01/22/2013CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA • JANUARY 22, 2013
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center • 22795 Barton Road
City of Grand Terrace Page 1 Updated 10/25/2012 1:16 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
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Walt Stanckiewitz ¨¨¨
Mayor Pro Tem Bernardo Sandoval ¨¨¨
Councilwoman Darcy McNaboe ¨¨¨
Councilmember Jackie Mitchell ¨¨¨
Councilwoman Sylvia Robles ¨¨¨
1.ITEMS TO DELETE
2.SPECIAL PRESENTATIONS
A.Presentation -Assemblymember Cheryl Brown -Plaque Honoring Tony Petta
B.Grand Terrace Area Chamber of Commerce Business of the Month
Agenda Grand Terrace City Council January 22, 2013
City of Grand Terrace Page 2 Updated 10/25/2012 1:16 PM
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.Community Emergency Response Team (C.E.R.T.) Executive Committee Member Resignation
(Kaplanek)
C.Accept Historical and Cultural Activities Committee Meeting Minutes of December 3, 2012
D.Early Termination Agency Agreement with Grand Terrace Chamber of Commerce Due to Department of
Finance Determination
E.Approval of Minutes –Regular Meeting –12/11/2012
F.Approval of Minutes –Special Meeting –12/17/2012
G.Approval of Minutes –Special Meeting –01/08/2013
H.Approval of Check Register No. 01-22-2013
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.Letter to Assemblymember Brown Requesting Legislation on Use of 2011 Tax Allocation Bonds
B.Council Ad Hoc Committee on City Attorney Agreement
9.CLOSED SESSION
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, February 12, 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:January 22, 2013 Council Item
TITLE:Community Emergency Response Team (C.E.R.T.)
Executive Committee Member Resignation (Kaplanek)
PRESENTED BY:Tracey Martinez, City Clerk
RECOMMENDATION:Accept the Letter of Resignation of C.E.R.T. Executive
Committee Member Robert Kaplanek, direct Staff to send a
letter of regret and direct the City Clerk to post a Notice of
Vacancy.
BACKGROUND:
Robert Kaplanek was appointed to serve as a regular member of the C.E.R.T.
Executive Committee on July 10, 2012 by the City Council with a term continuing to
June 30, 2014.
DISCUSSION:
On January 8, 2013, the City Clerk received an email from Mr. Kaplanek indicating that
he no longer wished to remain on the C.E.R.T. Executive Committee. The email is
attached for your review.
With the resignation of Mr. Kaplanek, the C.E.R.T. Executive Committee will have one
regular member vacancy. After acceptance of Mr. Kaplanek's resignation, staff will post
a notice of vacancy pursuant to Government Code Section 54974, prepare a letter of
regret and begin accepting applications from residents who may wish to serve on the
Committee.
FISCAL IMPACT:
There is no fiscal impact to the City.
ATTACHMENTS:
·Attachment -Resignation Email -Kaplanek
APPROVALS:
Tracey Martinez Completed 01/15/2013 1:28 PM
Finance Completed 01/15/2013 2:20 PM
City Attorney Completed 01/15/2013 3:15 PM
City Manager Completed 01/15/2013 3:46 PM
City Council Pending
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(1/8/2013) TRACEY MARTINEZ - Resignation Letter - CERT Page 1
From: Diane Kaplanek <mywallygator@aol.com >
To: <tmartinez@cityofgrandterrace.org >, <djhurst6658@att.net >
Date: 1/8/2013 12:14 PM
Subject: Resignation Letter - CERT
I, Robert Kaplanek, no longer wish to remain on the CERT Board.
Robert J Kaplanek
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HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE
Minutes for December 3, 2013
The meeting was called to order at 7:10 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 December 3, 2012 were read. Shelly noted that she was
not present at the December meeting. The minutes were approved, as corrected, on a motion
by Frances and seconded by Masako. All in favor. Motion carried.
Treasurer's Report: The budget showed a balance of $758.13, and a petty cash balance is
$396.71.
Historical Report: Shelly reported that Steve Barton, the Grand Terrace Leos Advisor,
stated that the Leos wish to donate their year book to our Committee.
New Business: The City 34th Anniversary Potluck Dinner.
The Girl Scouts will be the central theme for this year's celebration. The display case
has been filled with interesting items connected with scouting.
Masako handed an inventory of supplies to each member. Ann will contact Burtec
Industries about donating a ham for the dinner. The City will provide the coffee and
cake. Francis will purchase supplies for punch and water. Masako gave Pauline
$40.00 to purchase the turkey breasts.
The meeting was adjourned at 7:55 PM.
Respectfully submitted,
Pauline Grant,
For the Secretary
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AGENDA REPORT
MEETING DATE:January 22, 2013 Successor Agency Item
TITLE:Early Termination Agency Agreement with Grand Terrace
Chamber of Commerce Due to Department of Finance
Determination
PRESENTED BY:Betsy Adams, City Manager
RECOMMENDATION:Authorize the Executive Director of the Successor Agency to
send a letter of termination to the Grand Terrace Chamber of
Commerce.
