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12/11/2012CITY OF GRAND TERRACE CITY COUNCIL AGENDA • DECEMBER 11, 2012 Council Chambers Regular Meeting 7:30 PM Grand Terrace Civic Center • 22795 Barton Road City of Grand Terrace Page 1 Updated 12/6/2012 4:55 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 Dante Marruffo, Azure Hills Seventh-Day Adventis 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 ¨¨¨ A.Declaration of Results for the November 6, 2012 Municipal Election B.Special Presentations to Outgoing Councilmembers Lee Ann Garcia and Gene Hays C.Swear In Newly Elected Council Members Darcy McNaboe, Sylvia Robles and Jackie Mitchell D.Selection of Mayor Pro Tempore Agenda Grand Terrace City Council December 11, 2012 City of Grand Terrace Page 2 Updated 12/6/2012 4:55 PM 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS 3.CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. A.Waive Full Reading of Full Ordinances on Agenda B.Approval of Check Register No. 12-11-2012 C.FPPC Regulation 18705.5 -Councilmembers Participation in Self-Appointments to Outside Boards and Commissions D.Extension of Agreement with the HdL Companies for Property Tax Consulting/Auditing Services E.Approval of Minutes –Special Meeting –11/13/2012 F.Approval of Minutes –Regular Meeting –11/13/2012 G.Approval of Minutes –Regular Meeting –11/27/2012 H.Accept Historical and Cultural Activities Committee Minutes of October 1, 2012 and November 5, 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 7.UNFINISHED BUSINESS 8.NEW BUSINESS A.Appointments to Regional Government Organizations B.Award a Professional Services Agreement to Willdan Financial Services for Finance Department Services C.County of San Bernardino Waste Delivery Agreement Agenda Grand Terrace City Council December 11, 2012 City of Grand Terrace Page 3 Updated 12/6/2012 4:55 PM 9.CLOSED SESSION ADJOURN The Next Regular City Council Meeting will be held on Tuesday, January 8, 2013 at 6:00 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:December 11, 2012 Council Item TITLE:Declaration of Results for the November 6, 2012 Municipal Election PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Adopt a Resolution declaring the results of the November 6, 2012 elections as certified by the San Bernardino County Registrar of Voters BACKGROUND: The City of Grand Terrace's November 6, 2012 Municipal Election for 3 Council Members was consolidated with the County of San Bernardino statewide General Election. In accordance with the Elections Code, the San Bernardino County Registrar of Voters completed the official canvass and issued the certified results on November 30, 2012. According to the certified election results, Darcy McNaboe, Jackie Mitchell and Sylvia Robles were elected to fill the three Council Member Seats each for a four year term. DISCUSSION: The Elections Code requires the City Council to adopt a resolution reciting the fact of the election and declare the result no later than the next regularly scheduled City Council Meeting following the presentation of the canvass of the returns, or at a special meeting called for this purpose. Adoption of the attached Resolution will satisfy the requirements to declare the results and authorize the swearing-in of the elected Council Members. FISCAL IMPACT: None ATTACHMENTS: ·Resolution -Certification of 2012 Election APPROVALS: Tracey Martinez Completed 12/05/2012 11:02 AM Finance Completed 12/05/2012 5:27 PM City Attorney Completed 12/06/2012 1:00 PM City Manager Completed 12/06/2012 1:09 PM A Packet Pg. 4 City Council Pending A Packet Pg. 5 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Grand terrace, California, on Tuesday, November 6, 2012, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that the election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A.” NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Per Election Code 10264, the City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) the measure voted for; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against the measure; (6) The total number of votes given to each person, and for and against each measure. (a) That the whole number of ballots cast in the precincts except vote by mail voter ballots was 2,510. That the whole number of voter by mail voter ballots cast in the City was 2,253, making a total of 4,763 ballots cast in the city. (b) The names of persons voted for at the election for three Members of the City Council are as follows: Lee Ann Garcia Jackie Mitchell Darcy McNaboe Sylvia A. Robles (c) The number of votes given at each precinct and the number of votes given in the City to each of the persons named above for the three Members of City A.a Packet Pg. 6 At t a c h m e n t : R e s o l u t i o n - C e r t i f i c a t i o n o f 2 0 1 2 E l e c t i o n ( 1 1 8 1 : E l e c t i o n R e s u l t s ) 2 Council for which the persons were candidates were as listed in the attached “Exhibit A.” (d) The City Council does declare and determine that Darcy McNaboe, Jackie Mitchell and Sylvia A. Robles were each elected as a Council Member for a four year term. SECTION 2. Per Election Code 10265, the City Clerk shall immediately make and deliver to each of the person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they were elected. SECTION 3. That the City Clerk shall certify to the passage and adopting of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 11th day of December, 2012. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of December, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracey R. Martinez, City Clerk APPROVED AS TO FORM: City Attorney A.a Packet Pg. 7 At t a c h m e n t : R e s o l u t i o n - C e r t i f i c a t i o n o f 2 0 1 2 E l e c t i o n ( 1 1 8 1 : E l e c t i o n R e s u l t s ) 3 Exhibit A A.a Packet Pg. 8 At t a c h m e n t : R e s o l u t i o n - C e r t i f i c a t i o n o f 2 0 1 2 E l e c t i o n ( 1 1 8 1 : E l e c t i o n R e s u l t s ) A.a Packet Pg. 9 At t a c h m e n t : R e s o l u t i o n - C e r t i f i c a t i o n o f 2 0 1 2 E l e c t i o n ( 1 1 8 1 : E l e c t i o n R e s u l t s ) 11/30/12 4:12 PM 100080 Re g i s t r a t i o n Ba l l o t s C a s t Tu r n o u t ( % ) LE E A N N G A R C I A JA C K I E M I T C H E L L DA R C Y M C N A B O E SY L V I A A . R O B L E S GRAND TERRACE - CITY COUNCIL SAN BERNARDINO COUNTY Statement of Vote PRESIDENTIAL GENERAL ELECTIONNovember 6,2012 469 of 1294 GRA0906 906 370 91 24.59 42 32 37 38 GRA0906 - Vote by Mail 370 100 27.03 42 40 52 58 GRA0907 907 1599 591 36.96 220 259 262 248 GRA0907 - Vote by Mail 1599 529 33.08 214 210 276 221 GRA0908 908 1544 664 43.01 236 291 307 283 GRA0908 - Vote by Mail 1544 593 38.41 260 278 337 283 GRA0909 909 1536 564 36.72 216 228 207 218 GRA0909 - Vote by Mail 1536 493 32.10 190 210 243 249 GRA0910 910 1427 568 39.80 228 279 270 238 GRA0910 - Vote by Mail 1427 493 34.55 225 270 278 245 GRA0911 911 55 23 41.82 9266 GRA0911 - Vote by Mail 55 23 41.82 98715 GRA0912 912 4 4 100.00 1344*********** Insufficient Turnout to Protect Voter Privacy ********* GRA0912 - Vote by Mail 4 0 0.00 0000 GRA0913 913 30 5 16.67 1111 GRA0913 - Vote by Mail 30 22 73.33 12 13 11 9 Precinct Totals 6565 2510 38.23 953 1095 1094 1036 Vote by Mail Totals 6565 2253 34.32 952 1029 1204 1080 Grand Totals 6565 4763 72.55 1905 2124 2298 2116 CALIFORNIA 6565 4763 72.55 1905 2124 2298 2116 San Bernardino County 6565 4763 72.55 1905 2124 2298 2116 State Bd of Equal 4 6565 4763 72.55 1905 2124 2298 2116 Congressional District 31 6565 4763 72.55 1905 2124 2298 2116 Senatorial District 20 6565 4763 72.55 1905 2124 2298 2116 Assembly District 47 6565 4763 72.55 1905 2124 2298 2116 Supervisorial District 3 6565 4763 72.55 1905 2124 2298 2116 City of Grand Terrace 6565 4763 72.55 1905 2124 2298 2116 A.a Packet Pg. 10 At t a c h m e n t : R e s o l u t i o n - C e r t i f i c a t i o n o f 2 0 1 2 E l e c t i o n ( 1 1 8 1 : E l e c t i o n R e s u l t s ) AGENDA REPORT MEETING DATE:December 11, 2012 Council Item TITLE:Selection of Mayor Pro Tempore PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Select a Council Member to serve as Mayor Pro Tempore for a term of two years until the next regular election. BACKGROUND: Historically the City Council has selected a member of the City Council to serve as Mayor and Mayor Pro Tempore every two years following the regular municipal election date. As a result of a ballot initiative in November 2004,the office of Mayor became a directly elected position and, therefore, it is only necessary to select a Mayor Pro Tempore from among the Members of the City Council. DISCUSSION: Government Code Section 36804 provides the following: 36804: The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. It is staff’s recommendation that the Council select amongst themselves a Mayor Pro Tempore for a term of two years until the next regular election. FISCAL IMPACT: None APPROVALS: Tracey Martinez Completed 12/05/2012 11:23 AM Finance Completed 12/05/2012 5:29 PM City Attorney Completed 12/06/2012 1:02 PM City Manager Completed 12/06/2012 1:04 PM City Council Pending D Packet Pg. 11 AGENDA REPORT MEETING DATE:December 11, 2012 Council Item TITLE:Approval of Check Register No. 12-11-2012 PRESENTED BY:Steve Elam, Interim Finance Director RECOMMENDATION:Approve Attached Check Register as Submitted, which includes the Check Register Account Index and Voucher Listings for Fiscal Year 2012-13. BACKGROUND: The Check Register for December 11,2012 is presented in accordance with Government Code §37202. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart 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 a budgetary impact. A total of $273,960.56 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Voucher List. Payroll costs for the period amounted to $56,197.22 and are summarized below. Some of the non-routine items include: 68762 Uncle Jerry’s T’s Child Care Holiday Fundraiser $1,553.40 68770 Albert A. Webb Associates August Construction Support for Barton Road Median $336.00 68771 Ambient Environmental Asbestos and Lead Survey for 21992 DeBerry Street $600.00 68787 IBF Printing & Graphics Parking Citation Books $781.66 68802 Standard Chair of Gardner Gift for outgoing Council Member $296.00 68804 Tim’s Mobile Truck Repair Repairs to CAT Model #416D $1,451.39 Some the larger items include: 68758 Roquet Paving Inc Replace/repair various sidewalks throughout the City $61,017.34 68791 Jones & Mayer October Legal Services $10,881.39 68798 Rogers, Anderson, Malody, Scott Progress billing for Successor Agency Due Diligence Review -LMIHF $4,700.00 3.B Packet Pg. 12 68800 S.B. County Sheriff December Law Enforcement Services $144,000.00 Payroll costs processed for the period ending October 23, 2012 are as follows: Date Period Payroll and related costs 10/12/12 Biweekly $56,197.92 FISCAL IMPACT: All disbursements are made in accordance with the Adopted Budget for Fiscal Year 2012-13. ATTACHMENTS: ·Check Register ·Check Register Account Index APPROVALS: Steve Elam Completed 12/05/2012 10:03 AM Finance Completed 12/05/2012 10:03 AM City Attorney Completed 12/05/2012 5:22 PM City Manager Completed 12/06/2012 10:12 AM City Council Pending 3.B Packet Pg. 13 12/04/2012 Voucher List CITY OF GRAND TERRACE 1 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68756 11/27/2012 010693 ARROWHEAD UNITED WAY PRend11/09&11/23/12Contributions for PR end 11/09 & 10-022-65-00 35.00 Total : 35.00 68757 11/27/2012 011206 AUL 3121 TRUST PRending11/09&11/23Contributions for PR ending 11/09 & 10-022-68-00 499.06 Total : 499.06 68758 11/28/2012 006335 ROQUET PAVING INC.1005-12 Replace/repair various city sidewalks 46-900-302-000-000 61,017.34 Total : 61,017.34 68759 11/29/2012 001213 AT & T Nov 2012 Oct/Nov Phones & Internet Srvs 09-440-235-000-000 88.89 10-190-235-000-000 486.02 Total : 574.91 68760 11/29/2012 001206 ARROWHEAD CREDIT UNION Oct-Nov 2012 Oct/Nov Visa Charges 23-200-14-00 C.Care Halloween Parade Supplies 118.25 09-440-210-000-000 C.Care Office Supplies 71.01 10-120-270-000-000 Flight-Sacramento meeting (Adams) 301.60 10-110-270-000-000 Flight-Sacramento meeting (Stanckiewitz) 301.60 10-190-250-000-000 Performance Evaluation Software 1,500.00 Total : 2,292.46 68761 11/29/2012 