an exception to any of the facility use rules and regulations, including rental rates, based on special circumstances. B.Fees and Charges 1.Payment of Fees/Deposits Rental deposits will be paid upon approval of facility use. Rental fee balances will be due within 20 days of approval or applicant may forfeit use of facility. Checks should be made payable to the City of Grand Terrace. All groups renting within 20 calendar days of events may be required to pay full fees and deposits at time of booking with either cash or a money order. 2.Rates Applicants shall be charged for use of facilities, including all required deposits, according to the established fee schedule in effect at the time of approval (see attached schedule). To qualify for resident rate, groups must be 51% residency. 3.Additional Fees or Deposits In addition to the base rate for use of facilities, additional fees shall be assessed as follows: ·Any use outside of the regular days and hours of operation for staff and additional costs ·Use athletic field lights 4.Cleaning/Damage Deposit The applicant shall be responsible for the condition of the facility used. In cases where property has been damaged or abused, the cost of repair or replacement will be charged to the applicant by withholding deposit fees. Any additional charges over the deposits must be paid within five working days. Failure to do so may result in suspended usage and steps taken to collect fees. Any usage beyond agreement will be deducted from deposits. Processing of the refundable portion of the cleaning and damage fees will not be initiated until all cleaning costs have been determined. 7.B.a Packet Pg. 58 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-20129 C.Cancellations/No Shows 1.In the event that a reservation is to be cancelled by the applicant, the City must be notified 20 calendar days prior to the reservation. ·No fee will be charged for cancellations with more than 2 business days notice. ·Cancellations with less than two days notice and all no-show reservations will be charged a $25 cancellation fee and any staff time. In the case of a non-paying applicant or organization, no shows will be charged for any staff cost incurred by the City. Excessive cancellations or no shows may result in further penalties up to and including denial of future facility use. D.Revoked or Denied Applications 1.Reservations for groups meeting on a recurring basis may be cancelled in favor of programs sponsored or conducted by the City at any time. The City will make every effort to provide ample notice. If an accidental conflict in scheduling reservations occurs or an urgent City need arises requiring the use of the facility, every attempt will be made to relocate the permitee. 2.An application may be revoked/or denied at any time under any of the following circumstances: ·If the application is found to contain false or misleading information ·Should an individual or group, member or guest, willfully or through gross negligence or improper use mistreat the equipment or facilities or violate any of the regulations established for use of the facilities E.Kitchen/Kitchenette Use Conditions ·Kitchen facilities are available at the Senior Center only. Kitchen shall not be opened for any group unless specific written approval is granted, and the kitchen rental fees are paid. ·Groups requesting use of facilities for a catered meal must secure their own caterer. All caterers must provide proof of a City business license, County Health Permit and insurance per City policies. ·The applicant shall be responsible for any damage to kitchen and dining equipment caused by caterers or other persons. ·Groups using the kitchen shall furnish dishes, silverware, cooking utensils,all paper products, towels, soap, etc. ·It shall be the applicant’s responsibility to leave the kitchen entirely clean. 7.B.a Packet Pg. 59 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201210 RULES AND REGULATIONS Basic Rules In order for the activities and facilities to be enjoyed by everyone, the following basic rules of good conduct must be observed at all City facilities: 1.All persons or organizations using a facility must abide by all municipal, state, and federal laws and regulations. 2.Responsible adults, 21 years or older, must be present at all times when groups of minors are using the facilities. Security may be required. 3.Unruly behavior such as, but not limited to,shouting, running, quarreling, fighting, and profane language are prohibited and subject to removal from facility. Possession of or use of alcohol or drugs is prohibited. Betting and/or other forms of gambling shall not be allowed. 4.Skateboards, scooters, rollerblades, and bikes are not allowed in facilities. 5.No materials shall be attached to curtains, walls, ceiling or doors without prior approval. Groups using the facilities for dancing shall not use any wax or other preparation on the floors. 6.The serving of red-based punch is strictly prohibited on carpeted areas. 7.Decorations are subject to staff approval. Fireproof decorations must be used. No group may hammer, tape, stick or staple anything to floors, walls, or ceilings. Decorations may only be placed as designated by a City representative. All set-up and take-down of decorations are the responsibility of the renter. 8.The use of rice, birdseed, confetti,or the like, or candles is strictly prohibited. 9.Supplies or equipment such as tables, chairs, dishes, silverware, cooking utensils, etc. shall not be removed from the facility to which assigned. 10.Persons in attendance shall restrict their activities to those facilities or portions thereof, which their application entitles them. 11.The City shall not approve the following events for outdoor use: motorized sporting events, aircraft and ballooning events, pyrotechnical uses, concerts with over 500 attendees, mechanical amusement devices, animal shows (including dog shows), equestrian events, carnivals, circuses, boxing, car shows, swap meets, flea markets and religious events that are a regular recurring use by a single congregation or religious group, etc. 7.B.a Packet Pg. 60 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201211 12.The City will not be held responsible for loss, damage, or theft of any equipment or personal articles owned, leased, or rented by people using the facilities or left behind at the conclusion of their event. 13.The user may not store any equipment in the facility prior to or after the approved period of use, except as specifically provided under a Facility Use Agreement. 14.Upon conclusion of their activities, groups must leave the facilities in the same condition as found including the disposal of excessive trash. Such condition is to be determined by the City. 15.City staff will control all heating, air conditioning, lighting, sound, public address system, and any other electrical or mechanical system(s) in the building. Applicant only shall make requests to the City staff for any adjustments. 16.City staff reserves the right to monitor and maintain volume control of any amplified items. 17.Pets or other animals are not permitted in the Civic Center or Senior Center except for service animals with prior approval. 18.No alcoholic beverages as defined in the Municipal Code shall be served or consumed at a City facility (GTMC 9.04.030). 19.There will be “No Smoking” at all facilities. 20.Only authorized City vehicles may drive off paved roads and parking lots. 21.Exceptions to any of the terms and conditions of this policy must have the approval of the City Manager. 7.B.a Packet Pg. 61 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201212 Pico Park Baseball Fields/Basketball Courts Use of Facility Pico Park is located at 21950 Pico Street. This facility is normally open every day from 7:00 a.m. to dusk. This facility is available with approval of a Facility Use Agreement (Exhibit “B”).If a group is approved for rental outside the normal operating hours, they may be required to pay City staff costs. The Facility Use Agreement shall specify the duties and responsibilities of the user and the City. No individual or group may alter the courts or fields in any manner without the written permission of the City Manager or his/her designee.Any unauthorized modifications will be removed/corrected at the expense of the individual or group making such unauthorized modifications. The grass areas shall not be used by the leagues between December 20 of each year through the last day of February the following year to allow for maintenance and recovery. Keys for the City-owned snack bar must be signed out by City staff to League Board officers or any other non-profit group authorized by the City to use the snack bar. Under no circumstances shall any person change the locks to City-owned facilities. Facility Use Agreements shall be effective for one year, and will not be renewed until all prior year fees have been paid in full. 7.B.a Packet Pg. 62 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201213 Rollins Park Multi Purpose/Soccer Field Use of the Facility Rollins Park is located at 22735 DeBerry Street. This facility is normally open every day from 7:00 a.m. to dusk. This facility is available with approval of a Facility Use Agreement (Exhibit “A”). If a group is approved for rental outside the normal operating hours, they may be required to pay City staff costs. The Facility Use Agreement shall specify the duties and responsibilities of the user and the City. No individual or group may alter the courts or fields in any manner without the written permission of the City Manager or his/her designee. Any unauthorized modifications will be removed/corrected at the expense of the individual or group making such unauthorized modifications. The grass areas shall not be used by the leagues between December 20 of each year through the last day of February the following year to allow for maintenance and recovery. Keys for the City-owned snack bar must be signed out by City staff to League Board officers or any other non-profit group authorized by the City to use the snack bar. Under no circumstances shall any person change the locks to City-owned facilities. Facility Use Agreements shall be effective for one year, and will not be renewed until all prior year fees have been paid in full. 7.B.a Packet Pg. 63 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201214 City Hall Community Room Facility Schedule The Grand Terrace City Hall Community Room is located at 22795 Barton Road. This facility is normally open Monday through Thursday from 7:30 a.m. to 5:30 p.m. The facility is available during non-operating hours with approval of the City and the availability of supervisory personnel. If a group is approved for rental outside the normal operating hours, they will be required to pay City staff costs. Grand Terrace Senior Center Facility Schedule The Grand Terrace Senior Center is located at 22627 Grand Terrace Road. This facility is normally open Monday through Friday, 8:00 a.m. to 5:00 p.m., The Senior Center is not available Monday through Friday from 8:00 a.m. to 5:00 p.m. to any groups except senior citizen groups. The facilities are available during non-operating hours with special approval of the City and the availability of supervisory personnel.If a group is approved for rental outside the normal operating hours of the Center, they will be required to pay a facility use fee and staff costs. Senior groups are not required to pay fees if no staffing is requested. 