BACKGROUND:
The former Community Redevelopment Agency entered into an agreement on July 13,
2010 with the Grand Terrace Chamber of Commerce (Chamber) for "a broad range of
services to the business community" which ends of June 30, 2013. On October 19,
2012, the Department of Finance (DOF) denied this agreement as an enforceable
obligation and reclassified it as an administrative expense. The Successor Agency
appealed this DOF determination through the Meet and Confer process but was
unsuccessful in having the decision reversed. The Chamber was advised of the DOF's
determination on December 17, 2012. The Successor Agency was advised of it on
January 8, 2013 during the update on the DOF determinations on the Recognized
Obligation Payment Schedule III (ROPS3) and the Low-Moderate Income Housing Fund
Due Diligence Review.
DISCUSSION:
Unlike the Successor Agency's first two ROPS reviews, the DOF disallowed the
agreement with the Chamber as an enforceable obligation in ROPS3 and reclassified it
as an administrative expense. This causes the Successor Agency to exceed its
administrative cost allowance limit and thus the Chamber was advised that the
agreement would need to end early. The Chamber has submitted a final report and
invoice for December 2012 which is when funding for the agreement ends. Payment of
the December invoice is included in the Check Register for January 22, 2013.
If the Chamber started any work under the agreement for January 2013, then a
separate invoice and written statement describing the work started would need to be
submitted to the Successor Agency prior to February 7, 2013. The Successor Agency
would then request funds for the payment of this work on its ROPS4 (July 1 through
December 31, 2013). The Chamber has been advised there is no guarantee that the
DOF would authorize funds in ROPS4 for this work.
FISCAL IMPACT:
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This agreement is between the former redevelopment agency and the Chamber and, as
such, should not affect the City nor its General Fund. Redevelopment dissolution law
specifically provides that obligations of a former redevelopment agency transferred to
its successor agency, not the city which created it. By ending six (6) months early due
to the DOF's determination that the agreement is not an enforceable obligation, the
Successor Agency will not be able to pay $5,160 to the Chamber.
ATTACHMENTS:
·2013_02_08_GTCC Agreement Termination Letter
APPROVALS:
Betsy Adams Completed 01/14/2013 4:05 PM
Finance Completed 01/15/2013 1:19 PM
City Attorney Completed 01/16/2013 3:54 PM
City Manager Completed 01/16/2013 4:07 PM
City Council Pending
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22795 Barton Road, Grand Terrace, California 92313-5295
February 8, 2013
Mrs. Sally McGuire, President
Grand Terrace Chamber of Commerce
22365 Barton Road, Suite 101
Grand Terrace, CA 92313
Subject: Agreement Termination Notice Due to Department of Finance
Determination
Dear Sally:
As a follow up on the notification I provided you on December 17, 2012, the
Department of Finance (DOF) has disallowed the agreement between the former
Redevelopment Agency and the Grand Terrace Chamber of Commerce as an
enforceable obligation for the Recognized Obligation Payment Schedule III for the
period of January 1, 2013 through June 30, 2013 (we refer to this as ROPS3). The
Successor Agency appealed this determination through the Meet and Confer process
with the DOF but was not successful in having it reversed.
Under the terms of the agreement, the Chamber of Commerce submitted a final
report and invoice for December 2012 which is when funding for the agreement ends.
If the Chamber of Commerce started any work under the agreement for January then
a separate invoice and written statement describing the work started needs to be
submitted. The Successor Agency will request funds for the payment of any work
started in January on its ROPS4 (July 1 through December 31, 2013) though there is
no guarantee that the DOF will approve it.
The Successor Agency (and City) values its relationship with the Chamber of
Commerce and regrets that our agreement must terminate early due to the
redevelopment dissolution process. If you have any questions on the DOF’s
determination, please feel free to call me.
Sincerely,
Betsy M. Adams
Successor Agency Executive Director
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● DECEMBER 11, 2012
Council Chambers Regular Meeting 7:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1 Updated 1/16/2013 6:52 PM
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 - Lee Ann Garcia
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Bernardo Sandoval Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Jackie Mitchell Councilmember Present
Sylvia Robles Councilwoman Present
Lee Ann Garcia Councilwoman Present
Gene Hays Councilman Present
Betsy Adams City Manager Present
Steve Elam Interim Finance Director Present
Richard Adams City Attorney Present
Tracey Martinez City Clerk Present
Richard Shields Community Development Director Present
Sandra Molina Community Development Deputy Director Present
Steve Dorsey San Bernardino County Sheriff's Department Present
Ed Finneran San Bernardino County Sheriff's Department Present
Rick McClintcock San Bernardino County Fire Department Present
A.Declaration of Results for the November 6, 2012 Municipal Election
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Bernardo Sandoval, Councilman
AYES:Stanckiewitz, Garcia, McNaboe, Sandoval, Hays
B.Special Presentations to Outgoing Councilmembers Lee Ann Garcia and Gene Hays
Outgoing Councilmembers Lee Ann Garcia and Gene Hays were given special presentations from San
Bernardino County Supervisor, James Ramos, Senator Bob Dutton, Assemblyman Mike Morell and the
City Council.
C.Swear In Newly Elected Council Members Darcy McNaboe, Sylvia Robles and Jackie Mitchell
City Clerk, Tracey Martinez, swore in Darcy McNaboe who was re-elected to serve on the Grand Terrace
City Council and Sylvia Robles and Jackie Mitchell who were newly elected to serve on the City Council.