001907 COSTCO #478 0478 14 0034 74 CHILD CARE SUPPLIES 09-440-220-000-000 252.75 Total : 252.75 68762 11/29/2012 010608 UNCLE JERRY'S T'S 11022012 Child Care Holiday Fundraiser 23-200-14-00 1,553.40 Total : 1,553.40 68763 11/29/2012 002727 J.R. FREEMAN COMPANY 11282012 Inv 496085-0 10/22/12 Office Supplies 10-125-210-000-000 75.21 Total : 75.21 1Page: 3.B.a Packet Pg. 14 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 2 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68764 11/29/2012 005702 PUBLIC EMPLOYEES' RETIREMENT December PERS HealthDecember PERS Health Insurance for 10-022-61-00 5,209.34 10-120-142-000-000 561.00 10-125-142-000-000 329.44 10-140-142-000-000 658.87 10-175-142-000-000 592.98 09-440-142-000-000 2,325.05 10-185-142-000-000 131.77 10-190-265-000-000 37.44 10-370-142-000-000 614.95 10-450-142-000-000 175.70 10-625-142-000-000 199.85 16-175-142-000-000 549.08 21-175-142-000-000 307.48 21-625-142-000-000 85.67 32-200-142-000-000 351.40 10-172-142-000-000 461.20 10-380-142-000-000 439.25 Total : 13,030.47 68765 11/29/2012 011196 FIDELITY SECURITY LIFE Dec.EmpPaidVisionDec. Emp Paid Vision Insurance 10-022-61-00 112.72 Total : 112.72 68766 11/29/2012 011194 AMERICAN FIDELITY ASSURANCE CO DecEmpPaid Acc Dec. Emp Paid Accident/Supp Life/ Supp 23-250-20-00 591.92 Total : 591.92 68767 11/29/2012 011206 AUL 3121 TRUST PRend 11/09&11/23/12Contributions for PRend 11/09 & 11/23/12 10-022-68-00 499.06 Total : 499.06 68768 11/29/2012 010164 GREAT-WEST PRend 11/09-11/23/12Employee Deferred Compensation PR 10-022-63-00 6,175.15 Total : 6,175.15 68769 11/29/2012 010693 ARROWHEAD UNITED WAY PRend11/09&11/23/12Contributions for PRend 11/09 & 11/23/12 10-022-65-00 35.00 2Page: 3.B.a Packet Pg. 15 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 3 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 35.00 68769 11/29/2012 010693 ARROWHEAD UNITED WAY 68770 12/11/2012 011143 ALBERT A. WEBB ASSOCIATES 123063 Construction Support-Barton Rd Median 23-302-80-10 336.00 Total : 336.00 68771 12/11/2012 011255 AMBIENT ENVIRONMENTAL, INC 4450 Asbestos/Lead Survey-21992 DeBerry 32-370-255-000-000 600.00 Total : 600.00 68772 12/11/2012 010444 AN-WIL BAG COMPANY 36127 COLD PATCH ASPHALT & SANDBAGS 16-900-257-000-000 538.53 Total : 538.53 68773 12/11/2012 010293 AVAYA, INC.2732232233 NOV/DEC PHONE & VOICEMAIL MAINT 10-190-246-000-000 183.46 Total : 183.46 68774 12/11/2012 001683 CA. STATE DEPT OF CONSERVATION 2012-13 1st Qtr 1st Qtr Strong Motion Mapping Fees 10-700-01 -2.26 23-200-21-00 45.24 Total : 42.98 68775 12/11/2012 001810 CITY NEWSPAPER GROUP 16796 NOTICE-PLANNING COMMISSION APPLICATIONS 10-125-230-000-000 55.04 Total : 55.04 68776 12/11/2012 002905 CITY OF GRAND TERRACE 12042012 Replenish Petty Cash 10-110-220-000-000 10.83 10-172-271-000-000 61.86 10-175-210-000-000 5.90 10-175-218-000-000 33.28 10-175-272-000-000 81.02 10-190-220-000-000 229.27 10-195-245-000-000 22.62 10-804-210-000-000 8.88 16-900-220-000-000 15.37 10-190-209-000-000 41.58 3Page: 3.B.a Packet Pg. 16 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 4 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 510.61 68776 12/11/2012 002905 CITY OF GRAND TERRACE 68777 12/11/2012 006435 CITY OF SAN BERNARDINO 2013-10000038 NOVEMBER ANIMAL CONTROL SERVICES 10-187-256-000-000 8,682.00 Total : 8,682.00 68778 12/11/2012 010866 CIVIC PLUS 102550 DEC WEBSITE MAINT FEE 10-125-250-000-000 671.82 Total : 671.82 68779 12/11/2012 001942 DATA TICKET INC.44005 Oct Parking Cite Processing Services 10-140-255-000-000 307.50 Total : 307.50 68780 12/11/2012 011061 EZ SUNNYDAY LANDSCAPE 2181 November Park Maintenance 10-450-255-000-000 3,165.00 Total : 3,165.00 68781 12/11/2012 002740 FRUIT GROWERS SUPPLY 91134900 Maintenance Supplies 10-450-245-000-000 7.51 91138804 Maintenance Supplies 10-450-245-000-000 17.68 Total : 25.19 68782 12/11/2012 002901 G.T. AREA CHAMBER OF COMMERCE 7120-RDA NOVEMBER CONSULTANT SERVICES 32-370-255-000-000 860.00 Total : 860.00 68783 12/11/2012 002795 GARCIA, LEE ANN Dec 2012 Dec Health Insurance Reim-Garcia 10-110-142-000-000 439.25 Total : 439.25 68784 12/11/2012 011040 GOVERNMENT STAFFING SVCS INC 123527 Temp Sr Acct Tech 11/5/12-11/18/12 10-140-111-000-000 1,995.00 Total : 1,995.00 68785 12/11/2012 010944 HERSHEY BUSINESS PRODUCTS 108185 HP3500 Machine Repairs/Maint 10-120-246-000-000 105.00 4Page: 3.B.a Packet Pg. 17 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 5 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 105.00 68785 12/11/2012 010944 HERSHEY BUSINESS PRODUCTS 68786 12/11/2012 003224 HYDRO-SCAPE PRODUCTS INC.7386122-00 Maintenance Supplies 10-450-245-000-000 16.87 Total : 16.87 68787 12/11/2012 010032 IBF PRINTING & GRAPHICS 25352 Parking Citation Books 10-140-219-000-000 781.66 Total : 781.66 68788 12/11/2012 011235 IQM2 INC.3899 NOV MINUTETRAQ MAINTENANCE 10-125-250-000-000 550.00 Total : 550.00 68789 12/11/2012 002727 J.R. FREEMAN COMPANY 498482-0 Council Chambers Name Plates 10-110-210-000-000 32.22 10-140-210-000-000 16.11 Total : 48.33 68790 12/11/2012 011211 JAN-PRO CLEANING SYSTEMS 33722 November Janitorial Services 10-195-245-000-000 441.00 10-450-245-000-000 334.00 Total : 775.00 68791 12/11/2012 011216 JONES & MAYER 61476 October GT Litigation 10-160-250-100-000 909.89 61479 October Retainer 10-160-250-000-000 7,973.50 61480 October Code Enforcement Issue 10-160-250-000-000 1,998.00 Total : 10,881.39 68792 12/11/2012 010611 MCNABOE, DARCY Dec 2012 Dec Health Ins Reim-McNaboe 10-110-142-000-000 303.00 Total : 303.00 68793 12/11/2012 010097 NEXTEL COMMUNICATIONS 410575025-123 Oct/Nov Wireless Svc-Maint/C.Care 5Page: 3.B.a Packet Pg. 18 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 6 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68793 12/11/2012 (Continued)010097 NEXTEL COMMUNICATIONS 10-175-240-000-000 221.49 09-440-235-000-000 16.96 Total : 238.45 68794 12/11/2012 005400 OFFICE DEPOT 632601167001 Binders for Council Members 10-110-210-000-000 63.52 632881999001 Office Supplies 10-140-210-000-000 73.41 632882070001 Office Supplies 10-140-210-000-000 135.74 633050364001 Office Supplies 10-172-210-000-000 21.10 633050465001 Office Supplies 10-172-210-000-000 36.87 Total : 330.64 68795 12/11/2012 011218 PAY PLUS SOLUTIONS, INC.2124 Nov CalPers Reporting Administration 10-140-255-010-000 97.00 Total : 97.00 68796 12/11/2012 006285 RIVERSIDE HIGHLAND WATER CO 2307 Oct/Nov Sewer Billing 21-572-255-000-000 160.39 Total : 160.39 68797 12/11/2012 006310 ROADRUNNER SELF STORAGE INC.15187 NOVEMBER STORAGE RENTAL 10-140-241-000-000 119.00 Total : 119.00 68798 12/11/2012 010249 ROGERS, ANDERSON, MALODY ET AL 36911 Successor Agency Due Diligence Review 34-140-250-000-000 4,700.00 Total : 4,700.00 68799 12/11/2012 006510 S.B. COUNTY INFORMATION 14015 October Pager Access 10-175-240-000-000 9.00 Total : 9.00 6Page: 3.B.a Packet Pg. 19 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 7 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 68800 12/11/2012 006531 S.B. COUNTY SHERIFF 12308 December Law Enforcement Services 10-410-255-000-000 3,924.00 10-410-256-000-000 131,743.00 14-411-256-000-000 8,333.00 Total : 144,000.00 68801 12/11/2012 011071 STANCKIEWITZ, W.Dec 2012 Dec Health Insurance Reim-Stanckiewitz 10-110-142-000-000 439.25 Total : 439.25 68802 12/11/2012 006775 STANDARD CHAIR OF GARDNER INV197328 Gift for Outgoing Council Member 10-110-220-000-000 296.00 Total : 296.00 68803 12/11/2012 006898 SYSCO FOOD SERVICES OF L.A.211200766 7 C. CARE FOOD/SUPPLIES 09-440-220-000-000 837.69 Total : 837.69 68804 12/11/2012 011009 TIM'S MOBILE TRUCK REPAIR 16437 Repairs to CAT Model # 416D 10-175-272-000-000 1,451.39 Total : 1,451.39 68805 12/11/2012 007034 TRANSPORTATION ENGINEERING 1251 October Traffic Engineering Services 10-175-250-000-000 2,358.40 Total : 2,358.40 68806 12/11/2012 007987 XEROX CORPORATION 065282275 NOVEMBER WC5755A XEROX COPIER LEASE 10-190-700-000-000 305.27 Total : 305.27 Bank total : 273,960.56 51 Vouchers for bank code :bofa 273,960.56Total vouchers :Vouchers in this report 51 7Page: 3.B.a Packet Pg. 20 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) 12/04/2012 Voucher List CITY OF GRAND TERRACE 8 4:41:40PM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 8Page: 3.B.a Packet Pg. 21 At t a c h m e n t : C h e c k R e g i s t e r ( 1 1 8 0 : C h e c k R e g i s t e r N o . 1 2 - 1 1 - 2 0 1 2 ) City of Grand Terrace Check Register Index FD No.Fund Name Dept No.Department Name General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN 11 STREET FUND 125 CITY CLERK 140 RETIREMENT 12 STORM DRAIN FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE 13 PARK FUND 160 CITY ATTORNEY 143 WORKERS' COMPENSATION 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 138/141 MEDICARE / SUI 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 16 GAS TAX FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 17 TRAFFIC SAFETY FUND/ TDA FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 19 FACILITIES DEVELOPMENT FUND 187 ENFORCEMENT PROGRAM 230 ADVERTISING 20 MEASURE I FUND 190 GENERAL GOVERNMENT (NON-DEPT) 235 COMMUNICATIONS 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 238-239 UTILITIES 22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY & ECONOMIC DEV 240-242 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 245-246 MAINT BLDG GRNDS EQUIPMNT 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 250-251 PROFESSIONAL SERVICES 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 255-256 CONTRACTUAL SERVICES 47 BARTON RD. BRIDGE PROJECT 440 CHILD CARE 260 INSURANCE & SURETY BONDS 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 268 TRAINING 34 CRA-LOW & MOD HOUSING 801 PLANNING COMMISSION 270 TRAVEL/CONFERENCES/MTGS 802 CRIME PREVENTION UNIT 272 FUEL & VEHICLE MAINTENANCE 804 HISTORICAL & CULTURAL COMM. 570 WASTEWATER TREATMENT 805 SENIOR CITIZENS PROGRAM 33-300 DEBT SERVICE 807 PARKS & REC COMMITTEE 7XX FACILITIES IMPRV (NO CIP) 808 EMERGENCY OPERATIONS PROG. 700 COMPUTER-RELATED 701 VEHICLES & EQUIPMENT 3. B . b Pa c k e t P g . 2 2 Attachment: Check Register Account Index (1180 : Check Register No. 12-11-2012) AGENDA REPORT MEETING DATE:December 11, 2012 Council Item TITLE:FPPC Regulation 18705.5 -Councilmembers Participation in Self-Appointments to Outside Boards and Commissions PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Adopt a Resolution Adopting and Approving the FPPC (Fair Political Practices Commission) Form 806 BACKGROUND: FPPC Regulation 18705.5 generally prohibits Councilmembers from participating in the decision to appoint themselves to compensated non-City commissions or boards unless the following conditions are satisfied: 1.The governmental decision is one in which his or her appointment as an officer of the body of which he or she is a member (e.g., an appointment to the office of the mayor or deputy mayor) OR to a committee,board or commission of a public agency, a special district, a joint powers agency or authority, a joint powers insurance agency or authority, or a metropolitan planning organization. 2.The appointment is one required to be made by Council pursuant to either state law, local law, or a joint powers agreement. This condition will only be met if Council is, in one of the previously mentioned ways, required to appoint a council member representative to a non-City commission or board. 