7.B.a Packet Pg. 64 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201215 Public Parks Policies Facility Schedule Grand Terrace parks and playgrounds shall be open for use by the public only within the hours set forth as follows: Rollins Park 7:00 a.m. to Dusk Pico Park 7:00 a.m. to Dusk Petta Park 7:00 a.m. to Dusk Karger Park 6:00 a.m. to 10:00 p.m. Use of park picnic shelter for one day shall require an approved reservation. No Facility Use Agreement or proof of insurance is required. Park Policies and Procedures ·Loud speakers and amplification are not allowed per the City of Grand Terrace Municipal Code. ·There are no bounce or jumper houses allowed at any of the park facilities. ·Parks are for the public use; therefore, the areas therein cannot be partitioned off for private use. ·Limited electrical outlets are available. ·Private barbecues are permitted but must be used with extreme caution. ·Permits are not confirmed until all fees are paid. Special Event Permits For special events such as Community Day, Movies in the Park, Holiday Events, etc., which are open to the entire community, proof of insurance shall be provided by the sponsoring organization. A Facility Use Agreement shall be required unless otherwise determined by the City Manager or his/her designee, based upon City co-sponsorship of the event. ·Permittee may be required to pay for one or more staff members to be present during the event. ·Permittee may be required to obtain and maintain during the permit period general liability and property damage insurance in amounts required by the City of Grand Terrace named as additional insured. ·Permittee shall pay the City prior to the event a deposit in an amount set by the City of Grand Terrace to insure reimbursement to the City for all costs incurred as a result of the event. ·Permittee shall not sublease any functions of the event to any other individual, organization, vendor or concessionaire without specific approval of the City. 7.B.a Packet Pg. 65 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201216 FEE SCHEDULE Facilities Rental Fees Any person, group or organization desiring to use the facilities of the City shall pay rates as set forth below, these rates are set for hourly rental.Fees shall be periodically reviewed and, if necessary, recommended for revision by the City Council. Community Room or Senior Center Grand Terrace Residents $30.00 per hour Non Grand Terrace Residents $40.00 per hour Non-profits during business hours No Charge. $150.00 Returnable deposit, as long as there are no damages, decorations, set ups or trash left behind. $10.00 Registration Fee Picnic Shelters Grand Terrace Residents -$10.00 per hour, minimum 4 hour rental Non Grand Terrace Residents $15.00 per hour, minimum 4 hour rental All park applications/permits require the following: $10.00 Registration fee $50.00 Returnable deposit, as long as there are no damages, decorations, or trash left behind. Separate payments for registration and deposit are required. Method of payments accepted, cash or check. Court and Field Rental $15.00 per hour for private use Soccer and Little League: $5 per player per agreement year Basketball: $3 per player per agreement year Minimum 2 hours rental Due at the end of agreement term. Due at the end of the agreement term. Basketball Court Lighting $2.00 per hour *Due at the end of the agreement term. Field Lighting $16.00 per hour *June –September; Due at the end of the agreement term. $10.00 per hour *October –May. Due at the end of the agreement term. *Lighting Fees will be discounted by 50% through August 31, 2013. Beginning September 1, 2013, the above rates will apply. 7.B.a Packet Pg. 66 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Exhibit A CITY OF GRAND TERRACE FACILITIES RESERVATION REQUEST Date of Application: Facility: Name of Organization: Address: Name of Applicant: Address: Phone: Proposed Use: Dates Requested: Times: Estimated Attendance: Open to Public: Yes No RESERVATION/USE FEE: $ PARK REGISTRATION FEE: $10.00 REFUNDABLE DEPOSIT: $ NO CHARGE: APPLICANT STATEMENT The undersigned hereby affirms that he/she is an authorized representative of the above named organization and agrees to be responsible for: (1) any damage sustained to the City of School facility or appurtenances thereof; occurring through the occupancy of said facility by said organization; (2) conformance to all the rules and regulations of the City of Grand Terrace and Colton Joint Unified School District Board of Education governing the use of school facilities; and (3) prompt payment of all invoices for services. CANCELLATION POLICY Cancellation due to weather conditions will warrant a 100% refund, all other cancellations less than 48 hours will be charged a $25.00 check processing charge. INSURANCE REQUIREMENTS The applicant will be required to provide indemnification and insurance in accordance with the Facility Use Agreement. Applicant’s Signature: ******************************************************************************************************************************************************************* CITY OFFICE USE ONLY This is to confirm that (Person) with the following organization: has reserved the use of: Facility:Date/Time of use: Fee: $ Approved By: Date: 18 7.B.a Packet Pg. 67 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Exhibit B CITY OF GRAND TERRACE Facility Use Agreement It is desire of the City of Grand Terrace (“City”) that all patrons who periodically use a City building, room, land, park, area, or other City property (the “Facility”) are able to enjoy the Facility. This agreement has been set in place to achieve that goal. The person signing this agreement and the organization on whose behalf the Facility rental is being made (collectively the “Renter”) are responsible for compliance with this agreement. All Renters are required to read and sign the Facility Use Agreement as part of the rental. Please read carefully, fill out Facility, Renter, and event sections, initial at the bottom of each page, and sign in the signature page at the end of this document. 1.FACILITY INFORMATION Name of Facility _________________________________________________________ Address/Area/Location of Facility ____________________________________________ _______________________________________________________________________ 2.RENTER INFORMATION Contact name_________________________________________________________ Tel.: Home __________________Work ____________________ Organization _________________________________________________________ Address, City, State, Zip _________________________________________________ 3.EVENT INFORMATION Description of event ____________________________________________________ Date(s) of event _________________Estimated attendance ____________ Start time (incl. set up) _______ End time (incl. clean up)_______ For sports season, list hours and days of use _________________________________ Open to the public?Yes No Will minors be present?Yes No Admission fee charged?Yes No Will there be music?Yes No Will food be served?Yes No Will food be sold?Yes No 4.CONDITIONS OF USE A.RESERVATIONS 1.Renters desirous of a Facility should make reservations well in advance of the intended date of use because demand for facilities is high and dates fill quickly. 2.A Facility is not considered rented until (1) Renter delivers to the City the Facility Use Agreement, rental fee, deposit, certificate of insurance, written evidence of permits 19 7.B.a Packet Pg. 68 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201220 and licenses, and any other items deemed necessary by the City; and (2) the City, in its sole discretion, approves such rental in writing. 3.A person who is at least eighteen (18) years of age must sign this agreement. 4.Renter shall provide the City Manager or his/her designee with a single contact who is to serve as the representative for Renter’s activities. 5.Renter shall be responsible for securing all required permits and licenses. 6.The facility shall be used for the purpose stated in this agreement and no other use will be permitted. 7.Renter shall not use the City’s name to suggest endorsement or sponsorship of the event without prior written approval of the City Manager or his/her designee. Renter’s publicity of the event shall clearly and accurately identify the name of the sponsoring organization or individual. 8.Renter shall permit any City officers, employees, or agents to visit the event described in this agreement. 9.Under no circumstances shall Renter sublease or allow any other organization or individual to use the Facility for the period for which Renter has contracted. Renter is an independent contractor and not the agent or employee of the City. B.FEES 1.The City may require a rental fee and/or a deposit from Renter. Fees charged shall be in accordance with the City’s Facility Use Policy. All fees due from a prior year(s) shall be paid in full before a new Facility Use Agreement will be approved by the Renter Applicant. C.INDEMNIFICATION AND INSURANCE 1.Renter shall indemnify, defend, and hold harmless, its officers, employees,and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Renter’s use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of City, its officers, employees, or agents. 2.Renter shall procure and maintain general liability insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Renter’s use or occupancy of City’s facilities and adjoining property in the amount of $1,000,000 (one million dollars) per occurrence. Such insurance shall name the City of Grand Terrace, its officers, employees, and agents as additional insureds prior to the rental date of the Facility. Renter shall file certificates of such insurance with the City, which shall be endorsed to provide thirty (30) days notice to the City of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, the City may deny access to the Facility. 7.B.a Packet Pg. 69 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201221 3.Renter shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with Renter’s use or occupancy of the City’s facilities and adjoining property to the City Manager or his/her designee, in writing and as soon as practicable. 4.Renter waives any right of recovery against the City, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond the their control. Renter shall not charge results of “acts of God” to the City, its officers, employees, or agents. 5.Renter waives any right of recovery against the City, its officers, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with Renter’s use or occupancy of the Facility and adjoining property, even if the City, its officers, employees, or agents seek recovery against Renter. D.SECURITY 1.The City, at its sole discretion, may require a certain number of security officers for the event. Renter shall be responsible for procuring and paying for security officers through the City or a private security agency. 