D.Selection of Mayor Pro Tempore
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Minutes Grand Terrace City Council December 11, 2012
City of Grand Terrace Page 2 Updated 1/16/2013 6:52 PM
Bernardo Sandoval was selected as the Mayor Pro Tempore of the City of Grand Terrace.
RESULT:APPROVED [UNANIMOUS]
MOVER:Jackie Mitchell, Councilmember
SECONDER:Sylvia Robles, Councilwoman
AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles
1.ITEMS TO DELETE
2.SPECIAL PRESENTATIONS
3.CONSENT CALENDAR
A.Waive Full Reading of Full Ordinances on Agenda
C.FPPC Regulation 18705.5 - Councilmembers Participation in Self-Appointments to Outside Boards and
Commissions
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
ITEMS REMOVED FROM THE CONSENT CALENDAR
B.Approval of Check Register No. 12-11-2012
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Bernardo Sandoval, Mayor Pro Tem
AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles
D.Extension of Agreement with the HdL Companies for Property Tax Consulting/Auditing Services
RESULT:APPROVED [UNANIMOUS]
MOVER:Darcy McNaboe, Councilwoman
SECONDER:Sylvia Robles, Councilwoman
AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles
4.PUBLIC COMMENT
Bobbie Forbes
Congratulated the new members of the Council. She thanked Lee Ann Garcia for the many years that
she has given to the community while raising her child and living her life. She congratulated her on
having time to spend with her son. She thanked Gene Hays and wished him well. It is her hope that they
both stay active in the community. She reminded the community that the dog clinic will be held on
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Minutes Grand Terrace City Council December 11, 2012
City of Grand Terrace Page 3 Updated 1/16/2013 6:52 PM
January 17, 2013. She encouraged everyone to have their pets chipped. She indicated that the housing
prices are being affected by the high school.
Denis Kidd
Displayed a map of the goal of the Friends of Blue Mountain to have a wilderness park. He expressed his
disappointment with the past fundraising efforts in the City. He challenged the people of Grand Terrace
to raise $40,000 by 12/31/2013 and he will donate 19 acres for the park.
5.COUNCIL REPORTS
Councilmember Jackie Mitchell
Encouraged residents to visit the local fire department to purchase a Christmas tree and to shop locally.
She reminded everyone to be aware of their personal safety during the holiday season when there is a
spike in crime rates. She wished everyone a Merry Christmas.
Councilmember Darcy McNaboe
Reported that the Assistant Principal, Carla Sandren is heading the committee that is working towards the
accreditation of the High School. She had an opportunity to join the meeting of stake holders to support
the process. It is a good working group and they are off to a good start. She reported that over the
weekend the walls on Oriole between Pico and Lark were tagged with graffiti. A small group of
community members came out and painted over the graffiti. She thanked Rich Shields for getting them
the paint. The walls were re-tagged and staff painted over it again. She is hoping that a group of
regularly participating community members can be formed that can be ready to cover up graffiti as it
happens. She encouraged those in the community to keep their eyes open and be alert for people that
are in areas where they don't belong and report suspicious activity. She wished everyone a Merry
Christmas, Happy Hanukkah and a joyous new year.
Mayor Pro Tem Bernardo Sandoval
Congratulated Darcy McNaboe on her re-election to the Council. He requested that the WDA item be
moved to the front of New Business.
Mayor Walt Stanckiewitz
Congratulated Darcy on her re-election to the Council. San Bernardino Police Department will hold a
Meeting to discuss the raves that are being held at the National Orange Show. It will be held at 6:30 p.m.
at Lytle Creek Community Center. SANBAG is trying to put together a community advisory group to
provide perspectives during the planning, design and implementation of the HOV/HOT lane on the I10
and I15, which are coming. If you are interested contact the City Manager or the City Clerk. He wished
everyone a Merry Christmas and Happy New Year.
6.PUBLIC HEARINGS
7.UNFINISHED BUSINESS
8.NEW BUSINESS
A.Appointments to Regional Government Organizations
The following appointments were made to the Regional Government Organizations"
Omnitrans (Board of Directors)
Representative: Walt Stanckiewitz
Alternate: Darcy McNaboe
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Minutes Grand Terrace City Council December 11, 2012
City of Grand Terrace Page 4 Updated 1/16/2013 6:52 PM
Southern California Association of Governments General Assembly (SCAG)
Representative: Bernardo Sandoval
Alternate: Jackie Mitchell
San Bernardino Valley Municipal Water District Advisory Commission on Water
Representative: Darch McNaboe
Alternate: Jackie Mitchell
League of California Cities
Representative: Walt Stanckiewitz
Alternate: Sylvia Robles
San Bernardino Associated Governments Board of Directors (SANBAG)
Representative: Walt Stanckiewitz
Alternate: Darcy McNaboe
San Bernardino County Solid Waste Task Force
Representative: Darcy McNaboe
Alternate: Sylvia Robles
California Joint Powers Insurance Authority (Board of Directors)
Representative: Walt Stanckiewitz
Alternate: Betsy M. Adams
San Bernardino County Gang & Drug Task Force
Representative: Bernardo Sandoval
Alternate: Darcy McNaboe
B.Award a Professional Services Agreement to Willdan Financial Services for Finance Department Services
Approve a professional services agreement with Willdan Financial Services for Finance Department
services and authorize the City Manager to execute the agreement.