3.Council adopts and posts on its website, on a form provided by the FPPC (form 806), a list that sets forth each appointed position for which compensation is paid, the salary or stipend for each appointed position, the name of the Councilmember who has been appointed to the position and the name of the public official, if any, who has been appointed as an alternate, and the term of the position. Form 806 must be posted on the City's website prior to a vote being taken to appoint a councilmember to a paid position to another agency.. DISCUSSION: Staff has posted FPPC Form 806 as required by regulation 18705.5 on the City's website and is recommending that Council adopt and approve the form. Under New Business on this Agenda, Council will be considering appointments to Regional Government Organizations of which two of the appointments are compensated with a stipend. With the adoption and approval of the attached Form 806 and the posting of it on the website, we will be in compliance with the conditions that have been set in FPPC Regulation 18705.5. Once Council makes their appointments to 3.C Packet Pg. 23 the various organizations, staff will once again bring an updated form 806 for Council adoption and approval to ensure compliance with the FPPC's regulation. FISCAL IMPACT: None ATTACHMENTS: ·Resolution -18705.5 APPROVALS: Tracey Martinez Completed 12/06/2012 8:24 AM Finance Completed 12/06/2012 9:14 AM City Attorney Completed 12/06/2012 12:00 PM City Manager Completed 12/06/2012 12:08 PM City Council Pending 3.C Packet Pg. 24 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING FORM 806 PURSUANT TO SECTION 18705.5 OF TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS WHEREAS, section 18705.5 of Title 2 of the California Code of Regulations (“Regulation 18705.5”) generally prohibits a City Councilmembers from participating in, influencing, and attempting to influence the decision regarding their own appointments to governing bodies of non-City governmental legislative bodies in which compensation is provided; WHEREAS, Regulation 18705.5 provides for an exception which permits City Councilmembers to participate in, influence, and attempt to influence such a decision if (1) the appointment is one in which his or her appointment as an officer of the body of which he or she is a OR to a committee, board or commission of a public agency, a special district, a joint powers agency or authority, a joint powers insurance agency or authority, or a metropolitan planning organization; (2) the appointment is one required to be made by Council pursuant to either state law, local law, or a joint powers agreement; and (3) the City Council adopts and posts on its website, Form 806 distributed by the Fair Political Practices Commission (“FPPC”); WHEREAS, conditions (1) and (2) above have been satisfied; WHEREAS, in order to satisfy condition (3), the City Council desires to adopt Form 806 attached hereto as Attachment “1.” NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. SECTION 2. Form 806, attached hereto in Attachment “1,” is hereby approved and adopted by the City Council in substantially the same form as attached. SECTION 3. The City Manager is hereby authorized and directed to take all actions necessary to carry out this Resolution in compliance with Regulation 18705.5 and any other relevant law. This includes, but is not limited to, posting of Form 806 on the City of Grand Terrace’s website, and to make any amendments to Form 806 as may be required and permitted by law. SECTION 4. The Clerk shall certify to the adoption of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its adoption. 3.C.a Packet Pg. 25 At t a c h m e n t : R e s o l u t i o n - 1 8 7 0 5 . 5 ( 1 1 8 3 : F P P C R e g u l a t i o n 1 8 7 0 5 . 5 ) PASSED, APPROVED, AND ADOPTED this 11th day of December, 2012. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace I, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of December, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracey R. Martinez, City Clerk APPROVED AS TO FORM: City Attorney 3.C.a Packet Pg. 26 At t a c h m e n t : R e s o l u t i o n - 1 8 7 0 5 . 5 ( 1 1 8 3 : F P P C R e g u l a t i o n 1 8 7 0 5 . 5 ) ATTACHMENT 1 3.C.a Packet Pg. 27 At t a c h m e n t : R e s o l u t i o n - 1 8 7 0 5 . 5 ( 1 1 8 3 : F P P C R e g u l a t i o n 1 8 7 0 5 . 5 ) Sign re of Agency ead or Designee Betsy M Adams Print Name City Manager Title 12/05/2012 (Month. Day Year) Agency Report of: Public Official Appointments A Public Document 1.Agency Name City of Grand Terrace California 806 Form For Official Use Only Division, Department, or Region (If Applicable) Betsy M Adams, City Manager Designated Agency Contact (Name. Title) Page 1 of 1 Date Posted: 12-05-2012 Area Code/Phone Number 909 430-2245 E-mail badams@cityofgrandterrace.org (Month Day Year 2.Appointments Agency Boards and Commissions Name of Appointed Person Appt Date and Length of Term Per Meeting/Annual Salary/Stipend San Bernardino Associated Governments Board of Directors (SANBAG) ►Name Stanckiewitz, Walt ► 0 Per Meeting: ,, 100.00/200.00 ►Estimated Annual: Adams, Betsy Alternate, if any 2 • $o-$1,000 • $2,001-$3,000 q $1,001-$2,000 El 3700.00 Omnitrans Board of Directors ►Name Lee Ann Garcia ► ► 12 / 21 / 10 n Per Meeting: $ 125.00 ►Estimated Annual: Darcy McNaboe Alternate, if any Apot Gate 2 n $o-$1,000 ID $2,001-$3,000 Length o- Te•,, IMI $1,001-$2,000 U Other Omnitrans Administrative and Finance Committee Lee Ann Garcia ►Name ► 12 / 21 / 10 125.00 n Per Meeting: $ .., . , Alternate, if any Appt Date 2 ►Estimated Annual: 0 $0-$1,000 III $2,001-$3,000 In $1,001-$2,000 q Other /Name ► / / ►Per Meeting: $ 1 Estimated Annual: Alternate, if any ► q $0-$1,000 III $2,001-$3,000 q $1,001-$2,000 U Other 3. Verification I have read and un erstand FPPC Regulation 18705.5. I have verified that the appointment and information identified above is true to the best of my information and belief Comment FPPC Form 806 (5/12) FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772) 3.C.a Packet Pg. 28 At t a c h m e n t : R e s o l u t i o n - 1 8 7 0 5 . 5 ( 1 1 8 3 : F P P C R e g u l a t i o n 1 8 7 0 5 . 5 ) AGENDA REPORT MEETING DATE:December 11, 2012 Successor Agency Item TITLE:Extension of Agreement with the HdL Companies for Property Tax Consulting/Auditing Services PRESENTED BY:Steve Elam, Interim Finance Director RECOMMENDATION:Approve the attached Professional Consultant Services Agreement with The HdL Companies to extend Property Tax Consulting/Auditing Services through June 30, 2014. BACKGROUND: The Community Redevelopment Agency (CRA) entered into a Professional Consultant Services Agreement with The HdL Companies (HdL Coren & Cone) on February 23, 2010 for consultant services related to property tax consulting and auditing services. The agreement had an expiration date of June 30, 2012, along with a provision allowing a two-year extension at the discretion of the Agency Executive Director. With the dissolution of the CRA effective February 1, 2012, it is advisable for the Agreement to be extended by action of the Successor Agency and Oversight Board. DISCUSSION: HdL Coren & Cone (HdL) is a recognized expert in providing property tax consulting and auditing services to cities and successor agencies throughout California. Their services are extensive and are enumerated in Exhibit ”A” of the proposed Agreement. Utilization of outside expertise such as HdL will help to ensure that property tax revenues due the City and Successor Agency are received and properly allocated. Additionally, HdL provides extensive reports and analyses that are vital in preparing revenue projections used in budgeting and long-range forecasting. Services specific to the Successor Agency include: § Tax increment projections; § Cash flows for the Successor Agency by project area; § Assistance with Recognized Obligation Payment Schedules (ROPS); § Estimates of property tax revenues to be received by the taxing entities from former project areas; § Monitoring of the County distribution of tax-sharing revenues to the taxing entities of the former CRA; and § Assessment of resources available to the Successor Agency to meet the long-term obligations of the former CRA. 3.D Packet Pg. 29 In addition to the above services, HdL provides its clients with a web-based software application to access its proprietary property tax data, which further facilitates analysis. The cost of the services provided under the proposed Agreement are an annual fixed fee of $2,500, plus a contingency fee of 25% of net tax increment, property tax revenue or other revenues that result from HdL’s audit services. Upon approval of the proposed Agreement by the Successor Agency, it will be submitted to the Oversight Board for approval on December 19, 2012. FISCAL IMPACT: Funds for the proposed Agreement have been included in the Successor Agency’s adopted budget for FY 2012-13 (account 32-370-255); and also included in the Recognized Obligation Payment Schedule for January 1, 2013 through June 30, 2013 (ROPS 3). ATTACHMENTS: ·Property Tax Professional Consultant Services Agreement APPROVALS: Steve Elam Completed 12/05/2012 6:42 PM Finance Completed 12/05/2012 6:43 PM City Attorney Completed 12/06/2012 11:08 AM City Manager Completed 12/06/2012 11:11 AM City Council Pending 3.D Packet Pg. 30 1 PROFESSIONAL CONSULTANT SERVICES AGREEMENT The HdL Companies Property Tax Consulting/Audit Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this _____ day of ___________, (“Effective Date”) by and between the SUCCESSOR AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE (“Agency”), a public entity, and HdL Coren & Cone, a California Corporation, ("Consultant"). RECITALS WHEREAS, ABX1 26 and AB 1484 (“Dissolution Bills”) dissolved all redevelopment agencies in the State of California; WHEREAS, the City of Grand Terrace (“City”) opted-in to becoming the successor agency of the Community Redevelopment Agency of the City of Grand Terrace and, as successor agency pursuant to ABX1 26 and AB 1484, has assumed all assets, rights, obligations, liabilities, and other similar rights of the Community Redevelopment Agency of the City of Grand Terrace (“Former-RDA”); WHEREAS, because it opted to assume all assets, rights, obligations, liabilities, and other similar rights of the Former-RDA, the City formed the Agency; WHEREAS, on February 23, 2010, the Former-RDA entered into a valid agreement with Consultant for the purpose of providing Property Tax Consulting/Audit Services (“Former- Agreement”),which is on file with the Grand Terrace City Clerk; WHEREAS, the Former-Agreement provides the Executive Director of the Former-RDA with discretion to exercise an option to extend the Former-Agreement by up to two years; WHEREAS, the Agency, as successor to the Former-RDA pursuant to the Dissolution Bills, intends, through this Agreement, to exercise the option to extend the Former-Agreement by up to two years and to amend the Former-Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit “A”, “Scope of Services and Fees”, attached hereto and incorporated herein by reference, in conjunction with Property Tax Consulting/Audit Services (“Services”). 3.D.a Packet Pg. 31 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 2 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit “A” and the Agreement shall remain in effect until June 30, 2014, unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended up to two years at the discretion of the Agency Executive Director. 3. Compensation/Payment. 3.1 Base Fixed Fee Services. Consultant shall perform the Services under this Agreement for an annual fee of $2,500.00 (Two Thousand Five Hundred Dollars) for services set forth in Exhibit “A”. Said payment shall be made in accordance with the Agency's usual accounting procedures upon receipt and approval of an invoice setting forth the services performed. The invoices shall be delivered to the Agency at the address set forth in Section 4 hereof. 