2.Renter is solely responsible for supervising all individuals at the Facility and adjoining property during the event. The City is not responsible for providing this supervision. However, the City may evict individuals from the Facility during the event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way. E.SET UP / CLEAN UP 1.Renter, caterers, bands, transportation of rental equipment, and related individuals and activities will not be permitted access to the Facility prior to or after the reserved event time period. Renter shall be responsible for arranging access during the time requested for entry and exit of the Facility. 2.Renter shall not drive or permit to be driven nails, hooks, tacks, screws, poles, stakes or other forms of fasteners into any part of the Facility and shall not make or allow to be made any alterations of any kind therein. Renter shall not bring landscaping materials, including soil and decomposed granite onto a park facility without the prior written permission of the City Manager or his/her designee. 3.Renter shall be responsible for all clean up of the Facility, including adjacent grounds, at the end of the rental. Renter shall pick up, bag, and remove all trash generated by all activity in any way connected with its use of the Facility, leaving the Facility clean and free of all trash and litter. Renter shall also leave all fixtures, if any, in good working condition. 4.Renter shall not store any equipment or materials at the Facility or adjoining property without the prior written approval of the City Manager or his/her designee. 5.Renter shall be responsible for any and all damage to the Facility and/or its contents during use. In the event damage occurs or excessive cleaning is necessary, Renter 7.B.a Packet Pg. 70 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201222 shall be charged for any and all janitorial, park maintenance and/or repair fees incurred by the City as a result. F.EQUIPMENT / ACCESSORIES 1.Renter shall not remove, relocate, or take City property outside of the Facility for any reason without the prior written approval of the City Manager or his/her designee. 2.Renter shall not use City equipment, tools, or furnishings located in or about the Facility without the prior written approval of the City Manager or his/her designee. 3.Renter shall not drive motorized vehicles on field or green space. 4.Renter shall not use privately owned tools and equipment at the facility except as provided herein. 5.Renter shall not under any circumstances modify the Facility without written authorization from the City Manager or his/her designee. 6.The City does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. Renter, at its own cost, may bring these systems into the Facility for their use. 7.This Agreement does not authorize the use of temporary or portable field lighting. The use of temporary field lighting requires a more in-depth review of the safety, illumination capacity, and operation of the equipment. G. MAINTENANCE RESPONSIBILITES AND FEES 1. Exhibit “A” to this Agreement identifies additional maintenance responsibilities of the Renter and organization the Renter represents, and responsibilities of the City. Any deviation must be approved in writing by the City Manager of his/her designee before such deviation commences. H.MISCELLANEOUS 1.Renter shall comply with all local, state, and federal laws and regulations related to the use of the Facility. 2.Renter shall not admit a larger number of individuals than can lawfully, safely, and freely move about the Facility. 3.Gambling of any kind is not permitted at the Facility. 4.Alcohol consumption is not permitted at the Facility. 5.Smoking is not permitted at the Facility. 6.No animals are permitted at the Facility, with the exception of service animals, including guide dogs. 7.If Renter violates any part of this agreement or reports false information to the City, the City may refuse Renter further use of the Facility and Renter shall forfeit a portion of or all of the rental fee and/or the deposit. 7.B.a Packet Pg. 71 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Facility Use Policy-201223 8.The City shall document any misuse of the Facility by Renter in writing and submit to Renter within three business days of confirmation of the misuse. Such misuse may result in cancellation of Facility use by the Renter and the organization represented by Renter. 9.The City may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. 10.Any person aggrieved by the City’s decision with respect to this agreement may appeal to the City Manager or his/her designee in writing no later than five (5) days after the City’s decision has been communicated to the aggrieved party. 11.If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Emergency Procedures 1.In the event of an emergency, Renter is required to call the City of Grand Terrace on- call maintenance services at 1-800-426-6689, enter pager #6205, and leave a call back number. All required repairs shall be completed by the City of Grand Terrace and are not to be made by Renter. I am an authorized agent of the organization submitting this agreement. The information provided in this Agreement is true and correct. I have read and understand this Agreement and the Facility Use Policy and agree to all of the rules, regulations, and conditions of use. Signature ________________________________________ Print name _______________________________________ Organization _____________________________________ Address _________________________________________ Telephone: Home ___________Work____________ *********************************************************************************************************** CITY USE ONLY: Rental fee _________Deposit ________ Total paid _________ Approved by : Title: Date: 7.B.a Packet Pg. 72 At t a c h m e n t : F a c i l i t y U s e P o l i c y D a t e d J u l y 2 4 , 2 0 1 2 ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) CITY OF GRAND TERRACE Facility Use Agreement It is the City of Grand Terrace's desire that all patrons who periodically use a City building, room, auditorium, gymnasium, field, area, or other City property (the "Facility") are able to enjoy the Facility. This agreement has been set in place to achieve that goal. The person signing this agreement and the organization on whose behalf the Facility rental is being made (collectively the "Renter") are responsible for compliance with this agreement. All Renters are required to read and sign the Facility Use Agreement as part of the rental. Please read carefully, fill out Facility, Renter, and Event sections, initial at the bottom of each page, and sign where designated on the signature page at the end of this document. 1. FACILITY INFORMATION Name of Facility Pico Park Address/Area/Location of Facility 21950 Pico Street Grand Terrace Basketball Courts 2.RENTER INFORMATION Contact name Richard Loader Tel.: Home 909-783-0372 Work 951-288-6362 Organization Grand Terrace Youth Basketball Address, City, State, Zip 12610 Garden Avenue, Grand Terrace CA 92313 3.EVENT INFORMATION Description of event GT Youth Basketball Season 2012-2013 Date of event Dec. 2012 — Mar. 2013 Estimated attendance 250 Time event begins (incl. set up) 5:00pm (Monday — Friday throughout the season) Time event ends (incl. clean up) 9:00pm Lighting Use Estimate $700.00 Open to the public? Yes. No Will minors be present? Yes No Admission fee charged Yes No Will there be music? Yes S Type of music N/A 7.B.b Packet Pg. 73 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Will food be served? Yes e-ioc Will food be sold? Yes Will alcohol be served? Y Will alcohol be sold? Yes 4. CONDITIONS OF USE A. RESERVATIONS 1.Renters desirous of a Facility should make reservations well in advance of the intended date of use because demand for facilities is high and dates fill quickly. 2.A Facility is not considered rented until (1) Renter delivers to the City the Facility Use Agreement, rental fee, deposit, certificate of insurance, written evidence of permits and licenses, and any other items deemed necessary by the City and (2) the City in its sole discretion, approves such rental in writing. 3.A person who is at least eighteen (18) years of age must sign this agreement. If alcohol is served, a person who is at least twenty-one (21) years of age must sign this agreement. 4.Renter shall provide the City Manager or his/her designee with a single contact who is to serve as the representative for Renter's activities. 5.Renter shall be responsible for securing all required permits and licenses. 6.The facility shall be used for the purpose stated in this agreement and no other use will be permitted. 7.Renter shall not use the City's name to suggest endorsement or sponsorship of the event without prior written approval of the City Manager or his/her designee. Renter's publicity of the event shall clearly and accurately identify the name of the sponsoring organization or individual. 8.Renter shall permit any City officers, employees, or agents to visit the event described in this agreement. 9.Renter shall be responsible for picking up the keys to the Facility, if any, from the City prior to the event. Renter shall return keys immediately following the event to the City. 10.Under no circumstances shall Renter sublease or allow any other organization or individual to use the Facility for the period for which Renter has contracted. Renter is an independent contractor and not the agent or employee of the City. 7.B.b Packet Pg. 74 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) B. FEES 1.The City may require a rental fee and/or a deposit from Renter. 2.Any person or agency holding a reservation for the use of City facilities and desiring to cancel such reservation may be subject to the withholding of a portion of or the entire rental fee for the Facility. 3.The City may charge an additional amount of double the regular rental rate for any event continuing past the ending time stated in this agreement. 4.Renter is responsible for any lost keys, and any costs that the City might incur to replace and/or re-key the Facility. 5.In the event the Facility is left damaged, Renter shall be charged for any and all janitorial and/or repair fees incurred by the City as a result of same and these fees shall be billed to Renter. C. INDEMNIFICATION AND INSURANCE 1.Renter shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Renter's use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees, or agents. 2.Renter shall procure and maintain general liability insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Renter's use or occupancy of the City's facilities and adjoining property in the amount of $1,000,000 (one million dollars) per occurrence. Such insurance shall name the City, its officers, employees, and agents as additional insured prior to the rental date of the Facility. Renter shall file certificates of such insurance with the City, which shall be endorsed to provide thirty (30) days notice to the City of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, the City may deny access to the Facility. 