RESULT:APPROVED [UNANIMOUS]
MOVER:Sylvia Robles, Councilwoman
SECONDER:Darcy McNaboe, Councilwoman
AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles
C.County of San Bernardino Waste Delivery Agreement
To approve a Resolution 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, 2016 and direct the City Attorney to come up with language to add
recitals in the Resolution and the Amended Agreement with regard to the City of San Bernardino solid
waste not being deposited into the Colton landfill and the longevity of the Colton Landfill.
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Minutes Grand Terrace City Council December 11, 2012
City of Grand Terrace Page 5 Updated 1/16/2013 6:52 PM
RESULT:APPROVED [UNANIMOUS]
MOVER:Walt Stanckiewitz, Mayor
SECONDER:Darcy McNaboe, Councilwoman
AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles
9.CLOSED SESSION
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, January 8, 2013 at 6:00 PM.
_________________________________
Mayor of the City of Grand Terrace
_________________________________
City Clerk of the City of Grand Terrace
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● DECEMBER 17, 2012
Council Chambers Special Meeting 1:30 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 as the Successor Agency to the Community Redevelopment Agency
Pledge of Allegiance - Jackie Mitchell, Councilwoman
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Bernardo Sandoval Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Jackie Mitchell Councilmember Present
Sylvia Robles Councilwoman Absent
Betsy Adams City Manager Present
Richard Adams City Attorney Present
Tracey Martinez City Clerk Present
1.ITEMS TO DELETE
2.PUBLIC COMMENT
3.CLOSED SESSION
A.Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to subdivision (c) of
Section 54956.9: One Potential Case
The Council met in closed session to hold a conference with Legal Counsel regarding the initiation of
litigation pursuant to subdivision (c) of Section 54956.9: One Potential Case, there was no reportable
action taken.
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, January 8, 2013 at 6:00 PM.
_________________________________
Mayor of the City of Grand Terrace
_________________________________
City Clerk of the City of Grand Terrace
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JANUARY 8, 2013
Council Chambers Special Meeting 4:30 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 Meeting
Pledge of Allegiance
Attendee Name Title Status Arrived
Walt Stanckiewitz Mayor Present
Bernardo Sandoval Mayor Pro Tem Present
Darcy McNaboe Councilwoman Present
Jackie Mitchell Councilmember Present
Sylvia Robles Councilwoman Present
Betsy Adams City Manager Present
Tracey Martinez City Clerk Present
Richard Adams City Attorney Present
Richard Shields Community Development Director Present
Steve Elam Interim Finance Director Present
1.PUBLIC COMMENT
2.CLOSED SESSION
A.Conference with Legal Counsel - Significant Exposure to Litigation Pursuant to Government Code
54956.9(b) - One Potential Case
The Council met with Legal Counsel regarding significant exposure to litigation pursuant to Government
Code 54956.9(b) - One potential case. The council covered alternatives with staff and directed staff to
pursue actions to evaluate the City's position relative to pending or exposure to litigation.
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, January 8, 2013 at 6:00 PM.
_________________________________
Mayor of the City of Grand Terrace
_________________________________
City Clerk of the City of Grand Terrace
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AGENDA REPORT
MEETING DATE:January 22, 2013 Council Item
TITLE:Approval of Check Register No. 01-22-2013
PRESENTED BY:Cynthia Fortune, Finance Manager
RECOMMENDATION:Approve Attached Check Registers for January 22, 2013, as
Submitted, which include the Check Register Account Index
and Voucher Listings for Fiscal Year 2012-13.
BACKGROUND:
The Check Register for January 22,2013 is presented in accordance with Government
Code §37202 and is hereby submitted for the City Council’s ratification.
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 CRA
Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund-
Department-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 $419,732.20 in accounts payable checks was issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
Voucher Lists.