3.2 Base Contingent Fee Services. For Base Services pursuant to Exhibit “A” which are payable on a contingent basis, Consultant may receive 25 percent of net tax increment property tax revenue or other revenues attributable to the Agency, City of Grand Terrace departments, districts, or funds recovered or reallocated which are directly or indirectly the result of an audit, analysis or consultation performed by Consultant (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation reviews). In order to receive the Base Contingent Fee, Consultant shall separate and support said reallocation and provide Agency with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. Consultant shall also submit evidence that corrections have been made by the appropriate agency which has or will result in amounts due as a result of revenue recovery or allocation. Such documentation shall be delivered to the Agency at the address set forth in Section 4 hereof. Upon such a submission of the itemized invoice and evidence described above, the Agency shall include the Base Contingent Fee in the Recognized Obligation Payment Schedule (“ROPS”) for the next ROPS period, pursuant to the Health & Safety Code, in addition to any fee payable under this Agreement. Payment of the Base Contingent Fee shall not occur until the California Department of Finance approves the Base Contingent Fee as an enforceable obligation, as defined by the Health & Safety Code, which is properly listed on a ROPS and until such tax increment has been allocated to the Agency by the San Bernardino County Auditor-Controller for the purpose of payment of the Base Contingent Fee on the relevant ROPS. 3.3 Optional Services. Fees for Optional Services which are not provided for under Exhibit “A” shall be billed at the following hourly rates: Partner $225 per hour Principal $195 per hour Associate $150 per hour Senior Analyst $100 per hour 3.D.a Packet Pg. 32 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 3 Analyst $ 65 per hour Administrative $ 45 per hour Hourly rates are exclusive of expenses and are subject to adjustment by Consultant annually. On July 1st of each year Consultant shall provide Agency with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year. In addition, expenses for Optional Services shall be billed at 1.15 times actual incurred costs. In order to receive payment of any fee for Optional Services, Consultant shall provide a separate itemized invoice to the Agency showing all amounts due as a result of Optional Services performed. Such documentation shall be delivered to the Agency at the address set forth in Section 4 hereof. Upon such a submission of the itemized invoice described above, the Agency shall include such fees in the Recognized Obligation Payment Schedule (“ROPS”) for the next ROPS period, pursuant to the Health & Safety Code, in addition to the any fee payable under this Agreement. Payment of the fee for Optional Services shall not occur until the California Department of Finance approves such a fee as an enforceable obligation, as defined by the Health & Safety Code, which is properly listed on a ROPS and until such tax increment has been allocated by the San Bernardino County Auditor-Controller to the Agency for the purpose of payment of such fees for Optional Services on the relevant ROPS. 3.4 Payment for any Services Provided Contingent upon Approval as an Enforceable Obligation. Notwithstanding the forgoing, Consultant acknowledges and agrees payment of any fees described above may be contingent upon approval thereof as an enforceable obligation listed on a ROPS, and that such approvals are made by the Oversight Board for the Agency, the California Department of Finance, and various other relevant public agencies. In the event that the Oversight Board for the Agency, the California Department of Finance, or any other relevant public agency determines that such fees, or any portion thereof, are not an enforceable obligation that is properly listed on a ROPS, Consultant will not be entitled to payment of such fees unless a court of competent jurisdiction overturns such a determination. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agency: Successor Agency to the Grand Terrace Redevelopment Agency Attn: Finance Director 22795 Barton Road Grand Terrace, California 92313 To Consultant: HdL Coren & Cone Attn: Paula J. Cone 1340 Valley Vista Drive #200 Diamond Bar, California 91765 3.D.a Packet Pg. 33 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 4 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by the applicable governing body of the Agency. The Director’s determination is on file and open to inspection in the office of the Secretary of the Successor Agency, or the Agency’s equivalent office, and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant’s profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit “B” attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Agency’s Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require Agency Manager and/or Agency Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the Agency. Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Consultant, or to Consultant’s employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 3.D.a Packet Pg. 34 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 5 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the Agency may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. Except as to the sole negligence or willful misconduct of the Consultant, Agency shall defend, indemnify and hold the Consultant, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Agency. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Agency and its employees, subcontractors or agents. 11.2 PERS Eligibility Indemnification. Except as otherwise stated in this Agreement, Consultant, its employees, agents, or subcontractors will not be eligible for any paid benefits for federal, social security, state workers’ compensation, unemployment insurance, professional insurance, medical/dental, retirement PERS or fringe benefits offered by the Agency or City of Grand Terrace. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the Agency or the City of Grand Terrace, Consultant shall indemnify, defend, and hold harmless Agency and City of Grand Terrace for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Agency or City of Grand Terrace. 12. Insurance. 12.1 General Provisions. Prior to the Agency’s execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency’s Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 3.D.a Packet Pg. 35 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 6 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The Agency, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. 12.2 Workers’ Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant 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. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers’ Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with Agency. Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Automobile Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, automobile liability insurance as required to insure Consultant 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 Consultant. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Consultant’s insurance policies. 12.3.1 Consultant’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant’s performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, 3.D.a Packet Pg. 36 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 7 Consultant leased vehicles, Consultant’s employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.2 Prior to Agency's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the Successor Agency of Community Redevelopment Agency of the City of Grand Terrace, the City of Grand Terrace and their officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the Successor Agency of Community Redevelopment Agency of the City of Grand Terrace and the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to Agency’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the Agency from claims resulting from the Consultant’s activities. 12.5 Subcontractors’ Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors’ scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation (except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon Agency’s request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Services. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant 3.D.a Packet Pg. 37 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 8 to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency’s Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency’s name or insignia, photographs of the Services, or any publicity pertaining to the Services or the Services in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the Agency. 18. Ownership of Documents. All contracts and invoices prepared under this Agreement by Consultant shall be and remain the property of Agency upon Agency's compensation to Consultant for its services as herein provided. Consultant shall not release to others information furnished by Agency without prior express written approval of Agency. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit “B”, represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Services affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit “B” have any real property, business interests or income interests that will be affected by these services or, alternatively, that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 3.D.a Packet Pg. 38 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 9 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant’s services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the Agency’s rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 Agency may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 Agency decides to abandon or postpone the Services. 24. Successors and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 25. Venue and Attorneys' Fees. Except as otherwise provided by Parts 1.80 and 1.85 of the Health & Safety Code, any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 26. Nondiscrimination. During Consultant’s performance of this Agreement, Consultant 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 3.D.a Packet Pg. 39 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 10 Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 27. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 28. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 29. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 30. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 30.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 30.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit “A” hereto, the terms contained in Exhibit “A” shall be controlling. 32. Redevelopment Dissolution Disclaimer. Consultant acknowledges and agrees that the Agency’s approval of this Agreement may be subject to a number of legal requirements which may include but not limited to approvals by the California Department of Finance, the Oversight Board for the Successor Agency, County of San Bernardino, and any other relevant public agency (“ABX1 26 Approvals”) in order to make this Agreement effective. Consultant acknowledges and agrees that the Agency and the City of Grand Terrace has no control over ABX1 26 Approvals. Consultant hereby acknowledges and agrees that it will not bring any claims, demands, suits, actions or proceedings of any kind or nature against the Agency, City of 3.D.a Packet Pg. 40 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 3.D.a Packet Pg. 41 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 12 EXHIBIT “A” SCOPE OF SERVICES Services provided include property tax management service, secured and unsecured parcel audits, assessment district processing, budget projections, Successor Agency support, and bond fiscal analysis Reports and Management Analyses (1) The company will provide the following reports. Reports are also available from prior years if required. A five year history of the values within the city, successor agency and custom (city defined) geographic area; A listing of the largest value changes, positive and negative between tax years; A listing of the major property owners, including the assessed value of their property and property use code designation; A listing of the major property tax payers, including an estimate of the property taxes; A listing of property tax transfers which occurred since the lien date ordered by month; A listing of parcels that have not changed ownership since the enactment of Proposition 13; A multiple year comparison of growth by use code designation over a 10 year period; State Appropriation Limit calculations; A listing of multiple owned parcels; A listing of absentee owner parcels; Calculate an estimate of property tax revenue anticipated to be received for the fiscal year based upon the initial information provided by the County and subject to modification. This report is interactive for tax modeling. This estimate shall not be used to secure the indebtedness of the City. Foreclosure data and Bank Owned Property listings Property sales information, and Proposition 8 exposure and recapturing potential Analyses based on geo areas designated by the City to include assessed valuations and square footage computations for use in economic analysis and community development planning. (1) Reports area based upon property tax information obtained from your county and supplemented by additional information from third parties. Some reports are dependent upon the availability of county data in electronic format. 