3.Renter shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with Renter's use or occupancy of the City's facilities and adjoining property to the City Manager or his/her designee, in writing and as soon as practicable. 7.B.b Packet Pg. 75 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) 4.Renter waives any right of recovery against the City, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond the their control. Renter shall not charge results of "acts of God" to the City, its officers, employees, or agents. 5.Renter waives any right of recovery against the City, its officers, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with Renter's use or occupancy of the Facility and adjoining property, even if the City, its officers, employees, or agents seek recovery against Renter. D. SECURITY 1.The City, at its sole discretion, may require a certain number of security officers for the event. Renter shall be responsible for procuring and paying for security officers through the City or a private security agency. 2.Renter is solely responsible for supervising all individuals at the Facility and adjoining property during the event. The City is not responsible for providing this supervision. However, the City may evict individuals from the Facility during the event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way. E. SET UP / CLEAN UP / DECORATIONS 1.Renter, caterers, bands, transportation of rental equipment, and related individuals and activities will not be permitted access to the Facility prior to or after the event time period. Renter shall be responsible for arranging access during the time requested for entry and exit of the Facility. 2.Renter shall not prepare or decorate the Facility prior to the event start time, unless Renter provides rental fees, deposits, and insurance for the time of the preparation and/or decoration. 3.Renter shall not drive or permit to be driven nails, hooks, tacks, screws, poles, stakes or other forms of fasteners into any part of the Facility and shall not make or allow to be made any alterations of any kind therein. 4.Renter shall be responsible for all clean up of the Facility, including adjacent grounds, at the end of the rental. Renter shall pick up, bag, and remove all trash generated by all activity in any way connected with its use of the Facility, leaving the Facility clean and free of all trash and litter. Renter shall also leave all fixtures, if any, in good working condition. 5.Renter shall not store any equipment or materials at the Facility or adjoining property without the prior written approval of the City Manager or his/her designee. 7.B.b Packet Pg. 76 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) 6. Renter shall be responsible for any and all damage to the Facility and/or its contents during use. In the event damage occurs or excessive cleaning is necessary, Renter shall be charged for any and all janitorial and/or repair fees incurred by the City as a result. F. EQUIPMENT / ACCESSORIES 1.Renter shall not remove, relocate, or take City property outside of the Facility for any reason without the prior written approval of the City Manager or his/her designee. 2.Renter shall not use City equipment, tools, or furnishings located in or about the Facility without the prior written approval of the City Manager or his/her designee. 3.Renter shall not drive motorized vehicles on field or green space. 4.The City does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. Renter, at its own cost, may bring these systems into the Facility for their use. 5.Renter shall secure the approval of the City before using audio/visual systems, public address systems, and live or recorded amplified music. Renter shall not record, televise, or broadcast the event or any portion thereof without prior written approval of the City Manager or his/her designee. G. MISCELLANEOUS 1.Renter shall comply with all local, state, and federal laws and regulations related to the use of the Facility. 2.Renter shall not admit a larger number of individuals than can lawfully, safely, and freely move about the Facility. 3.Gambling of any kind is not permitted at the Facility 4.Smoking is not permitted at the Facility. 5.No animals are permitted at the Facility, with the exception of guide dogs. 6.If Renter violates any part of this agreement or reports false information to the City, the City may refuse Renter further use of the Facility and Renter shall forfeit a portion of or all of the rental fee and/or the deposit. 7.The City may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. 7.B.b Packet Pg. 77 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) 8.Any person aggrieved by the City decision with respect to this agreement may appeal to the City Manager or his/her designee in writing no later than five (5) days after the City decision has been communicated to the aggrieved party. 9.If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. IMPORTANT - READ BEFORE SIGNING I am an authorized agent of the organization submitting this agreement. The information provided in this agreement is true and correct. I have read and understand this agreement and agree to all of the aforementioned rules, regulations, and conditions of use. Signat Print name C cc-1 Organization L., c Ac, —CU (?t.c,k---1 bA 11 Address k -LW 0 t.„Pkt-kt it l_2rAnc 1Q.cfc-Ct C.- Q1) Z Telephone: Home - - ;Work - Z 8- 3 G Z (51 bc3A- -0 z By City: Betsy M. Adams, City Manager Date: 7.B.b Packet Pg. 78 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Youth Basketball Facility Agreement - page 1 Exhibit A Grand Terrace Youth Basketball Lights/Court Use Fees Grand Terrace Youth Basketball agrees to pay player fees and for electricity used during Youth Basketball functions in accordance with the 2012 Facility Use Policy. GTYB must provide a list of all participants including their address to the City of Grand Terrace. An Agreement for use by GTYB for the following year will not be approved until all fees are paid for light use and the $3.00 per player fees are paid in full. Court Preparation City responsibilities: • Maintain and trim trees surrounding basketball courts. • Mow and trim landscaped park areas. GTYB responsibilities: • Paint outlines on basketball courts. • Paint outlines on basketball backboard. • For all nets during basketball season (metal nets not permitted on City courts). Personal Vehicles Vehicles are prohibited from driving and/or parking on any of the grass and court areas. Only authorized City vehicles or City-approved emergency vehicles are allowed on court and grass field areas. Restrooms City Responsibilities: • Clean, repair and maintain all restroom facilities. • Provide all restroom supplies. Grand Terrace Youth Basketball Responsibilities: • Restrooms must be locked after all GTYB events. • Discourage GTYB participants from playing in the restrooms. • Periodically check/monitor the restrooms throughout the day to discourage damage to the facilities. Trash 7.B.b Packet Pg. 79 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) Youth Basketball Facility Agreement - page 2 The City will clean the park and field areas routinely. The League is responsible for picking up and placing all trash in the trash receptacles after each use/event. Entrance Gate and Facility Keys The City will maintain the gate to keep in proper working order and open the gate daily, except in the event of inclement weather. GTYB shall close and lock the gate after evening use. The keys must be signed out by City staff to Board Officers. GTYB shall not change the locks on any facilities, including the gate, snack bar and storage areas. GTYB must provide the City with the names, addresses, and phone numbers of those members holding keys to Pico Park and any of the facilities. Keys cannot be replicated without the written consent of the City of Grand Terrace. Repairs The GTYB must receive written authorization from the City of Grand Terrace prior to the installation and/or repair of any equipment on the Pico Park premises. This includes but is not limited to fencing, lighting, benches, gates, plumbing, electrical, etc. No individual or group may alter the courts or fields in any manner without the written permission of the City Manager or his/her designee. Any unauthorized modifications will be removed/corrected at the expense of the individual or group making such unauthorized modifications. 7.B.b Packet Pg. 80 At t a c h m e n t : F a c i l i t y U s e A g r e e m e n t w i t h G r a n d T e r r a c e Y o u t h B a s k e t b a l l L e a g u e ( 1 1 0 5 : F a c i l i t y U s e P o l i c y ) AGENDA REPORT MEETING DATE:July 24, 2012 Council Item TITLE:Approval of a Right of Entry Agreement Between the City and the Foundation of Grand Terrace for Construction of a Veteran's Memorial in Pico Park PRESENTED BY:Joyce Powers, Community and Economic Development Director RECOMMENDATION:1. Approve the Right of Entry Agreement between the City and the Foundation of Grand Terrace to allow the Veteran's Committee to construct and maintain a Veteran's Memorial within Pico Park. 2. Authorize the City Manager to sign the Agreement and take all actions necessary to complete the project. BACKGROUND: In October of 2011, the Council approved a request from a Veterans group to use a 2,200 square foot area at the west side of Pico Park to build a memorial to U.S. Veterans. On May 22, 2012, the Council approved the unique conceptual design of the proposed memorial. Both conceptual approvals were conditional to a formal agreement requiring liability insurance and on-going maintenance of the memorial. The project's sponsor is the Veteran's Memorial Committee of the Foundation of Grand Terrace. The Committee's first goal is to dedicate the memorial and begin flying the U.S. flag on Veteran's Day, November 11, 2012. The other elements of the memorial will be added as funding is secured. DISCUSSION: Staff and the City Attorney have prepared a Right of Entry Agreement to facilitate construction of the Veteran's Memorial at Pico Park and ensure its long-term oversight by the Foundation. Construction of the U.S. flag pole will begin by September 2012 and is a partnership between an Eagle Scout and the Veteran's Committee. The attached Right of Entry Agreement has been written to include the Scouts as volunteers of the Foundation of Grand Terrace. The Agreement has no ending date and would terminate if the Foundation violates the Agreement or discontinues the use of the site for the Veteran's Memorial. The location of the future memorial is included as Exhibit "A" to the Agreement, and the drawing of the approved FREEDOM memorial improvements is Exhibit "B". The U.S. flag is at the center of the memorial and will be approximately 25 feet high. The footing design and engineering for the pole structure must be approved by Building and Safety before the pole is erected, as will be additional future elements depicted in Exhibit “B”. 