Some of the non-routine items include:
68888 Petty Cash Money for Annual Animal Clinic Cash Box $300.00
68917 Taso Tech Barracuda Spamfilter $1,133.25
68920 Traffic Mgmt New post and signs for Susan Petta Park
and Drop box
$146.23
68852 S.B. County
Sheriff
Deputy Overtime Charges for Top-Gear
Event (Reimbursed)$360.26
Some the larger items include:
68894 City of Colton February Advance for Wastewater
Treatment $98,500.00
68913 San Bern. Valley
Water District Settlement and Release Payment # 2 $236,389.76
68922 Tyler
Technologies
2013 Eden Accounting Module
Maintenance Agreement $17,143.92
Payroll costs processed for the period ending January 4, 2013 is as follows:
Period Ending Date Paid Period Payroll & Related Costs
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01/04/13 01/10/13 Biweekly $53,421.90
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:
Cynthia Fortune Completed 01/17/2013 2:29 PM
Finance Completed 01/17/2013 2:45 PM
City Attorney Completed 01/17/2013 3:28 PM
City Manager Completed 01/17/2013 3:28 PM
City Council Pending
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01/16/2013
Voucher List
CITY OF GRAND TERRACE
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Page:vchlist
Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68878 1/3/2013 011195 AMERICAN FIDELITY ASSURANCE CO DecEmpPaidFlex Dec. Emp Paid Flex Spending/Dep Care
23-250-10-00 808.34
Total : 808.34
68879 1/3/2013 011206 AUL 3121 TRUST PR ending 12/21/12Contributions for PR ending 12/21/12
10-022-68-00 208.48
Total : 208.48
68880 1/3/2013 010164 GREAT-WEST PRending12/07&12/21Employee Deferred Compensation PR
10-022-63-00 5,168.54
Total : 5,168.54
68881 1/3/2013 010693 ARROWHEAD UNITED WAY PR ending 12/21/12Contributions for PR ending 12/21/21
10-022-65-00 17.50
Total : 17.50
68882 1/9/2013 006285 RIVERSIDE HIGHLAND WATER CO Oct/Dec 2012 Oct/Dec Water Usage and Fees
10-450-238-000-000 3,518.91
10-190-238-000-000 104.82
10-805-238-000-000 1,101.45
09-440-238-000-000 179.60
32-600-307-000-000 21.60
34-700-767-000-000 10.80
32-600-216-000-000 10.80
26-600-239-000-000 368.14
32-600-301-000-000 10.80
48-600-330-010-000 21.60
34-700-710-000-000 10.80
32-600-326-000-000 21.60
26-601-239-000-000 67.93
32-600-214-000-000 33.37
Total : 5,482.22
68883 1/9/2013 001213 AT & T Dec 2012 Dec/Jan Phones & Internet Service
10-190-235-000-000 453.08
09-440-235-000-000 89.07
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 542.15 68883 1/9/2013 001213 AT & T
68884 1/15/2013 001038 VERIZON WIRELESS-LA 1149166135 Dec/Jan Wireless Services-Public Works
10-175-235-000-000 100.93
Total : 100.93
68885 1/15/2013 001907 COSTCO #478 0478 51 0012 822 WEEKLY CHILD CARE SUPPLIES
09-440-220-000-000 207.90
Total : 207.90
68886 1/15/2013 011138 SPARKLETTS 9637116 010113 December Bottled Water
10-190-238-000-000 36.16
10-805-238-000-000 13.59
09-440-238-000-000 49.35
Total : 99.10
68887 1/15/2013 003210 DEPT 32-2500233683 6035322500233683DEC MAINT SUPPLIES
10-195-245-000-000 162.25
Total : 162.25
68888 1/15/2013 011258 PETTY CASH, BARRIE OWENS 01152013 Cash for Animal Clinic Cash Box
10-200-15 300.00
Total : 300.00
68889 1/22/2013 001072 ADT SECURITY SERVICES 3rd Qtr 1206238973rd Qtr Senior Center Security
10-805-245-000-000 160.83
Total : 160.83
68890 1/22/2013 011221 BABCOCK LABORATORIES, INC.BL20157-2492 Waste Water Testing
21-573-605-000-000 7,600.00
Total : 7,600.00
68891 1/22/2013 010102 CALIF. ASSOC. OF CODE ENFORCE.2013 2013 Membership Dues-B. Owens
10-185-265-000-000 75.00
Total : 75.00
68892 1/22/2013 010867 CHAMPION FIRE SYSTEMS INC 27550 3rd Qtr City Hall Fire Alarm Monitoring
10-195-246-000-000 144.00
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 144.00 68892 1/22/2013 010867 CHAMPION FIRE SYSTEMS INC
68893 1/22/2013 011031 CINTAS CORPORATION #150 150728525 C.Care Paper Goods & Supplies
09-440-228-000-000 223.07
150737565 C.Care Paper Goods & Supplies
09-440-228-000-000 141.29
150746608 C.Care Paper Goods & Supplies
09-440-228-000-000 138.30
150755636 C.Care Paper Goods & Supplies
09-440-228-000-000 63.98
Total : 566.64
68894 1/22/2013 001840 CITY OF COLTON Feb 2013 Feb Advance for Wastewater Treatment
21-570-802-000-000 98,500.00
Total : 98,500.00
68895 1/22/2013 006435 CITY OF SAN BERNARDINO 2013-10000046 JANUARY ANIMAL CONTROL SRVS
10-187-256-000-000 8,682.00
Total : 8,682.00
68896 1/22/2013 001867 COMMERCIAL LANDSCAPE SUPPLY 180812 Park Supplies
10-450-245-000-000 498.25
Total : 498.25
68897 1/22/2013 011166 CORNERSTONE RECORDS MANAGEMENT 0196773 DECEMBER ARCHIVE TAPE STORAGE
10-140-250-000-000 56.65
10-380-250-000-000 56.65
Total : 113.30
68898 1/22/2013 001950 DATA QUICK B1-2109752 December Subscription Services
10-370-250-000-000 87.00
10-380-250-000-000 43.50
Total : 130.50
68899 1/22/2013 001942 DATA TICKET INC.44482 Nov Parking Cite Processing Services
10-140-255-000-000 275.00
Total : 275.00
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68900 1/22/2013 002082 DISCOUNT SCHOOL SUPPLY P28893700101 FOUR NEW CRIBS FOR INFRANTS PER NEW
09-440-219-000-000 1,688.29
Total : 1,688.29
68901 1/22/2013 011061 EZ SUNNYDAY LANDSCAPE 2347 December Park Maintenance