3.D.a Packet Pg. 42 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 13 Successor Agency Services Successor Agency Services including but not limited to: Tax increment projections Cash flows for the Successor Agency by Project Area Assistance with Redevelopment Obligation Payment Schedules Assistance in providing property tax information for the taxing agencies receiving property tax revenues from former Project Areas Estimates of property tax revenues to be received by the taxing entities from former Project Areas Provide property tax information to the Oversight Board at the direction of the Successor Agency Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency Monitor the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency Coordinate with the Auditor-Controller the relationship between the tax-sharing, debt service and other obligations of former redevelopment agency Prepare as needed an assessment of resources available to the Successor Agency to meet the long term obligations of the former redevelopment agency. Quarterly Reports and System Updates A listing of property tax appeals filed on properties in the City where data is available for purchase from the Clerk of the Board. A listing of property transfers that have occurred since the last report will be available through the software provided and updated on a quarterly basis. Web-Based Software The HdLCC provides a web-based software application to clients as a user-friendly tool to access the City’s property tax data. HdLCC provides updates to the data portion of the product on monthly basis to reflect changes in ownership, updated appeals filings, and deed recordings. As modifications and enhancements are made to the program, clients receive the enhanced version of the software at no additional cost. Training will be provided to city staff within the first two months after the execution of the agreement for property tax management and audit services and is available annually for new staff members or staff 3.D.a Packet Pg. 43 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) 14 requiring a refresher course. If additional training sessions are required, the fees in the compensation section under hourly fees will be charged. Identification and Correction of Errors HdL Coren & Cone has the technology, methodology and trained staff to analyze all secured parcels within the City of Grand Terrace to identify costly errors resulting in the misallocation of property taxes. The company audits the secured and unsecured property tax rolls to ensure that each is coded to the appropriate taxing entity. The company performs an analysis of the Assessor Rolls to identify all parcels on both the secured and unsecured tax rolls and verify that parcel assessed valuations and the resulting taxes are correctly allocated to the City. This analysis is accomplished through the use of specialized computer software, GIS maps, assessor maps, city maps, city records, other pertinent documents, and field investigations. On-Going Consultation During the term of the contract, we serve as the resource staff to the County or agency on questions relating to property tax. This includes being "on-call" to assist with any property tax issues. On-going consultation would include, but not be limited to inquiries resolved through use of the City of Grand Terrace data base. All requests for information based upon the County’s property tax data sets are provided without additional costs. Special reports, additional research, or requests requiring additional computer programming may entail some additional costs. Attendance at City and/or Successor Agency meetings will be billed at our hourly rates. 3.D.a Packet Pg. 44 At t a c h m e n t : P r o p e r t y T a x P r o f e s s i o n a l C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 1 8 4 : A g r e e m e n t E x t e n s i o n H d L ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● NOVEMBER 13, 2012 Council Chambers Special Meeting 5:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 Updated 12/6/2012 11:51 AM 1.CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Lee Ann Garcia Mayor Pro Tem Present Darcy McNaboe Councilwoman Present Bernardo Sandoval Councilman Present Gene Hays Councilman Present Betsy Adams City Manager Present Richard Adams City Attorney Present Tracey Martinez City Clerk Present 2.PUBLIC COMMENT 3.CLOSED SESSION A.Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) - One Potential Case (National Orange Show Events Center) Council met in closed session to discuss the initiation of litigation pursuant to Government Code Section 54956.98(c). Council was briefed by San Bernardino County Sheriff's Department and the attorney's from Jones and Mayer. Councilmember Sandoval also gave a briefing from his meeting with District Attorney Mike Ramos on possible alternative procedures dealing with the raves. There was no reportable action taken. B.Employee Negotiations - Labor Negotiations Pursuant to Government Code 54957.6 - City Labor Negotiator - Betsy Adams, City Manager - Negotiated with - All Unrepresented Employees Council met in closed session to discuss employee negotiations pursuant to Government Code Section 54957.6. Council was briefed by the City Manager on possible alternatives. There was no reportable action taken. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, November 13, 2012, at 6:00 PM. _________________________________ Mayor of the City of Grand Terrace _________________________________ City Clerk of the City of Grand Terrace 3.E Packet Pg. 45 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 N o v 1 3 , 2 0 1 2 8 : 0 0 P M ( C o n s e n t C a l e n d a r ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● NOVEMBER 13, 2012 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 Updated 10/25/2012 4:16 PM 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 - Manny Mendoza, San Bernardino County Sheriff's Department Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Lee Ann Garcia Mayor Pro Tem Present Darcy McNaboe Councilwoman Present Bernardo Sandoval Councilman Present Gene Hays Councilman Present Betsy Adams City Manager Present Tracey Martinez City Clerk Present Richard Shields Community Development Director Present Steve Elam Interim Finance Director Present Richard Adams City Attorney Present Manny Mendoza San Bernardino County Sheriff's Department Present Ed Finneran San Bernardino County Sheriff's Department Present Rich McClintock San Bernardino County Fire Department Present 1.ITEMS TO DELETE City Manager Betsy Adams indicated that Item 3C under the consent calendar needs to be amended. Staff discovered after the staff report was put together that in order to continue our daily cash management we need to also revise the authorized signers for the Local Agency Investment Fund (LAIF). This needs to be done for the City and the Successor Agency of the former Grand Terrace Community Redevelopment Agency. The resolutions have been provided to the Council and staff is asking that Council consider them as well when considering the items under 3C. City Attorney Richard Adams indicated that the Council would be amending the agenda, which is allowed by Government Code Section 54954.2 (b) (2). If a two thirds vote of this Council were to find that the need to take immediate action and that the need to take action came to the City after the posting of the agenda. He believes that both of those findings can be made with this amendment. The Council voted to amend the agenda - all ayes. 2.SPECIAL PRESENTATIONS A.Assemblyman Mike Morrell's Top Chamber Business Award Recipients for 2012 Sally McGuire announced the following Top 5 Chamber Business in Grand Terrace that was recognized by Assemblyman Mike Morrell's: 3.F Packet Pg. 46 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 N o v 1 3 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 13, 2012 City of Grand Terrace Page 2 Updated 10/25/2012 4:16 PM Dance Dimensions Grand Terrace Chiropractic Dr. Jung Swertfeger Equipment Stater Bros. Market She reported that Stater Bros. Market was names the Top Chamber Business in Grand Terrace. B.Certificate of Appreciation - Matthew Addington Mayor Pro Tem Lee Ann Garcia read the Certificate of Appreciation for outgoing Planning Commissioner Matthew Addington. Mayor Walt Stanckiewitz presented Matthew with the certificate. C.Foundation of Grand Terrace Update - Ryan Stephens Ryan Stephens gave an update on the recent activities held by the Foundation of Grand Terrace. The Halloween Festival was a good evening for everyone. The Veteran's Memorial Day event went very well. He encouraged everyone to visit the brand new website of the Foundation. He urged community members to consider the Foundation of Grand Terrace when giving this holiday season and as the year wraps up. 3.CONSENT CALENDAR RESULT:APPROVED [UNANIMOUS] MOVER:Lee Ann Garcia, Mayor Pro Tem SECONDER:Bernardo Sandoval, Councilman AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays A.Waive Full Reading of Full Ordinances on Agenda B.Approval of Minutes – Regular Meeting – 10/23/2012 C.Adopt Resolutions Providing Bank and Investment Account Signature Authority D.Accept Historical and Cultural Activities Committee Meeting Minutes of September 4, 2012 E.Approve a Professional Services Agreement with Willdan Financial Services To Provide Interim Finance Director Services F.Approval of Check Register No. 11-13-2012 PLANNING COMMISSION INTERVIEWS Ryan Stephens and Chuck Morga were interviewed for the vacant position on the Planning Commission. Motion: Appoint Ryan Stephens to the Planning Commission to fill an unexpired term that will continue to June 30, 2014. Mr. Morga indicated that he would be willing to serve on the Oversight Board in the event that a vacancy should arise. 3.F Packet Pg. 47 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 N o v 1 3 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 13, 2012 City of Grand Terrace Page 3 Updated 10/25/2012 4:16 PM RESULT:ADOPTED [UNANIMOUS] MOVER:Gene Hays, Councilman SECONDER:Bernardo Sandoval, Councilman AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays Jeffrey McConnell Indicated that he is impressed with the comments made regarding Matthew Addington. He feels that it is good to have people with knowledge on the Commission. He believes that both candidates seem to be good citizens and involved and that the Council has a good selection to choose from. He feels that the City needs to be business friendly and need to encourage smart development. 