8.A Packet Pg. 81 Staff is working the Eagle Scout and the Committee to ensure they are aware of these requirements to protect public safety and that their schedule is met. FISCAL IMPACT: No project costs will be incurred by the City, and the Foundation will maintain the project site and improvements. ATTACHMENTS: ·Right of Entry for Veteran's Memorial Project APPROVALS: Joyce Powers Completed 07/12/2012 4:14 PM Finance Completed 07/12/2012 4:15 PM City Attorney Completed 07/16/2012 9:44 AM Community & Economic Development Completed 07/16/2012 11:39 AM City Manager Completed 07/16/2012 11:50 AM City Council Pending 8.A Packet Pg. 82 1 RIGHT OF ENTRY AND MAINTENANCE AGREEMENT This Right of Entry Agreement (“Agreement”) is made and entered into this ___day of July, 2012, by and between the City of Grand Terrace (“City”) and the Foundation of Grand Terrace (“Foundation”). RECITALS WHEREAS, the City owns the real property identified by Assessor's Parcel Number 1167- 201-01 (“City Property”); WHEREAS, the City desires to provide access to City Property to Foundation for the purposes of constructing a Veteran’s Memorial on a portion of the City Property (“Memorial Property”), further described in Exhibit “A”; WHEREAS, the Foundation desires to construct a Veteran’s Memorial on the Memorial Property; NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows: 1.Scope. City, the owner of the real property identified as Assessor’s Parcel Number 1167-201-01 (“City Property”), hereby grants permission to the Foundation to enter upon a portion of the Property (“Memorial Property”)as identified on Exhibit “A” attached hereto and incorporated herein by reference. Use of the Memorial Property is for construction of a Veteran’s Memorial, further depicted in Exhibit “B,”(“Memorial Concept”). 2.Term. This Agreement will be effective on the date first written above and shall terminate only upon termination of the Foundation’s use of the Memorial Property as the Memorial unless earlier terminated as set forth in this Agreement. 3.Compensation. As compensation for use of the portion of the Property described in Exhibit “A” of this Agreement, Foundation shall maintain the Memorial in a manner as shown on Exhibits “A”and “B”. 4.Condition of Premises. During the term of this Agreement, Foundation shall not cause physical damage,contaminate with Hazardous Substances,or otherwise cause any other damage to the City Property, including any existing landscaping or plants, and shall take all reasonable steps to maintain the Memorial Property in an orderly and appealing manner. At the completion of construction of the Memorial, the Foundation will continue to maintain the Memorial in a condition equal to or better than its condition at the commencement of the term of this Agreement.Determination of whether the Memorial Property or the Memorial has been maintained in compliance with this Agreement shall be made by the City using its sole discretion. 8.A.a Packet Pg. 83 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 5.Termination. This Agreement may be terminated by City if the City determines using its sole discretion that Foundation’s use of the City Property is in violation of this Agreement, creates any kind of health and safety hazard, or would impose any liability upon the City. 6.Access to the Property. The City shall make a reasonable effort to keep access to the City Property open to Foundation at all times and shall not unreasonably interfere with Foundation’s access to the City Property. Foundation shall not interfere with the City’s access to or use of the Memorial Property.The City shall have the right to close any portion, or the entirety, of the City Property if City officials determine that such a closure is reasonably necessary. In the event of such a closure, the City will provide notice to the Foundation of the closure. 7.Indemnification. Except as to sole negligence or willful misconduct of the City, Foundation agrees to indemnify, defend,and hold the City, its officers and employees, harmless from and against all claims, damages, losses, liability, cost or expense, including attorney’s fees and costs, which arises out of or is in any way connected with the performance of work or use of the Property under this Agreement by Foundation,any of Foundation’s volunteers (including, but not limited to,the Boy Scouts of America), employees, agents, contractors,or subcontractors. Foundation shall also be responsible for any attorneys’ fees and costs the City may incur in the event the City has to file any action in connection with this Agreement. The parties expressly agree that any payment,attorney’s fee, costs,or expenses 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 purpose of this Section, and that this Section shall survive the expiration or early termination of this Agreement. 8.Workers' Compensation Insurance. By executing this Agreement, Foundation certifies that it 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. Foundation shall carry the insurance or provide for self-insurance required by California law to protect City from claims under the Workers’ Compensation Act. Prior to City's execution of this Agreement, Foundation shall file with City either a certificate of insurance showing that such insurance is in effect, or that they are self-insured for such coverage. Any certificate filed with City shall provide that City will be given thirty (30) days prior written notice before modification or cancellation thereof. 9.General Liability Insurance.Prior to the City’s execution of this Agreement, Foundation shall provide proof of general liability insurance as required to insure the City 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 Foundation. The City, and its officers, employees and agents, shall be named as additional insureds under the Foundation’s insurance policies. Said policies shall be in the usual form of commercial general liability insurance policies, but shall include the following provisions: 8.A.a Packet Pg. 84 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 It is agreed that the City of Grand Terrace, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured. All liability insurance shall be issued by insurance companies authorized to transact liability 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. General liability insurance policies shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor’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, unless otherwise approved or reduced by the City. These minimum amounts of coverage shall not constitute any limitation or cap on Foundation’s indemnification obligations under Section 7 hereof. Any policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to the City by certified or registered mail, postage prepaid. Any policies shall include an endorsement stating that any applicable insurance coverage maintained by the City shall be excess in relation to Foundation’s insurance policies. 10.Hazardous Substances Indemnity. Foundation expressly agrees to and shall indemnify, defend, release,and hold the City, its officers, officials, directors, agents, employees, attorneys and contractors harmless from and against any liability, loss, fine, penalty, fee, charge, lien, judgment, damage, entry, claim, cause of action, suit, proceeding (whether legal or administrative), remediation, response, removal, or clean-up and all costs and expenses associated therewith, and all other costs and expenses (including, but not limited to, attorneys’ fees, expert fees, and court costs) in any way related to the disposal, treatment, transportation, manufacture, or use of any Hazardous Substances on, in, under, or about the Property by Foundation, or its respective officers, directors, agents, volunteers, employees or contractors, or by any other third party acting under the control or request of Foundation, other than the City and its respective officers, agents, servants, employees or contractors. This indemnity, defense,and hold harmless obligation shall survive the expiration or termination of this Agreement. 11.Hazardous Substances Defined. Hazardous Substances shall mean any (a) substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to CERCLA, 42 U.S.C. § 9601, et seq.; The Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (“RCRA”); The Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; The Clean Water Act, 33 U.S.C. § 1251, et seq.; The Hazardous Waste Control Act, California Health and Safety Code (“H. & S.C.”) § 25100, et seq.; the Hazardous Substance Account Act, H. & S.C. § 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H. & S.C. § 25249.5, et seq.; Underground Storage of Hazardous Substances H.& S.C. § 25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act (H & S.C. § 25300 et seq.); The Hazardous Waste Management Act, H. & S.C. §§ 25170.1, et seq.; Hazardous Materials Response 8.A.a Packet Pg. 85 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 Plans and Inventory H. & S.C. § 25001 et seq.; or the Porter-Cologne Water Quality Control Act, Water Code § 13000, et seq., all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes, (c) petroleum, crude oil or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles, and (d) polychlorinated biphenyls (PCB), radon gas, urea-formaldehyde, asbestos and lead. 12.Venue and Attorneys' Fees. Any action at law or in equity brought by any 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 any party hereto shall bring suit to enforce any term of this Agreement or to recover any damage 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. 13.Nondiscrimination. During Foundation’s performance of this Agreement, it 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, Foundation agrees to conform to the requirements of the Americans with Disabilities Act and any other relevant law in the performance of this Agreement. 14.Compliance with Law. Foundation’s performance under this Agreement shall comply with all applicable local, state, and federal laws, regulations, and ordinances. 15.Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City Foundation City of Grand Terrace Foundation of Grand Terrace 22795 Barton Road 22421 Barton Road, #365 Grand Terrace, CA 92313 Grand Terrace, CA 92313 Attn: City Clerk 16.Assignment. It is mutually understood and agreed that this Agreement is personal to both parties and may not be assigned or transferred in any way. Any transfer shall be void and of no effect. 8.A.a Packet Pg. 86 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 17.Authority. The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their respective entities to the terms and conditions hereof and thereof. 18.Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date and year first written above. CITY OF GRAND TERRACE FOUNDATION OF GRAND TERRACE By:_________________________By: ____________________________ City Manager President ATTEST: ____________________________ ______________________________ City Clerk Vice President for the Veteran’s Memorial Committee Approved as to Form: ____________________________ City Attorney 8.A.a Packet Pg. 87 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 Exhibit “A” Memorial Property 8.A.a Packet Pg. 88 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 Memorial Property -Continued 8.A.a Packet Pg. 89 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) 1 Exhibit “B” Memorial Concept Drawing 8.A.a Packet Pg. 90 At t a c h m e n t : R i g h t o f E n t r y f o r V e t e r a n ' s M e m o r i a l P r o j e c t ( 1 1 0 2 : R i g h t o f E n t r y A g r e e m e n t f o r V e t e r a n ' s M e m o r i a l ) AGENDA REPORT MEETING DATE:July 24, 2012 Successor Agency Item TITLE:Successor Agency Adoption of the Draft Recognized Obligation Payment Schedule (ROPS-3) for Period of January 1, 2013 to June 30, 2013 PRESENTED BY:Bernie Simon, Finance Director RECOMMENDATION:Adopt Draft Recognized Obligation Payment Schedule for ROPS -3 January 1, 2013 to June 30, 2013 Resolution BACKGROUND: On December 29, 2011, in the CRA v. Matosantos case, the Court upheld ABX1 26 and invalidated ABX1 27 thereby eliminating redevelopment agencies and the voluntary option to pay to continue redevelopment. All redevelopment agencies in California have been dissolved effective February 1, 2012 with assets, properties, and documents transferred to the successor agencies. On January 10, 2012 the City Council adopted a resolution to be the Successor Agency to the Grand Terrace Community Redevelopment Agency (CRA). On January 30, 2012, the Agency Board adopted the amended Enforceable Obligation Payment Schedule (EOPS) and adopted the amended Initial Recognized Obligation Payment Schedule (IROPS) under H & S §34169 for the period January 1, 2012 to June 30, 2012 and remitted those reports to the City. On February 28, 2012, the Successor Agency adopted the Initial Recognized Obligation Payment Schedule (IROPS) for the period January 1, 2012 to June 30, 2012. On April 4, 2012, the second ROPS was approved by the Oversight Board and submitted. ABx 1-26 and the new AB 1484 now requires the Successor Agency to submit an approved Recognized Obligation Payment Schedule (ROPS) covering the period from January 1, 2013 to June 30, 2013 prior to September 1, 2012. Once approved by the Successor Agency, the Draft ROPS must be presented to the Oversight Board for review and approval prior to being submitted to the County Auditor Controller, Department of Finance (DOF), State Controllers Office and now the County Administrative Officer. This will be the third ROPS period since the dissolution of the CRA on February 1, 2012. A new ROPS must be completed every six months, and each ROPS must cover at least six months into the future. Generally under H & S §34171 an enforceable obligation means: a)bonds, as defined by applicable code sections b)Loans c)Payments required by federal and state governments 8.B Packet Pg. 91 d)Judgments and settlements e)Any legal and binding agreement f)Contracts necessary for administration or operations of the successor agency g)Amounts borrowed from or owed to the RDA Low Mod Fund h)Excludes certain loans between agencies creating the redevelopment agency and within certain periods. DISCUSSION: The primary purpose of the Recognized Obligation Payment Schedule (ROPS) is to identify the enforceable obligations to be paid from RDA property tax receipts which are held by County Auditor Controller in the Redevelopment Property Tax Trust Fund (RPTTF). Prior to the dissolution of the CRA, property tax increment was distributed to the agencies approximately fourteen (14) times during the year. Now property tax will be distributed only twice a year on June 1st,and now January 3rd, subject to available funds and an approved ROPS. The expenditure must also be legally allowed under ABx1-26 and AB 1484, whether it is being paid from RPTTF or “Other Sources”. A summary of the enforceable obligations listed on ROPS -3 is listed in Table A below. TABLE A ROPS -3 Enforceable Obligations January 1, 2013 to June 30, 2013 SOURCE OF FUNDS SUMMARY RPTTF BOND PROCEEDS LMIHF OTHER; Reserves, Other Revenue FORM A 1,089,998 0 0 0 FORM A-Unpaid ADM 250,000 0 0 0 FORM B 0 1,000,000 300,000 1,728,169 FORM B/Adm 0 0 0 253,882 FORM C Adm 0 0 0 0 FORM D N/A N/A N/A N/A TOTAL -$4,622,049 $1,339,998 $1,000,000 $300,000 $1,982,051 There are a number of issues that hopefully will be cleared up in the submittal and eventual approval of ROPS -3 with the DOF. 1) Unpaid administrative allowance of $250,000 is being added to RPTTF Form A as and enforceable obligation because the June 1st RPTTF distribution (ROPS-2) was a deficit for the Agency and therefore, no funds were available for administrative costs in addition to some other enforceable obligations. In June 2012, the City Council and the Oversight Board both approved resolutions to fund any CRA deficits from ROPS 2 out of available Successor Agency Fund Balance as needed. At this time, it is unclear whether the DOF will ultimately approve listing this as an enforceable obligation in 8.B Packet Pg. 92 ROPS-3. 2) Administrative costs exceeding the $250,000 allowance in the amount of $253,882 for the fiscal year is shown on ROPS Form B and is being requested from other sources of funds of the CRA, namely available fund balance. It is still not absolutely clear whether fund balance may be used or not used. Staff recommends taking the aggressive approach on this issue to obtain clarification. If excess administrative costs are not eventually allowed, then more costs may be absorbed by the General Fund or the City of Grand Terrace may loan such funds to the Successor Agency pursuant to Health & Safety Code § 34173(h). If the excess administrative cost allowance is not favorable, then potentially the loss may be partially offset by potential distribution of any RPTTF surplus on January 3, 2013. 3) AB 1484 will seek to appropriate “unencumbered cash” from Successor Agencies by April of 2013. Therefore, in the ROPS -3 resolution, staff is requesting the Successor Agency to reserve and assign fund balance and reserve cash balances of all obligations shown to be paid from “Other Sources” on Form B of ROPS -3. It appears bond proceeds will not be subject to appropriation by the state. Staff moved some enforceable obligations to be paid from RPTTF on ROPS Form A to enforceable obligations from “Other Sources” on ROPS Form C to “encumber available cash” reserves in the Agency and increase the potential surplus in RPTTF for the ROPS -3 distribution. Potentially, the excess administrative costs from available fund balance could be an academic issue if the “unencumbered cash” is taken from the Successor Agency in April 2013. 4) Surplus RPTTF fund anticipated for January 3, 2013 distribution to Agency is possible depending on a number of factors such as: a) amount of tax receipts b) cut-off period of tax receipts to be included in ROPS 3 distribution calculation c) Amount of County administration costs d) amount of pass through payments to taxing entities e) calculation of surplus percentage to taxing entities 5) AB 1484 new Section 34177.3(b) wind down costs-AB 1484 now requires a Due Diligence review by a licensed CPA approved by the County Auditor Controller to be done later this year. $20,000 was added to Form A enforceable obligations for the estimated cost. The report will be used as a basis to appropriate “unencumbered cash” to the other taxing entities. There will be two separate reports, one for Low Mod Income Housing and a second for all other CRA funds. The City Attorney has also opined that legal costs under the section 34177.3(b) can be moved from administrative costs on Form C to enforceable obligations on Form A. 8.B Packet Pg. 93 Staff may need to come back to the Board depending on the outcome of certain issues with the DOF. FISCAL IMPACT: There are no fiscal impacts by the adoption of the resolutions. ATTACHMENTS: ·2012-07-24 Successor Agency ROPS 3 Resolution ·Attachment A to Reso-ROPS 3 Forms Jan 1 to June 30-13 All APPROVALS: Bernie Simon Completed 07/16/2012 7:58 PM Finance Completed 07/16/2012 7:59 PM City Attorney Completed 07/17/2012 11:14 AM City Manager Completed 07/17/2012 12:27 PM City Council Pending 8.B Packet Pg. 94 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND TERRACE AS SUCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY ADOPTING A RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS-3)COVERING THE PERIOD OF JANUARY 1, 2013 TO JUNE 30,2013 AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 34177. WHEREAS, the Grand Terrace Community Redevelopment Agency, Grand Terrace, California (“Agency”) was formed for the purpose of revitalizing areas within the City of Grand Terrace pursuant to Health and Safety Code Section 33000, et. seq.; WHEREAS, AB X1 26 required the dissolution of all redevelopment agencies in the state; WHEREAS,on January 10, 2012, the City as Successor Agency adopted Resolution 2012-01 electing to serve as the successor agency to the Grand Terrace Community Redevelopment Agency pursuant to Health and Safety Code Section 34176; and WHEREAS,a Recognized Obligation Payment Schedule (ROPS) is defined in Health and Safety Code Section 34171(h) as the minimum payment amounts and the due dates of payments required by enforceable obligations for a six month period; and WHEREAS,a Recognized Obligation Payment Schedule (ROPS) identifies the payment source of enforceable obligations as payable from the Redevelopment Property Tax Trust Fund (RPTTF) and payable from Other Sources of the Successor Agency; and WHEREAS,the San Bernardino County Auditor Controller/Treasurer/Tax Collector (Auditor-Controller)and California Department of Finance has required a of the Recognized Obligation Payment Schedule, covering the period January 1, 2013 to June 30,2013 (ROPS-3), in accordance with AB 1484.to be submitted prior to September 1, 2012; WHEREAS, on July 24, 2013, the Recognized Obligation Payment Schedule (ROPS-3) for the period January 1,2013 to June 30,2013 pursuant to Health and Safety Code Section 34177(l) was considered by the City as Successor Agency; and NOW THEREFORE, THE CITY OF GRAND TERRACE AS SUCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE,DETERMINE, FIND AND ORDER AS FOLLOWS: 8.B.a Packet Pg. 95 At t a c h m e n t : 2 0 1 2 - 0 7 - 2 4 S u c c e s s o r A g e n c y R O P S 3 R e s o l u t i o n ( 1 1 0 8 : A d o p t i o n o f R O P - 3 J a n 1 t o J u n 3 0 , 2 0 1 3 ) SECTION 1. The City as Successor Agency finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution. SECTION 2. The City as Successor Agency finds that all obligations listed on the Recognized Obligation Payment Schedule (ROPS-3) for the period January 1, 2013 to June 30, 2013 are true and correct and, accordingly, are hereby considered enforceable obligations. SECTION 3. Pursuant to 34177(l),Recognized Obligation Payment Schedule (ROPS-3) for the period January 1,2013 to June 30, 2013 is attached hereto as Attachment A is hereby approved, adopted,and incorporated by reference by the City as Successor Agency pursuant to Health and Safety Code Section 34177. SECTION 4. The City as Successor Agency hereby encumbers and assigns the needed fund balance and cash resources of the Successor Agency to fund all enforceable obligations to be paid from Other Sources of funds as set forth on Form B of the Recognized Obligation Payment Schedule (ROPS-3) and all prior Recognized Obligation Payment Schedules. SECTION 5. The City Manager is hereby authorized to perform all acts necessary to be compliant with ABX1 26, AB 1484 and the requirements set forth by the San Bernardino County Auditor-Controller, the California Department of Finance, or any other applicable agency. SECTION 6 The Successor Agency shall remit the approved Recognized Obligation Payment Schedule (ROPS-3) for the period January 1, 2013 to June 30, 2013 to the Oversight Board for review and approval. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 24th day of July,2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Walt Stanckiewitz, Mayor ATTEST: 8.B.a Packet Pg. 96 At t a c h m e n t : 2 0 1 2 - 0 7 - 2 4 S u c c e s s o r A g e n c y R O P S 3 R e s o l u t i o n ( 1 1 0 8 : A d o p t i o n o f R O P - 3 J a n 1 t o J u n 3 0 , 2 0 1 3 ) Tracey R. Martinez, City Clerk APPROVED AS TO FORM: Richard L. Adams II, City Attorney State of California ) County of San Bernardino ) ss. State of California ) I,Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and that the foregoing resolution was duly adopted at a regular meeting of the City Council and the City Council as the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace held on the 24th day of July, 2012. Tracey R. Martinez, City Clerk 8.B.a Packet Pg. 97 At t a c h m e n t : 2 0 1 2 - 0 7 - 2 4 S u c c e s s o r A g e n c y R O P S 3 R e s o l u t i o n ( 1 1 0 8 : A d o p t i o n o f R O P - 3 J a n 1 t o J u n 3 0 , 2 0 1 3 ) Attachment A Recognized Obligations Payment Schedule (ROPS-3) January 1, 2013 to June 30, 2013 8.B.a Packet Pg. 98 At t a c h m e n t : 2 0 1 2 - 0 7 - 2 4 S u c c e s s o r A g e n c y R O P S 3 R e s o l u t i o n ( 1 1 0 8 : A d o p t i o n o f R O P - 3 J a n 1 t o J u n 3 0 , 2 0 1 3 ) Name of Successor Agency CITY OF GRAND TERRACE AS SUCCESSOR AGENCY TO COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 ROPS -3 Current Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstanding Debt or Obligation (Excludes Pass-Through Debt)76,634,221.00$ 7,636,620.00$ Total Due for Six Month Period Outstanding Debt or Obligation (Excludes Pass-Through Debt)4,622,049.00$ Available Revenues other than anticipated funding from RPTTF 3,282,051.00$ Enforceable Obligations paid with RPTTF 1,339,998.00$ Administrative Cost paid with RPTTF -$ Pass-through Payments paid with RPTTF -$ -$ Certification of Oversight Board Chairman: Pursuant to Section 34177(l) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Name Title Enforceable Payment Schedule for the above named agency. Signature Date Administrative Allowance (greater of 5% of anticipated Funding from RPTTF or 250,000. Note: Calculation should not include pass-through payments made with RPTTF. The RPTTF Administrative Cost figure above should not exceed this Administrative Cost Allowance RECOGNIZED OBLIGATION PAYMENT SCHEDULE - CONSOLIDATED FILED FOR THE JANUARY 1, 2013 to JUNE 30, 2013 PERIOD 8. B . b Pa c k e t P g . 9 9 Attachment: Attachment A to Reso- ROPS 3 Forms Jan 1 to June 30-13 All (1108 : Adoption of ROP-3 Jan 1 to Jun 30, 2013) Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 FORM A - Redevelopment Property Tax Trust Fund (RPTTF)Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA RECOGNIZED OBLIGATION PAYMENT SCHEDULEPer AB 26 - Section 34177 (*)ROPS -3 Project Area Total Outstanding Debt or Obligation Total Due During Fiscal Year 2012-2013** *** Funding Source Payable from the Redevelopment Property Tax Trust Fund (RPTTF) Contract/Agreement Payments by month Project Name / Debt Obligation Execution Date Payee Description Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 1) 2011 A Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Alloc Bonds Grand Terrace Proj Area 27,883,706 1,520,093 RPTTF 0 418,298 0 0 0 0 418,298$ 2) 2011 B Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Alloc Bonds Grand Terrace Proj Area 8,971,205 840,825 RPTTF 0 201,735 0 0 0 0 201,735$ 3) Trustee Fees 2004/2011 Indenture US Bank Trustee Services for 2004 & 2011 TABS Grand Terrace Proj Area 266,530 12,115 RPTTF 0 12,115 0 0 0 0 12,115$ 4) Zion Loan 2009 Zion First National Bank Private Refunding of CRA Debt Grand Terrace Proj Area 2,166,204 254,848 RPTTF 0 127,424 0 0 0 0 127,424$ 5) Repayment of Debt Service 9/13/2011 SB Valley Muni Water Repay incorr debt service distrib-SBC ATC Grand Terrace Proj Area 2,062,472 232,888 RPTTF 232,888 0 0 0 0 0 232,888$ 6) Professional Services On-going City News Group Advertising/Noticing Grand Terrace Proj Area 20,000 15,000 RPTTF 2,313 2,313 2,313 2,313 2,313 2,313 13,878$ 7) Consulting Services 7/13/2010 Chamber of Commerce Business Development Services Grand Terrace Proj Area 20,600 10,300 RPTTF 860 860 860 860 860 860 5,160$ 8) Professional Services On-going Professional Appraisers Property Appraisal Services Grand Terrace Proj Area 50,000 20,000 RPTTF 0 0 6,000 0 0 6,000 12,000$ 9) Professional Services 4/12/2011 ACE Weed Abatement Weed abatement for Agency property Grand Terrace Proj Area 100,000 20,000 RPTTF 0 0 10,000 0 0 0 10,000$ 10) Professional Services 2004/2011 Indenture Urban Futures Continuing Disclosure Reporting- bond issues Grand Terrace Proj Area 84,000 7,000 RPTTF 0 0 0 3,500 0 0 3,500$ 11) Agency Owned Property Various Various contractors Property Maintenance and Insurance Grand Terrace Proj Area 30,000 6,000 RPTTF 500 500 500 500 500 500 3,000$ 12) 2011A TABS Reserve (From FORM B) 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 1,280,894 0 RPTTF 0 0 000 0 -$ 13) 2011B TABS Reserve (From FORM B) 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,906 0 RPTTF 0 0 000 0 -$ 14) Administrative Allowance -Unpaid ROPS 6/1/2012 SA GT CRA RPTTF deficit at 6/1/12 Distribution Grand Terrace Proj Area 250,000 250,000 RPTTF 250,000 0 0 0 0 0 250,000$ 15) Professional Services-RDA wind down AB 1484 To be arranged Due Dilligence Reporting/Review Grand Terrace Proj Area 20,000 20,000 RPTTF 20,000 20,000$ 16) Successor Agency Legal consulting 2011 Jones and Mayer Legal Counsel under 34177.3(b) Grand Terrace Proj Area 600,000 60,000 RPTTF 5,000 5,000 5,000 5,000 5,000 5,000 30,000$ -$ -$ -$ -$ -$ -$ -$ -$ `-$ -$ -$ -$ -$ Totals - This Page (RPTTF Funding)44,282,517$ 3,269,069$ N/A 511,561$ 768,245$ 24,673$ 12,173$ 8,673$ 14,673$ 1,339,998$ Totals - Page 2 (Other Funding)18,420,586$ 4,117,551$ N/A 790,533$ 39,397$ 113,647$ 39,397$ 539,397$ 1,759,680$ 3,282,051$ Totals - Page 3 (Administrative Cost Allowance)13,931,118$ 250,000$ N/A -$ -$ -$ -$ -$ -$ -$ Totals - Page 4 (Pass Thru Payments)-$ -$ N/A -$ -$ -$ -$ -$ -$ -$ Grand total - All Pages 76,634,221$ 7,636,620$ N/A 1,302,094$ 807,642$ 138,320$ 51,570$ 548,070$ 1,774,353$ 4,622,049$ ** All totals due during fiscal year and payment amounts are projected. *** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.) RPTTF - Redevelopment Property Tax Trust Fund Bonds - Bond proceeds Other - reserves, rents, interest earnings, etc LMIHF - Low and Moderate Income Housing Fund Admin - Successor Agency Administrative Allowance * The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart 8. B . b Pa c k e t P g . 1 0 0 Attachment: Attachment A to Reso- ROPS 3 Forms Jan 1 to June 30-13 All (1108 : Adoption of ROP-3 Jan 1 to Jun 30, 2013) Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34Project Area(s) RDA Project Area All- GRAND TERRACE PROJECT AREA RECOGNIZED OBLIGATION PAYMENT SCHEDULEPer AB 26 - Section 34177 (*)ROPS -3 Contract/Agreement Project Name / Debt Obligation Execution Date Payee Description Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 17) Grand Terrace Project Area Bond indent/Tax Cert. 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area 13,510,568 Bonds 17.1) Michigan Street improvements: desig 3/13/2012 Webb &Assoc 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area 480,000 Bonds 00 000 0 -$ 17.2) Southwest project area: infrastructurBond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 17.3) Southwest project area: infrastructurBond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area 1,000,000 Bonds 0 0 0 0 500,000 500,000 1,000,000$ 17.4) Barton Road infrastructure improvemBond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 17.5) Michigan Street improvements: constBond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 17.6) Union Pacific/Barton Road bridge conBond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 17.7) Strom drain & street rehab:Van BurenBond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 17.8) Mt. Vernon slope stabilization Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 17.9) Vista Grande Park construction Bond indent/Tax Cert.To be named 2011A Bond Indenture -Public Infrastructure Grand Terrace Proj Area Bonds 00 000 0 -$ 18) SERAF Loan LMIHF- RESERVE TO REP 4/26/2011 LMIHF Repayment of loan for SERAF- Reserve Grand Terrace Proj Area 448,636 448,636 Other-RS 448,636 0 0 0 0 0 448,636$ 19) Stater Brothers OPA 2/22/2011 Stater Brothers Markets Payment on participation agreement Grand Terrace Proj Area 1,207,500 500,000 Other-RS 0 0 72,250 0 0 72,250 144,500$ 20) Residual Receipts 2/24/2009 City of Grand Terrace Affordable housing payment agreement Grand Terrace Proj Area 3,000,000 300,000 LMIHF 300,000 0 0 0 0 0 300,000$ 21)Admin Allowance Exceeding $250,000 ROn-going SA GT CRA Reserves for Necessary Admin costs exceeding allow-from-Form C, Line 32 253,882 253,882 Other-RS 41,897 39,397 41,397 39,397 39,397 52,397 253,882$ 22) 2011A TABS Reserve For Sept. 2013 DeOn-going US Bank Reserve as per 34171(d)(1)(A) -bond debt sv Grand Terrace Proj Area 698,298 Other-RS 0 0 0 0 0 698,298 698,298$ 23) 2011B TABS Reserve For Sept. 2013 DeOn-going US Bank Reserve as per 34171(d)(1)(A) -bond debt sv Grand Terrace Proj Area 436,735 Other-RS 0 0 0 0 0 436,735 436,735$ -$ -$ -$ -$ -$ -$ -$ -$ -$ `-$ -$ -$ -$ -$ -$ -$ -$ Totals - LMIHF 3,000,000 300,000 300,000 - - - - - $300,000 Totals - Bond Proceeds 13,510,568 1,480,000 - - - - 500,000 500,000 $1,000,000 Totals - Other 1,910,018 2,337,551 490,533 39,397 113,647 39,397 39,397 1,259,680 $1,982,051 $0 Grand total - This Page 18,420,586 4,117,551 790,533 39,397 113,647 39,397 539,397 1,759,680 $3,282,051 ** All total due during fiscal year and payment amounts are projected. *** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.) RPTTF - Redevelopment Property Tax Trust Fund Bonds - Bond proceeds Other - reserves, rents, interest earnings, etcLMIHF - Low and Moderate Income Housing Fund Admin - Successor Agency Administrative Allowance FORM B - All Revenue Sources Other Than Redevelopment Property Tax Trust Fund (RPTTF) * The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart Project Area Total Outstanding Debt or Obligation Payments by monthTotal Due During Fiscal Year2012-2013**Funding Source *** Payable from Other Revenue Sources 8. B . b Pa c k e t P g . 