10-450-255-000-000 3,165.00
Total : 3,165.00
68902 1/22/2013 002901 G.T. AREA CHAMBER OF COMMERCE 7159-RDA DECEMBER CONSULTANT SRVS
32-370-255-000-000 860.00
Total : 860.00
68903 1/22/2013 011040 GOVERNMENT STAFFING SVCS INC 123586 Temp Sr Acct Tech 12/17/12-12/30/12
10-140-111-000-000 1,268.75
Total : 1,268.75
68904 1/22/2013 010632 HIGH TECH SECURITY SYSTEMS 102881 Replacement Processor & Mother Board
10-450-246-000-000 146.25
10-195-247-000-000 48.75
103080 February Security Camera Monitoring
10-450-246-000-000 60.00
10-195-247-000-000 20.00
Total : 275.00
68905 1/22/2013 010773 KELLAR SWEEPING INC.7387 December Street Sweeping
16-900-254-000-000 3,150.00
Total : 3,150.00
68906 1/22/2013 010097 NEXTEL COMMUNICATIONS 410575025-124 Nov/Dec Wireless Svc-Maint/C.Care
10-175-240-000-000 169.00
09-440-235-000-000 17.00
Total : 186.00
68907 1/22/2013 005400 OFFICE DEPOT 636297292001 Office Supplies
10-172-210-000-000 86.98
10-370-210-000-000 13.11
636297308001 Office Supplies
10-625-210-000-000 10.55
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 110.64 68907 1/22/2013 005400 OFFICE DEPOT
68908 1/22/2013 005586 PETTY CASH 12132012 Replenish C.Care Petty Cash
09-440-220-000-000 76.95
09-440-221-000-000 45.58
09-440-223-000-000 115.62
09-440-228-000-000 194.92
Total : 433.07
68909 1/22/2013 005688 PROTECTION ONE 2588440 3RD QTR ALARM MONITORING-CITY HALL
10-195-247-000-000 104.01
3020955 3RD QTR ALARM MONITORING
10-195-247-000-000 116.04
Total : 220.05
68910 1/22/2013 011074 REDFLEX TRAFFIC SYSTEMS 01072013 November Contract Services
17-900-255-000-000 1,069.25
Total : 1,069.25
68911 1/22/2013 010171 SIEMENS INDUSTRY INC 400091734 November Response Call Outs
16-510-255-000-000 134.87
400091735 NOVEMBER TRAFFIC SIGNAL/QUIKNET MAINT
16-510-255-000-000 1,163.36
Total : 1,298.23
68912 1/22/2013 006285 RIVERSIDE HIGHLAND WATER CO 2309 Dec/Jan Sewer Billing
21-572-255-000-000 160.94
Total : 160.94
68913 1/22/2013 010658 SAN BERNARDINO VALLEY 01102013 Settlement and Release-Payment # 2
33-021-20-10 229,536.00
33-300-200-000-000 6,853.76
Total : 236,389.76
68914 1/22/2013 006778 STAPLES 8023955905 Office Supplies
10-140-210-000-000 95.81
Total : 95.81
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Bank code :bofa
Voucher Date Vendor Invoice Description/Account Amount
68915 1/22/2013 010136 SWRCB FEES WD-0085531 FY 12-13 Annual Permit Fee
10-625-246-000-000 7,279.00
WD-0085577 FY 12-13 Sewer Permit Fee
21-572-255-000-000 1,521.00
Total : 8,800.00
68916 1/22/2013 006898 SYSCO FOOD SERVICES OF L.A.301020649 2 C. CARE FOOD/SUPPLIES
09-440-220-000-000 627.63
30180575 6 C. CARE FOOD/SUPPLIES
09-440-220-000-000 505.62
Total : 1,133.25
68917 1/22/2013 010712 TASO TECH, INC.1299 BARRACUDA SPAMFILTER 300-EU
10-380-249-000-000 1,010.24
Total : 1,010.24
68918 1/22/2013 011250 TIME FOR CHANGE FOUNDATION 01092013 CDBG Nov Inv. Case #106-38127/3876
22-425-309-000-000 1,000.00
01092013 Dec CDBG Dec Inv. Case #106-38127/3876
22-425-309-000-000 1,000.00
Total : 2,000.00
68919 1/22/2013 011253 TLMA ADMINSTRATION TL0000009313 Oct/Nov SLF Costs Main Traf Sig
16-510-255-000-000 698.85
Total : 698.85
68920 1/22/2013 011243 TRAFFIC MANAGEMENT, INC.147846 Sign Post
10-450-245-000-000 37.73
147847 SUSAN PETTA PARK/DROP BOX SIGNS
10-450-245-000-000 62.40
10-195-245-000-000 46.10
Total : 146.23
68921 1/22/2013 007034 TRANSPORTATION ENGINEERING 1254 NovemberTraffic Engineering Services
10-175-250-000-000 417.00
Total : 417.00
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Voucher Date Vendor Invoice Description/Account Amount
68922 1/22/2013 002239 TYLER TECHNOLOGIES, INC.045-79875 2013 Eden Accounting Module Main
10-140-246-000-000 17,143.92
Total : 17,143.92
68923 1/22/2013 007220 UNDERGROUND SERVICE ALERT 1220120287 December Dig Alert Tickets
16-900-220-000-000 18.00
Total : 18.00
68924 1/22/2013 007854 WESTERN EXTERMINATORS CO 827977 DECEMBER PEST CONTROL SERVICES
10-195-245-000-000 95.00
10-805-245-000-000 36.50
Total : 131.50
68925 1/22/2013 011256 WILLDAN FINANCIAL SERVICES 010-19788 Dec. Interim Finance Director Services
10-140-250-000-000 4,536.00
32-200-250-000-000 3,024.00
Total : 7,560.00
68926 1/22/2013 007987 XEROX CORPORATION 065790752 DECEMBER WC5755A XEROX COPIER LEASE
10-190-700-000-000 305.27
10-190-212-000-000 154.22
Total : 459.49
Bank total : 419,732.20 49 Vouchers for bank code :bofa
419,732.20Total vouchers :Vouchers in this report 49
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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
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Attachment: Check Register Account Index (1204 : Check Register No. 01-22-2013)
AGENDA REPORT
MEETING DATE:January 22, 2013 Successor Agency Item
TITLE:Letter to Assemblymember Brown Requesting Legislation on
Use of 2011 Tax Allocation Bonds
PRESENTED BY:Betsy Adams, City Manager
RECOMMENDATION:Review draft letter to Assemblymember Cheryl R. Brown
requesting her assistance with redevelopment dissolution
legislation permitting the use of 2011 tax allocation bonds
and authorize the Mayor and Chairman to sign the letter on
behalf of the City Council and Successor Agency Board.