4.PUBLIC COMMENT 5.COUNCIL REPORTS Councilmember Bernardo Sandoval Reported that the service that was held for the Veteran's at Pico Park was wonderful and heartfelt. He deeply appreciates the veteran's and everything they do. He met with District Attorney Mike Ramos and two assistant district attorney regarding the sound implications of the raves held at the San Bernardino National Orange Show. They were genuinely concerned with the City and the quality of life and how the raves are impacting the City. They are going to look at various options and look at it very aggressively. Grand Terrace has a strong Council that is not afraid to stand up for what is important to the residents to ensure that the maintain a good quality of life. He feels that it was a very productive meeting. The Sheriff's Department has done an outstanding job and has invested a lot of time with this issue. Councilmember Darcy McNaboe Reported that the kids really enjoyed the game booths at the Halloween Harvest. She thanked the events committee for putting on a great event. The Country Fair and Woman's Club barbeque were held the following Saturday. Both events were well attended. She congratulated the Eagle Scout candidate for his flag pole project that he did for the Veteran's Memorial at Pico Park. She feels that all of these events are a wonderful example of organizations coming together. She reported that she was asked if it would be possible for the City to fly the POW flag in town. There would be no cost to the City. She congratulated all of the candidates that ran for election. It was a very well run civil election and she was honored to run with each of the other candidates and she is honored that she was elected to serve another term and appreciates the support of those peopled who invested time and effort into her campaign. She wished everyone a happy Thanksgiving. Councilmember Gene Hays Congratulated the candidates that were successful in the election. The campaign was very civil. There is a lot of commercial property vacancies in Grand Terrace. He feels that commercial rent is too high and suggested that the City look into commercial rent control. Mayor Pro Tem Lee Ann Garcia Reported that residents can still file a complaint with regard to the rave that was held at the San Bernardino National Orange Show. She also reported that Phyllis Forbes Sternberg recently passed away and requested that the meeting be adjourned in her memory. She announced that the Grand Terrace Fire Association is holding their annual tree sale and encouraged everyone to support them. She appreciated the election cycle and congratulated Darcy McNaboe, Sylvia Robles and Jackie Mitchell on being elected to the Council. She has enjoyed her 16 years that she has spent on the Council and looking forward to the future. She feels that she will always be a part of the Grand Terrace Family. She wished everyone a happy Thanksgiving. 3.F Packet Pg. 48 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 N o v 1 3 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 13, 2012 City of Grand Terrace Page 4 Updated 10/25/2012 4:16 PM Mayor Walt Stanckiewitz The Veteran's Memorial Service that was held at Pico Park was a beautiful ceremony. He thanked everyone that worked on the event. The Halloween Festival was a great event. He reported that a blood drive will be held at Wilden Pump on November 28, 2012 from 12 to 5 p.m. 6.PUBLIC HEARINGS 7.UNFINISHED BUSINESS Reported that complaints regarding the rave that was held at the San Bernardino National Orange Show can still be filed. She requested that the meeting be adjourned in memory of Phyllis Forbes Sternberg who recently passed away. The Grand Terrace Fire Association is having their annual tree sale. It is a good opportunity to thank the department and support them. She appreciated the election cycle. She congratulated Sylvia Robles, Jackie Mitchell and Darcy McNaboe on being elected to the City Council. She thanked the residents for a wonderful 16 years. She has enjoyed her time spent here and is looking forward to a new chapter and new experiences. She feels that she will always be a part of the Grand Terrace family. She wished everyone a happy Thanksgiving. A.Contract Amendment with California Public Employees' Retirement System (CalPERS) to Establish Second Tier Retirement Benefit for Future Employees Approve an Ordinance of the City Council of the City of Grand Terrace Authorizing an Amendment to the Contract between the City Council and the Board of Administration of the California Public Employees' Retirement System. RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Bernardo Sandoval, Councilman AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays 8.NEW BUSINESS A.Memorandum of Understanding Between San Bernardino Associated Governments and City of Grand Terrace for Participation in the Property Assessed Clean Energy (PACE) Program RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Councilman SECONDER:Lee Ann Garcia, Mayor Pro Tem AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays B.Department of Finance Determination on Successor Agency's Recognized Obligation Payment Schedule for Period of January 1, 2013 through June 30, 2013 This is a receive and file only item. There was no formal action taken by the Council. C.Repeal Municipal Code Chapter 3.24 and Adopt Proposed New Chapter 3.24 as the City's Purchasing System To introduce the first reading of an Ordinance of the City Council of the City of Grand Terrace, California repealing in their entirety Ordinance No. 95 and Chapter 3.24 of the Municipal Code and adopting an Ordinance establishing a new Chapter 3.24 (Purchasing Systems) of Title 3 of the Municipal Code, read by title only and waive future readings. 3.F Packet Pg. 49 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 N o v 1 3 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 13, 2012 City of Grand Terrace Page 5 Updated 10/25/2012 4:16 PM RESULT:APPROVED [UNANIMOUS] MOVER:Lee Ann Garcia, Mayor Pro Tem SECONDER:Bernardo Sandoval, Councilman AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays 9.CLOSED SESSION A.Employee Negotiations - Labor Negotiations Pursuant to Government Code 54957.6 - City Labor Negotiator - Betsy Adams, City Manager - Negotiated with - All Unrepresented Employees Council did not meet in closed session on this item. B.Conference with Legal Counsel - Significant Exposure to Litigation Pursuant to Government Code 54956.9 (B) - One Potential Case Council did not meet in closed session on this item. ADJOURN The meeting was adjourned in memory of Phyllis Forbes Sternberg. The Next Regular City Council Meeting will be held on Tuesday, November 27, 2012, at 6:00 PM. _________________________________ Mayor of the City of Grand Terrace _________________________________ City Clerk of the City of Grand Terrace 3.F Packet Pg. 50 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 N o v 1 3 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● NOVEMBER 27, 2012 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 Updated 12/6/2012 6:20 PM CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation - Mayor Pro Tem Lee Ann Garcia Pledge of Allegiance - Led by Councilmember Gene Hays Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Lee Ann Garcia Mayor Pro Tem Present Darcy McNaboe Councilwoman Present Bernardo Sandoval Councilman Absent Gene Hays Councilman Present Betsy Adams City Manager Present Richard Shields Community Development Director Present Tracey Martinez City Clerk Present Steve Elam Interim Finance Director Present Richard Adams City Attorney Present Manny Gonzales San Bernardino County Sheriff's Department Present Rick McClintock San Bernardino County Fire Department Present 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS A.Grand Terrace Area Chamber of Commerce Business of the Month Sally McGuire announced that the Edward Jones Investments, Shawn Price, is the Grand Terrace Area Chamber of Commerce Business of the Month. 3.CONSENT CALENDAR Approve the Consent Calendar with the removal of item 3C. RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Lee Ann Garcia, Mayor Pro Tem AYES:Walt Stanckiewitz, Lee Ann Garcia, Darcy McNaboe, Gene Hays ABSENT:Bernardo Sandoval A.Waive Full Reading of Full Ordinances on Agenda B.Approval of Check Register No. 11-27-2012 3.G Packet Pg. 51 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 N o v 2 7 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 27, 2012 City of Grand Terrace Page 2 Updated 12/6/2012 6:20 PM ITEM REMOVED FROM THE CONSENT CALENDAR C.Approve Amendment to Professional Service Agreement Between Albert A. Webb Associates Incorporated and the City of Grand Terrace Extending the Term of the Agreement to December 31, 2013. Approve the Amendment to the Professional Service Agreement with Albert A. Webb Associates Incorporated and the City of Grand Terrace extending the existing Professional Services Agreement until December 31, 2013 and authorize the City Manager to sign the amended Professional Service Agreement. RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Lee Ann Garcia, Mayor Pro Tem AYES:Walt Stanckiewitz, Lee Ann Garcia, Darcy McNaboe, Gene Hays ABSENT:Bernardo Sandoval 4.PUBLIC COMMENT 5.COUNCIL REPORTS Councilmember Gene Hays Thanked the Seniors for the pens. He reminded everyone to be mindful of items left in their cars that may be visible to someone wanting to burglarize your vehicle. Councilmember Darcy McNaboe Indicated that she has appreciated serving on the Council with Mayor Pro Tem Lee Ann Garcia and Councilmember Gene Hays. Mayor Pro Tem Lee Ann Garcia Thanked the Seniors for their monthly newsletter. She feels that the Sheriff's Department is being very proactive and thanked them for their service to the community. She encouraged everyone to purchase their trees at the fire station. Santa will be at the library on December 1, 2012 from 11 am to 2 pm. The library always does quality activities for the community. She stated that she has enjoyed very many memorable memories in Grand Terrace. Mayor Walt Stanckiewitz Reported that he attended the San Bernardino County Board of Supervisors meeting where he had an opportunity to thank outgoing Supervisor Neil Derry on behalf of Grand Terrace. He reminded everyone that the blood drive will be held at Wildan Pump. He reported that he took a trip with the City Manager and Agency Counsel for a Meet and Confer concerning some of the recognized obligations payments that were denied by the Department of Finance. He was very impressed with the presentation and argument that was given. He is hopeful of a favorable decision. We should hear by the 15th of December. 6.PUBLIC HEARINGS 7.UNFINISHED BUSINESS A.Repeal Municipal Code Chapter 3.24 and Adopt New Chapter 3.24 as the City's Purchasing System To read by title only, waive further readings and adopt an Ordinance of the City Council of the City of Grand Terrace, California repealing in their entirety Ordinance No. 95 and Chapter 3.24 of the Municipal 3.G Packet Pg. 52 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 N o v 2 7 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 27, 2012 City of Grand Terrace Page 3 Updated 12/6/2012 6:20 PM Code and adopting an Ordinance establishing a new Chapter 3.24 (Purchasing Systems) of Title 3 of the Municipal Code. The City Clerk read the title of the Ordinance. RESULT:APPROVED [UNANIMOUS] MOVER:Lee Ann Garcia, Mayor Pro Tem SECONDER:Gene Hays, Councilman AYES:Walt Stanckiewitz, Lee Ann Garcia, Darcy McNaboe, Gene Hays ABSENT:Bernardo Sandoval 8.NEW BUSINESS A.Initial Review of Draft "Due Diligence Review" Pertaining to Non-Housing Funds of the Successor Agency of the Community Redevelopment Agency of the City of Grand Terrace Pursuant to the Health and Safety Code Receive the draft Due Diligence Review pertaining to non-housing funds of the Successor Agency of the Community Redevelopment Agency of the City of Grand Terrace. RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Gene Hays, Councilman AYES:Walt Stanckiewitz, Lee Ann Garcia, Darcy McNaboe, Gene Hays ABSENT:Bernardo Sandoval B.Final Design of the "Service Clubs" Sign Proposed by the Lion's and Women's Club To move forward with the encroachment permit which shall reference that the sign will be operated pursuant to the agreement that will be approved by the City Council and the Lion's Club. City Attorney Adams will work with staff to draft the agreement, which will be brought back to the Council for consideration at a later date, outlining guidelines for the process of which organizations will be allowed to display their placard. The agreement shall also include that the sign will be removed by the City if there is non-compliance of the Lion's Club. RESULT:APPROVED [UNANIMOUS] MOVER:Darcy McNaboe, Councilwoman SECONDER:Lee Ann Garcia, Mayor Pro Tem AYES:Walt Stanckiewitz, Lee Ann Garcia, Darcy McNaboe, Gene Hays ABSENT:Bernardo Sandoval Doug Wilson Encouraged the Council to approve the final design of the Community Service Club Sign. He stated that he would like to clarify the following: 5. Should be the Lion's Club only. 6 Should be eliminated. 