1 0 1 Attachment: Attachment A to Reso- ROPS 3 Forms Jan 1 to June 30-13 All (1108 : Adoption of ROP-3 Jan 1 to Jun 30, 2013) Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34177 (*)ROPS -3 Project Area Total Outstanding Debt or Obligation Total Due During Fiscal Year 2012-2013** Funding Source **Payable from the Administrative Allowance Allocation **** Payments by month Project Name / Debt Obligation Payee Description Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total 24) Employee Costs City of Grand Terrace Agency direct employee coGrand Terrace Proj Area 4,945,000 172,776 RPTTF 14,398 14,398 14,398 14,398 14,398 14,398 86,388$ 25) Employee Costs-PERS City of Grand Terrace Agency direct employee coGrand Terrace Proj Area 1,000,000 81,300 RPTTF 6,775 6,775 6,775 6,775 6,775 6,775 40,650$ 26) Office Rent/Cost Allocation City of Grand Terrace G & A indirect overhead coGrand Terrace Proj Area 7,389,900 163,995 RPTTF 13,666 13,666 13,666 13,666 13,666 13,666 81,996$ 27) Cost Allocation-Adm O/H Liab Ins City of Grand Terrace G & A Admin indirect O/H Grand Terrace Proj Area 430,100 18,700 RPTTF 1,558 1,558 1,558 1,558 1,558 1,558 9,348$ 28) Consulting Services RSG Reporting and Administrat Grand Terrace Proj Area 250,000 25,000 RPTTF 5,000 2,500 2,500 2,500 2,500 10,000 25,000$ 29) Consulting Services HDL Property Tax Reporting SeGrand Terrace Proj Area 80,000 8,000 RPTTF - - 2,000 - - 2,000 4,000$ 30) Office Costs/Supplies/Misc. Various Administrative supplies an Grand Terrace Proj Area 60,000 30,611 RPTTF 500 500 500 500 500 500 3,000$ 31) Annual Audit and Reporting Rogers Anderson MaloRequired annual auditing sGrand Terrace Proj Area 30,000 3,500 RPTTF - - - - - 3,500 3,500$ 32) Transfer of Costs exceeding $250,000 allowance Transfer to Form B, Line 21 Grand Terrace Proj Area (253,882) (253,882) RPTTF (41,897) (39,397) (41,397) (39,397) (39,397) (52,397) (253,882)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Totals - This Page 13,931,118 250,000 0 0 0 0 0 0 0 Bonds - Bond proceeds Admin - Successor Agency Administrative Allowance * The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted ** All total due during fiscal year and payment amounts are projected. *** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.) FORM C - Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund (RPTTF) **** - Administrative Cost Allowance caps are 5% of Form A 6-month totals in 2011-12 and 3% of Form A 6-month totals in 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D. RPTTF - Redevelopment Property Tax Trust Fund LMIHF - Low and Moderate Income Housing Fund Other - reserves, rents, interest earnings, etc 8. B . b Pa c k e t P g . 1 0 2 Attachment: Attachment A to Reso- ROPS 3 Forms Jan 1 to June 30-13 All (1108 : Adoption of ROP-3 Jan 1 to Jun 30, 2013) Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 FORM D - Pass-Through Payments Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34177 (*)ROPS -3 Total Outstanding Debt or Obligation Total Due During Fiscal Year 2012-2013** Source of Fund***Pass Through and Other Payments **** Payments by month Project Name / Debt Obligation Payee Description Project Area Jan 2013 Feb 2013 Mar 2013 Apr 2013 May 2013 Jun 2013 Total $0 $0 $0 - $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Totals - Other Obligations -$ -$ -$ -$ -$ -$ -$ -$ $0 ** All total due during fiscal year and payment amounts are projected. *** Funding sources from the successor agency: (For fiscal 2011-12 only, references to RPTTF could also mean tax increment allocated to the Agency prior to February 1, 2012.) RPTTF - Redevelopment Property Tax Trust Fund Bonds - Bond proceeds Other - reserves, rents, interest earnings, etc LMIHF - Low and Moderate Income Housing Fund Admin - Successor Agency Administrative Allowance * The Preliminary Draft Recognized Obligation Payment Schedule (ROPS) is to be completed by 3/1/2012 by the successor agency, and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State **** - Only the January through June 2012 ROPS should include expenditures for pass-through payments. Starting with the July through December 2012 ROPS, per HSC section 34183 (a) (1), the county auditor controller will make the required pass-through paym San Bernardino County Auditor-Controller will be administering all pass through after January 31, 2012 8. B . b Pa c k e t P g . 1 0 3 Attachment: Attachment A to Reso- ROPS 3 Forms Jan 1 to June 30-13 All (1108 : Adoption of ROP-3 Jan 1 to Jun 30, 2013) AGENDA REPORT MEETING DATE:July 24, 2012 Successor Agency Item TITLE:Adopt Successor Agency Administrative Budget for Period July 1, 2012 to June 30, 2013 PRESENTED BY:Bernie Simon, Finance Director RECOMMENDATION:Adopt a Resolution Approving Successor Agency Administrative Budget for Period July 1, 2012 to June 30, 2013 BACKGROUND: Pursuant to ABx1 26, Section 34177 (j), a Successor Agency is to prepare a proposed administrative budget and submit it to the Oversight Board for approval along with a draft Recognized Obligation Payment Schedule (ROPS). The Recognized Obligation Payment Schedules (ROPS) approval includes administrative costs. The administrative budget provides support for the ROPS -3 Administrative Costs for the period January 1, 2013 to June 30, 2013 that will be requested. DISCUSSION: Under California Health & Safety Code section 34177(j), the successor agency must: "Prepare a proposed administrative budget and submit it to the oversight board for its approval. The proposed administrative budget shall include all of the following: (1) Estimated amounts for successor agency administrative costs for the upcoming six-month fiscal period. (2) Proposed sources of payment for the costs identified in paragraph (1). (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity. (K) Provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the county auditor- controller for each six-month fiscal period." The administrative budget for the Successor Agency approximately reflects the recently adopted budget for the Successor Agency for FY 2012-13. The City Attorney's office has advised Staff that under AB 1484, section 34177.3(b), legal fees can now be moved from the Administrative Budget to Form A enforceable obligations on ROPS -3, FISCAL IMPACT: There is no fiscal impact with this report. ATTACHMENTS: 8.C Packet Pg. 104 ·Resolution Adopting Administrative Budget 7-1-12 to 06-30-13 ·ROPS 3 Administrative Budget 7-1-12 to 6-30-13 APPROVALS: Bernie Simon Completed 07/16/2012 7:08 PM Finance Completed 07/16/2012 7:09 PM City Attorney Completed 07/17/2012 11:23 AM City Manager Completed 07/17/2012 12:31 PM City Council Pending 8.C Packet Pg. 105 RESOLUTION NO. 2012-XX A RESOLUTION OF THE OF SUCCESSOR AGENCY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ADOPTING AN ADMINISTRATIVE BUDGET THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013 WHEREAS, the Successor Agency to Grand Terrace Community Redevelopment Agency has met and duly considered administrative expenses on the Recognized Obligation Payment Schedule ROPS for the period July 1, 2012,through July 30, 2013,in the form submitted by the Successor Agency; and WHEREAS, staff of the Successor Agency will also list administrative expenses on the Recognized Obligation Payment Schedule ROPS-3 for the period July 1, 2012, through June 30, 2013; and NOW THEREFORE, BE IT RESOLVED by the Board of the Successor Agency, as follows: SECTION 1. The Board finds and determines that the foregoing recitals are true and correct. SECTION 2. The Board approves administrative budget for the period July 1, 2012 through June 30, 2013 (attached hereto as Attachment “A”). SECTION 3.The Executive Director of the Successor Agency is hereby directed to carry out all other acts necessary and required by the Health & Safety Code and any other relevant law. Section 4 The Executive Director of the Successor Agency will remit the Administrative Budget to the Oversight Board for approval. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of Successor Agency to Community Redevelopment Agency of the City of Grand Terrace, held on this the 24th day of July 2012,by the following vote: AYES: NOES: None ABSENT: 8.C.a Packet Pg. 106 At t a c h m e n t : R e s o l u t i o n A d o p t i n g A d m i n i s t r a t i v e B u d g e t 7 - 1 - 1 2 t o 0 6 - 3 0 - 1 3 ( 1 1 0 9 : S A A d m i n i s t r a t i v e B u d g e t 0 7 / 0 1 / 1 2 t o 0 6 / 3 0 / 1 3 ) ABSTAIN:None __________________________ Chairman Successor Agency o the Community Redevelopment City of Grand Terrace Secretary, 8.C.a Packet Pg. 107 At t a c h m e n t : R e s o l u t i o n A d o p t i n g A d m i n i s t r a t i v e B u d g e t 7 - 1 - 1 2 t o 0 6 - 3 0 - 1 3 ( 1 1 0 9 : S A A d m i n i s t r a t i v e B u d g e t 0 7 / 0 1 / 1 2 t o 0 6 / 3 0 / 1 3 ) ATTACHMENT “A Administrative Budget For the Period July1, 2012 to June 30, 2013 8.C.a Packet Pg. 108 At t a c h m e n t : R e s o l u t i o n A d o p t i n g A d m i n i s t r a t i v e B u d g e t 7 - 1 - 1 2 t o 0 6 - 3 0 - 1 3 ( 1 1 0 9 : S A A d m i n i s t r a t i v e B u d g e t 0 7 / 0 1 / 1 2 t o 0 6 / 3 0 / 1 3 ) Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE -RR34 Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA Equivalent Equivalent FTE% Salary Benefits OTHER FY 2012-13 Description ADMIN COSTS Total Jul To Dec Dec 2012 Jan To Jun 2013 Total 1)Administrative Direct Labor 0.25 41,650 23,290 - 64,940 32,470 32,470 64,940$ 2)Administrative Direct Labor 0.50 55,970 30,130 - 86,100 43,050 43,050 86,100$ 3)Administrative Direct Labor 0.05 1,950 1,250 - 3,200 1,600 1,600 3,200$ 4)Administrative Direct Labor 0.25 14,250 8,800 - 23,050 11,525 11,525 23,050$ 5)Administrative Direct Labor 0.40 41,575 22,750 - 64,325 32,163 32,162 64,324$ 6)Administrative Direct Labor 0.10 4,860 2,800 - 7,660 3,830 3,830 7,660$ 7)Administrative Direct Labor 0.10 3,000 1,800 - 4,800 2,400 2,400 4,800$ Total FTE Salaries and Benefits 1.65 163,255 90,820 - 254,075 127,038 127,037 254,074$ Percentage of Overall City Payroll and Benefits 10.4% 10.9% 10.5% -$ -$ -$ 8)163,992 163,992 81,998 81,997 163,995$ 9)18,700 18,700 9,350 9,348 18,698$ Total Indirect Overhead Allocation 182,692 182,692 91,348 91,345 182,693$ -$ 10)Successor Agency Legal consulting - - - - -$ 11)Reporting and Administrative Services 35,000 35,000 10,000 25,000 35,000$ 12)Property Tax Reporting Services 8,000 8,000 4,000 4,000 8,000$ 13)Administrative supplies and costs 20,615 20,615 17,615 3,000 20,615$ 14)Due Diligence Reporting/Review - - - - -$ 15)Required annual auditing services 3,500 3,500 - 3,500 3,500$ Total Other 67,115 67,115 31,615 35,500 67,115$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 163,255 90,820 249,807 503,882 250,001 253,882 503,882 Code RPTTF REDEVELOPMENT PROPERTY TAX TRUST FUND 250,000 OTHER RESERVES, RENTS, INTEREST 253,882 Total Funding of Administrative Costs 503,882 Move to ROPS Form A Move to ROPS Form A ESTIMATED ADMINISTRATIVE COSTS FOR TAX ALLOCATION PERIOD JULY 1, 2012 TO June 30, 2013 SUCCESSOR AGENCY ADMINISTRATIVE BUDGET ESTIMATED ANNUAL FUNDING: Source Fiscal Year 2012-13 PERSONNEL (Direct Costs) City Manager Community Economic Development Director Dist Date Jun 1, 2012 Dist Date Jan 3, 2013 Community Economic Development Secretary City Clerk Finance Director OTHER ADMINISTRATIVE COSTS Indirect Overhead Allocation Sr. Account Technician Account Technician Total - Administrative Budget RSG HDL Various Various Rogers Anderson Malody Other Jones and Mayer Indirect Administrative Staff/ Administrative costs - 17% to CRA Indirect O/H Insurance costs - 17% to CRA ROPS -2 ROPS -3 8. C . b Pa c k e t P g . 1 0 9 Attachment: ROPS 3 Administrative Budget 7-1-12 to 6-30-13 (1109 : SA Administrative Budget 07/01/12 to 06/30/13)