BACKGROUND:
On December 18, 2012, the Successor Agency received the Department of Finance
(DOF) determination on the Meet and Confer for the Recognized Obligation Payment
Schedule III (ROPS3) for the period of January 1 through June 30, 2013. Included in
the determination was that the use of tax exempt 2011 Tax Allocation Bonds (TABS)
was disallowed as an enforceable obligation.
DISCUSSION:
The DOF determination in ROPS3 disallowing the use of 2011 TABS creates two issues
for the Successor Agency. The first is that design work funded by these bonds stopped
for the citywide storm water master plan and Michigan Street improvements. The
second is that without either legislative or legal intervention the Successor Agency's
ability to use these bonds in the future would be impaired. In addition to disallowing the
2011 TABS enforceable obligation, the DOF also directed the Successor Agency to
defease or repurchase the bonds on the open market. While Successor Agency legal
counsel believes the DOF exceeded its legislative authority in providing this direction, it
is nonetheless desirable to seek legislation which would strengthen the Successor
Agency's position on this matter.
After the Successor Agency Board was advised of the DOF determination on the 2011
TABS,several members of the Board were able to meet separately with
Assemblymember Cheryl Brown on possible legislation to allow Grand Terrace to use
these bonds for the purpose for which they were issued. Assemblymember Brown
asked for a letter to summarize this matter along with additional documentation which
could be included as an enclosure. Attached to the staff report is the draft letter along
with a summary of the activities and documents related to the 2011 TABS for
consideration for the Board.
FISCAL IMPACT:
The two fiscal impacts to the DOF determination on the 2011 TABS are discussed
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below:
1.No funds were approved to complete the design of the citywide storm water master
plan and Michigan Street improvements so the firm handling this design, Albert A.
Webb Associates, ceased work effective December 31, 2012.
2.The requirement to defease or repurchase these bonds, if not changed legislatively
or litigated, could result in the Successor Agency defaulting on conditions of its bond
obligations which would cause the bonds to lose their tax exempt status under
federal law. This would directly and negatively impact the bond holders and would
likely result in claims and/or ligation against the Successor Agency by the bond
holders.
ATTACHMENTS:
·2013_01_23_Letter to C_Brown on 2011 TABS
·Summary of GT 2011 TABS
APPROVALS:
Betsy Adams Completed 01/14/2013 5:56 PM
Finance Completed 01/15/2013 2:19 PM
City Attorney Completed 01/15/2013 4:13 PM
Successor Agency Counsel Completed 01/16/2013 4:24 PM
City Manager Completed 01/16/2013 5:06 PM
City Council Pending
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22795 Barton Road, Grand Terrace, California 92313-5295
January 23, 2013
The Honorable Cheryl R. Brown
California State Assembly
State Capital Building, Room 2196
P.O. Box 942849
Sacramento, CA 94249-0047
Subject: Grand Terrace Successor Agency 2011 Tax Allocation Bonds
Dear Assemblymember Brown:
On behalf of the City of Grand Terrace and the Grand Terrace Successor Agency, I write to
provide you with additional information on the Successor Agency’s need for legislation to ensure
its continued use of its 2011 tax allocation bonds (TABS) for a critical public works project in our
community. Over the past few weeks you and your staff have met with me and other members of
the City Council and Successor Agency Board on this urgent matter and we are very appreciative
of the consideration you have given it.
This letter is a follow up to our meeting with you to provide more detailed information on the plight
of the Successor Agency’s TABS due to an incorrect determination by the Department of Finance
(DOF) during its review of the Successor Agency’s Recognized Obligation Payment Schedule III
(ROPS3) for the period of January 1 through June 30, 2013. Attached to this letter is a summary
of what is referred to as Item No. 17 in ROPS3, which is the second half of the design phase for
the Citywide Storm Water Master Plan and related Michigan Street improvements. After going
through the Meet and Confer process,the DOF has denied any additional use of these bond
funds because the TABS were issued after December 31, 2010. In addition to not being
consistent with existing redevelopment dissolution law, the DOF’s determination on the 2011
TABS deprives the community of a much needed infrastructure project and could cause potential
negative consequences for the bondholders. It is for these reasons that we need your assistance
with legislation to reinforce that bonds issued prior to the dissolution of redevelopment must be
used so long as the purpose for which the bonds were issued can still be achieved.