7. The Lion's Club should decide which groups will display their signs. Jeffrey McConnell 3.G Packet Pg. 53 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 N o v 2 7 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council November 27, 2012 City of Grand Terrace Page 4 Updated 12/6/2012 6:20 PM Agrees with Mr. Wilson's comments. He encourages the Council to allow all service groups to be allowed to display their sign. Mr. Radtke Stated that it is his understanding that the Woman's Club supports the project however they have not expressed wanting to be financially responsible for the sign. They would like to have their placard on it. C.Partnership with Riverside Highland Water District on Grand Terrace Fitness Park Demonstration Garden This is a receive and file only item. There was no formal action taken. 9.CLOSED SESSION A.Employee Negotiations - Labor Negotiations Pursuant to Government Code 54957.6 - City Labor Negotiator - Betsy Adams, City Manager - Negotiated with - All Unrepresented Employees The Council met in closed session to discuss labor negotiations pursuant to Government Code 54957.6. There was no reportable action taken. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, December 11, 2012 at 7:30 PM. _________________________________ Mayor of the City of Grand Terrace _________________________________ City Clerk of the City of Grand Terrace 3.G Packet Pg. 54 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 N o v 2 7 , 2 0 1 2 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Historical & Cultural Activities Committee Minutes for October 1, 2012 The meeting was called to order at 7:05 p.m. by Chairman Pauline Grant. Those present were Pauline Grant, Frances Carter, Masako Gifford, Shelly Rosenkild and City Clerk, Tracey Martinez. Those absent were Ann Petta, Martha Monteon and Peggy Reagan. Secretary's Report: The Minutes for September 4, 2012 were read and approved with the following corrections: Under Treasurer's Report: The balance showed a balance of $568.60 for FY ending 2011/2012 and a balance of $1,200.00 for FY 2012/2013 and a petty cash balance of $118.66; and Under Country Fair: Shelly presented a poster for approval. Masako will shop for paper products and other items that are needed. Motion by Frances, seconded by Shelly. Motion carried. Treasure's Report: The Budget shows a balance of $1,200.00. The Petty Cash balance is $118.66. Historical Report: None New Business: Country Fair The Committee discussed the following items: -The deadline for the applications will be extended to October 20, 2012. -Frances will distribute flyers/applications at the next Woman's Club meeting. -Posters will be hung two weeks prior to event. -Masako will need traffic cones from the City. -Maintenance worker will help in the morning for set-up and in the afternoon for clean-up. -A waiver will be provided for the judges to sign. (New waiver to be done by City Attorney). -Sign for counter will be made indicating that peanuts may have been used in food items. -The cost of the insurance for the fair is $441.87. -The Boys Scouts and the Leo Club will be asked to help on the day of the event. 3.H Packet Pg. 55 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f O c t o b e r 1 , 2 0 1 2 a n d N o v e m b e r 5 , 2 0 1 2 ( C o n s e n t C a l e n d a r ) -City will hang banner prior to the event. -Pauline will get doughnuts. -Frances will get ice. -Food must be there by 8:30 a.m. -Judging will begin at 10:00 p.m. -Food will be served/sold after the judging is complete prize drawing and announcements will follow. -The following service clubs or organizations will be asked to have a representative participate in the judging of the cooking contest: Woman's Club Lion's Club Chamber of Commerce Grand Terrace High School Grand Terrace City Council The meeting was adjourned at 8:20 p.m. The next meeting will be held November 5, 2012. Respectfully Submitted, Qkifc i(114{i)R Tracey Martinez on behalf of Peggy Reagan Secretary I) 3.H Packet Pg. 56 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f O c t o b e r 1 , 2 0 1 2 a n d N o v e m b e r 5 , 2 0 1 2 ( C o n s e n t C a l e n d a r ) HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE Minutes for November, 2012 The meeting was called to order at 7:15 PM by Chairperson Pauline Grant. Those present were Pauline Grant, Ann Petta, Masako Gifford, Frances Carter, Shelly Rosenkild, Martha Monteon, and City Clerk Tracy Martinez. Secretary 's Report: The minutes for October 1, 2012 were read and approved on a motion by Frances and seconded by Pauline. All in favor. Motion carried. Treasurer's Report: The budget showed a balance of $758.13, and a petty cash balance is $396.71. Country Fair: Ann reported that there were 30 vendors, not counting the cooking contest participants. The donuts sold at the Country Fair were donated by Shirley Hogue, who also helped with the sale of the food. The judges of the food contest were: David Radtke Clair Kidd Bobbie Forbes Jeffrey McConnell Robert Ransdell Masako reported that proceeds from the food and drinks totaled $198.05. The Opportunity Drawing brought in a total of $80.00. Thank you notes will be sent to the judges and volunteers in appreciation for their help. It was decided to raise the price of drinks next year. New Business: The 34th Anniversary Potluck Dinner, will be Tuesday, December 11, 2012. The Girl Scouts will be the central theme for this year's celebration, in honor of their 100th birthday. The meeting was adjourned at 8:30 pm. Respectfully submitted, Pauline Grant, for the Secretary 3.H Packet Pg. 57 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f O c t o b e r 1 , 2 0 1 2 a n d N o v e m b e r 5 , 2 0 1 2 ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE:December 11, 2012 Council Item TITLE:Appointments to Regional Government Organizations PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Review and Assign Representatives BACKGROUND: The City of Grand Terrace has the opportunity to participate on various regional government organizations. The last review was on December 21, 2010. Historically the assignments are reviewed every two years following the regular municipal election date or as necessary. DISCUSSION: Lee Ann Garcia was appointed to represent the City on Omnitrans and SCAG. The City will not be represented on these boards until which time the Council takes action. Omnitrans typically meets on the first Wednesday of each month at 8:00 a.m. Lee Ann was also on the Omnitrans Administrative and Finance Committee, which typically meets on the second Monday of each month at 11:00 a.m. Staff from Omnitrans has indicated that the appointment to the Administrative and Finance Committee is filled by whomever fills the vacancy on the Board, unless they are unable to participate in the meetings. Stipends are received for both appointments. SCAG meets in May of each year. Staff has provided a list of the Regional Government Organizations that Council and Staff were appointed to in December of 2010. Staff recommends that the Council appoint representatives to fill the vacancies left by former Councilmember Lee Ann Garcia and make any other necessary changes in representatives. FISCAL IMPACT: None ATTACHMENTS: ·Appointments to Regional Government Organizations APPROVALS: Tracey Martinez Completed 12/04/2012 1:26 PM Finance Completed 12/04/2012 4:42 PM City Attorney Completed 12/05/2012 9:05 AM City Manager Completed 12/06/2012 10:27 AM 8.A Packet Pg. 58 City Council Pending 8.A Packet Pg. 59 CITY OF GRAND TERRACE APPOINTMENTS TO REGIONAL GOVERNMENT ORGANIZATIONS Organization Representative Alternate Scheduled Meetings Stipend Omnitrans (Board of Directors)Lee Ann Garcia Darcy McNaboe 1st Wednesday of each month at 8:00 a.m. Yes Southern California Association of Governments General Assembly (SCAG) Lee Ann Garcia Darcy McNaboe May of each year No San Bernardino Valley Water District Advisory Commission on Water Darcy McNaboe Betsy M. Adams Typically 3rd or 4th Thursday at 7:00 p.m. No League of California Cities Inland Empire Division Walt Stanckiewitz Lee Ann Garcia 1st Thursday of every other month 6:30 p.m. No San Bernardino Associated Governments Board of Directors (SANBAG) Walt Stanckiewitz Lee Ann Garcia 1st Wednesday of each month at 9:00 a.m. and 2nd Thursday of every month at 9:00 a.m. for Major Projects Committee Yes San Bernardino County Solid Waste Task Force Darcy McNaboe Betsy M. Adams Semi-annual (April/October) Wednesday or Thursday 1:30 p.m. No California Joint Powers Insurance Authority (Board of Directors) Walt Stanckiewitz Betsy M. Adams July of each year No San Bernardino County Gang & Drug Task Force Bernardo Sandoval Darcy McNaboe 1st Wednesday of each month 7:30 a.m. No Effective December 21, 2010 8.A.a Packet Pg. 60 At t a c h m e n t : A p p o i n t m e n t s t o R e g i o n a l G o v e r n m e n t O r g a n i z a t i o n s ( 1 1 7 8 : A p p o i n t m e n t s t o R e g i o n a l AGENDA REPORT MEETING DATE:December 11, 2012 Council & Successor Agency Item TITLE:Award a Professional Services Agreement to Willdan Financial Services for Finance Department Services PRESENTED BY:Betsy Adams, City Manager RECOMMENDATION:Approve a professional services agreement with Willdan Financial Services for Finance Department services, in substantially the form attached, and authorize the City Manager to execute the agreement. BACKGROUND: The Fiscal Year (FY) 2012-13 budget includes three positions for the Finance Department (Finance Director, Senior Accounting Technician, and Account Clerk). These positions are presently filled by one City employee (Account Clerk) and two employees provided through contract services (Willidan Financial Services for Interim Finance Director and MuniTemps for Senior Accounting Technician). DISCUSSION: Due to recent retirements, two-thirds of the Finance Department is staffed with employees provided through contract services. With the fiscal uncertainty the City faces due to the dissolution of the redevelopment agency, the City Manager recommends continuing to contract for these services for at least the next few years. There are several advantages for the City in doing so. The most significant is that through contract services the City is able to significantly enhance the fiscal capabilities of the Finance Department which will be discussed further in a subsequent paragraph. In addition, contract services allow the City flexibility if adjustments need to be made due to budget constraints or if the need for additional fiscal expertise arises. The City’s recently adopted Purchasing Ordinance provides the City Council with the discretion to award contracts without going through the competitive bidding process (Section 3.24.180 –Exceptions to Competitive Bidding Requirement). As the City has an immediate need to complete or begin several significant assignments (e.g. Due Diligence Review for the Successor Agency’s non-housing funds, FY 2011-12 year-end closing and annual audit, FY 2012-13 mid-year budget review, fourth Recognized Obligation Payment Schedule for Successor Agency, and FY 2013-14 operating budget), the City Manager recommends contracting for Finance Department services with Willdan Financial Services (Willdan) for a year (agreement included as an attachment). During this time the City can monitor the services provided on a contract basis and determine if it would be advantageous to continue doing so. In addition to providing existing Finance Department services, Willdan will also provide 8.B Packet Pg. 61 the following new fiscal services to the City: ¡Develop a Budget Stabilization Plan which will include a Five-Year Financial Forecast and options for revenue enhancement to meet ongoing operating expenditures while establishing adequate reserve levels. ¡Prepare a multi-year cash flow analysis, including the impact of redevelopment revenue loss and the mandated remittance of Successor Agency fund balance to the State. ¡Develop and implement core financial policies and procedures to improve financial accountability and internal controls. ¡Review the City’s major business processes and implement recommended “best practices” to improve organizational efficiency. ¡Develop and implement a Monthly Financial Report to monitor revenue and expenditure results monthly versus budget and year-to-date expected levels. ¡Oversee annual budget development process including the implementation of a Deficit Reduction Plan, as needed. ¡Review existing debt to determine if restructuring opportunities exist to benefit the City or Successor Agency. ¡Review Investment Policy and program to ensure the City is achieving its investment objectives. FISCAL IMPACT: $284,358 is provided in the FY 2012-13 operating budget for the three positions in the Finance Department ($207,807 is allocated to the General Fund and $76,551 to the Successor Agency). Providing Finance Department services through a combination of contract services with Willdan and a City employee will increase this cost by $6,967 on an annual basis as shown below. Description 5.5 Months ($) 6.5 Month ($) Annual ($) Budgeted Finance Department Staff 130,331 154,027 284,358 Less City Employee (Account Clerk)-21,691 -25,634 -47,325 Balance Available 108,640 128,393 237,033 Less Willdan Agreement -111,833 -132,167 -244,000 Difference -3,193 -3,774 -6,967 For FY 2012-13, the additional $3,193 would have to be absorbed by the General Fund because the Recognized Obligation Payment Schedule for the Successor Agency covering this time period has already been approved by the Department of Finance. 8.B Packet Pg. 62 Staff believes there will be other savings in General Fund operating budget to offset this cost. ATTACHMENTS: ·Professional Services Agreement for Finance Department Services_Signed APPROVALS: Betsy Adams Completed 12/04/2012 8:17 PM Finance Completed 12/06/2012 9:13 AM City Attorney Completed 12/06/2012 12:53 PM City Manager Completed 12/06/2012 1:02 PM City Council Pending 8.B Packet Pg. 63 8. B . a Pa c k e t P g . 6 4 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 6 5 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 6 6 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 6 7 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 6 8 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 6 9 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 7 0 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 7 1 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 7 2 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 7 3 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 7 4 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance 8. B . a Pa c k e t P g . 7 5 Attachment: Professional Services Agreement for Finance Department Services_Signed (1179 : Finance AGENDA REPORT MEETING DATE:December 11, 2012 Council Item TITLE:County of San Bernardino Waste Delivery Agreement PRESENTED BY:Richard Shields, Community Development Director RECOMMENDATION:Staff Recommends that the City Council approve Resolution No. 2012 - , Amending the Waste Disposal Agreement (WDA) between the County of San Bernardino (County) and the City of Grand Terrace (City) extending the term of the Agreement for an additional 3.5 years ending June 30, 2116. BACKGROUND: The City of Grand Terrace is currently under a contract with County for the delivery of all solid waste under the County's (WDA). Grand Terrace's WDA is due to expire on February 23, 2013. Grand Terrace entered into the original WDA on February 23, 1998. In April 2012, the County held a meeting with the sixteen (16) WDA cities to discuss the WDA term limits and extension of the WDA. The WDA cities determined it was in their best interest to change the termination date to June 30,2016. On July 13, 2012 the County sent a letter to the WDA cities requesting the cities enter into WDA Amendment for an additional 3.5 years. The letter sent to each WDA city explained that the proposed term amendment would only be effective if all cities remained in the WDA are in agreement. If one city opted out, the WDA could not move forward and all of the remaining WDA cities would be affected. Since that time, the County has allowed the City of San Bernardino to be removed from the WDA list citing San Bernardino's current financial situation as the reason. There are now fifteen (15) cities, including Grand Terrace, that are part of the WDA. The County currently has thirteen (13) cities who have agreed in concept, to continue with the extension of the WDA. (The City of Adelanto is a WDA city however; their existing contract doesn't expire until 2019 and therefore is not a part of the 2016 WDA extension offer made by the County). Grand Terrace is the last city to make its determination for the WDA extension. On October 9, 2012, Staff conducted a workshop with the City Council to explain the current laws the City must follow regarding recycling of waste materials generated from curbside and commercial waste pick up. An overview of AB 939, Residential Recycling and AB 341, Commercial Recycling were both discussed in length so the City Council had a better understanding of the mandatory recycling percentages the City must follow and what the effects of recycling has on County landfill areas in the future. Staff explained that the Colton Landfill would be closing and waste transportation costs would increase. The County's disposal fees may increase when the WDA expires which 8.C Packet Pg. 76 will affect all WDA cities in the future. WDA cities have no guarantee once the WDA expires that the disposal fees will not increase upwards to $46.04 per ton which is the current rate paid by the unincorporated areas in the County who are not part of the WDA program. DISCUSSION: If the City Council decides to continue with WDA Amendment, City rate payers would see an increase in rates to cover the Consumer Price Index, (CPI) and the disposal rate increases that went into effect July 2012. To provide an example of the increase in trash rates, a chart was developed that shows the standard containers that are used by Grand Terrace residents and commercial business. The last column is the estimated increase rate payers would see if the City approves the County WDA amendment. Burrtec has agreed to absorb the rate increases back to July 2012, however moving forward the rate increase will need to have a Proposition 218 hearing and City Council approval. Component 2011 Rate 2012 Rate Increase Residential Container 96 Gallon $22.86 $23.26 .40 Commercial Container 96 Gallon $31.78 $32.30 .52 Commercial Trash Bin #3 $117.53 $120.69 $3.16 Future rates will need to increase for transportation when the Colton landfill is closed in early 2013, requiring Burrtec to haul City waste to San Timoteo landfill which is the nearest County landfill. The refuse generated from the City of Grand Terrace has been delivered to Colton's landfill for the past fifteen 15 years under the County's WDA with the City. Staff contacted the County to see if there could be some type of relief for the future transportation costs the City will see if we move forward with the WDA. Staff was informed the WDA has a set rate for all WDA cities and the rate could not be amended for only one City. If the City Council decides to approve the County WDA Amendment, Burrtec has also agreed to temporally absorb the costs of transportation to San Timoteo landfill until more studies are performed on the actual transportation costs. Burrtec estimates that the future transportation cost for residential customers will be $1.34 per month and $2.09 per month or yard for commercial customers. Burrtec anticipates these costs will need to be included with the next rate increase. When the City entered into the WDA in 1998, the WDA provided the City with stabilized disposal rates and more predictable and reliable long-term disposal service. It is only 8.C Packet Pg. 77 now with the proposed closure of Colton landfill,Grand Terrace rate payers will see a future increase beyond the CPI and disposal increases due to the extra transportation costs. Setting aside the yearly CPI costs, the rates have been stabilized over the years with the WDA. ALTERNATIVE: As an alternative to the approval of the proposed amended WDA, Burrtec would commit to a long term Waste Processing Agreement for all waste generated in the City. Burrtec would propose a $38.56 per ton rate which is $.20 cents below the current County rate of $38.79 per ton. Burrtec's proposed rate of $38.56 includes the current CPI increase. This proposed rate commitment will only be subject to annual CPI increase as an escalator in the future. Burrtec has also agreed to not collect the retroactive rate increases back to July 2012, as an incentive if the City agrees to a long term waste processing agreement. If the City Council decides to use Burrtec for its long term waste processing, Burrtec will have the flexibility to shop for the lowest landfill rates. The City would not be subject to using the County landfill at County prescribed rates. Burrtec has two waste processing plants located a few miles away from Grand Terrace, one is located nearby in the City of San Bernardino and the other facility is located on Agua Manza Road in Riverside County. If the City chooses to use Burrtec, there will be no additional waste transportation costs after Colton landfill is closed. The Current Burrtec Waste Franchise Agreement would need to be brought back to the City Council in the following months with language to support Burrtec’s proposal and the City Councils approval. FISCAL IMPACT: There will be no fiscal impact to the City for approving the WDA Amendment No. 6. In the future, a Proposition 218 hearing will need to be performed for increasing disposal rates for transportation costs, CPI and County rate increases. ATTACHMENTS: ·Burrtec Exhibit A ·Resolution 2012 extending WDA APPROVALS: Richard Shields Completed 12/06/2012 3:58 PM Finance Completed 12/06/2012 2:37 PM City Attorney Completed 12/06/2012 2:38 PM City Manager Completed 12/06/2012 3:49 PM City Council Pending 8.C Packet Pg. 78 8.C.a Packet Pg. 79 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 80 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 81 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 82 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 83 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 84 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 85 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 86 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.a Packet Pg. 87 At t a c h m e n t : B u r r t e c E x h i b i t A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) RESOLUTION 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AMENDMENT NO. 6, TO THE WASTE DISPOSAL AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF GRAND TERRACE. RECITALS WHEREAS, on February 24, 1998 the City of Grand Terrace (“City”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”); and WHEREAS, in April 2012, fifteen (15) WDA cities met and determined it was in their best interest to change the termination date of the Agreement to expire on June 30, 2016; and WHEREAS, on July 13, 2012 the County of San Bernardino provided Amendment No.6 (Attached) to the City for approval; and WHEREAS, in connection with the on-going administration of the WDA, the Parties have determined it is in their best interest to change the termination date of the Agreement to end on June 30, 2016; and WHEREAS, this change in the termination date will assist both the City and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace, State of California, hereby approves Amendment No.6 of the Waste Disposal Agreement between the County of San Bernardino, and the City of Grand Terrace as attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 11th day of December, 2012. ____________________________ Mayor of the City of Grand Terrace and of the City Council thereof. ATTEST: ______________________________ City Clerk of the City of Grand Terrace 8.C.b Packet Pg. 88 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) I TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of December, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Tracey R. Martinez, City Clerk APPROVED AS TO FORM _______________________________ City Attorney 8.C.b Packet Pg. 89 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.b Packet Pg. 90 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.b Packet Pg. 91 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.b Packet Pg. 92 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.b Packet Pg. 93 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A ) 8.C.b Packet Pg. 94 At t a c h m e n t : R e s o l u t i o n 2 0 1 2 e x t e n d i n g W D A ( 1 1 7 7 : W a s t e D i s p o s a l A g r e e m e n t , W D A )