It is imperative that the Successor Agency be allowed to use the 2011 TABS for their intended
purpose to construct vital storm water and street infrastructure in our community. If you have any
questions regarding the importance of legislation allowing the City of Grand Terrace’s Successor
Agency to use its 2011 tax allocation bonds, please do not hesitate to contact me at 909-430-
2212.
Sincerely,
Walt Stanckiewitz
Mayor for the City of Grand Terrace
Chairman for the Grand Terrace Successor Agency Board
Enclosure
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Summary of City of Grand Terrace
Community Redevelopment Association 2011 Tax Allocation Bonds
Item No. 17 in Recognized Obligation Payment Schedule III
1
Issue
In its letter of October 19, 2012, the Department of Finance (DOF)cited HSC
section 34191.4(c)in its determination of that Item Nos. 17 through 25 were not
enforceable obligations for the ROPS3 period but could be enforceable
obligations in the future after the Successor Agency receives a Finding of
Completion. The Successor Agency concurred with this determination for Item
Nos. 18 through 25 and sought to appeal this determination for Item 17 though
the Meet and Confer process with the DOF. The final determination of the DOF
was to deny Item Nos. 17 through 25 as enforceable obligations and to cite HSC
section 34191.4(c) again,now stating that because the bonds were issued after
December 31, 2010 and they are not an enforceable obligation of the Successor
Agency and must be defeased or repurchased on the open market.
History of 2011 TABS
Item No. 17, is for the design and right-of-way acquisition phase of a large public
works project funded with tax exempt bond proceeds issued by Grand Terrace’s
former redevelopment agency (2011A TABS). The enforceable obligation for this
phase of the project was established under ABx1 26 redevelopment dissolution
law,and not AB 1484. As allowed at the time by ABx1 26, the Department of
Finance approved Item No. 17, Michigan Street improvements (design and right-
of-way acquisition phase of $908,695 funded by 2011A tax allocation bonds) as
an enforceable obligation for the Grand Terrace Successor Agency in ROPS2.
This is the first phase of a large public works project.
Below is the summary of the approvals for the design and right-of-way acquisition
phase:
January 30, 2012: Grand Terrace Community Redevelopment Agency adopted
Resolution 2012-03 making findings regarding necessity and that the purpose of
the 2011 tax allocation proceeds can be achieved (refer to pages 2 through 4 of
Attachment 17-2). Listed in Attachment A of the Resolution is the Michigan
Street improvements,Southwest area infrastructure (storm drains), and storm
drain and street rehabilitation for Van Buren, Pico and Main Streets which are all
adjacent to Michigan Street and run into the Southwest area of the project area.
February 9, 2012: Community Redevelopment Agency submitted Resolution
2012-03 to the DOF for review (Attachment 17-2).
February 17, 2012: DOF accepts projects listed in Resolution 2012-03 as
enforceable obligations (Attachment 17-3).
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Summary of City of Grand Terrace
Community Redevelopment Association 2011 Tax Allocation Bonds
Item No. 17 in Recognized Obligation Payment Schedule III
2
April 4, 2012: Oversight Board adopted Resolution OB 2012-06 approving a city
wide master storm water study and storm drain design; the design of Michigan
Street right-of-way improvements; and the use of unexpended 2011 bond
proceeds to fund these projects. Established an enforceable obligation of
$908,694.60 for the design and right-of-way phase of the project (refer to pages
8 through 9 of Attachment 17-4).
April 12, 2012: Successor Agency provided DOF with Resolution OB 2012-06
and attachments approving a city wide master storm water study and storm drain
design; the design of Michigan Street right-of-way improvements; and the use of
unexpended 2011 bond proceeds to fund these projects (refer to pages 2
through 26 of Attachment 17-4). Successor Agency did not receive a response
from DOF.
April 18, 2012: Oversight Board adopted Resolution OB 2012-08 approving the
Recognized Obligation Payment Schedule for the period of July 1 through
December 31, 2012 (ROPS2) which included $908,695 enforceable obligation for
the design and right-of-way phase of the project for Fiscal Year 2012-13 with the
ROPS2 portion of the enforceable obligation as $480,000 (refer to pages 2
through 11 of Attachment 17-5).
May 2, 2012: Successor Agency provided DOF with Resolution OB 2012-08
approving ROPS2 including $908,695 enforceable obligation for the design and
right-of-way phase of the project for Fiscal Year 2012-13 with the ROPS2 portion
of the enforceable obligation as $480,000 (Attachment 17-5).
May 3, 2012: Successor Agency provided DOF with a second copy of
Resolution OB 2012-06 and attachments approving a city wide master storm
water study and storm drain design; the design of Michigan Street right-of-way
improvements; and the use of unexpended 2011 bond proceeds to fund these
projects (Attachment 17-4).
May 25, 2012: DOF provides Successor Agency with approval letter for ROPS2
(Attachment 17-6). Approved ROPS2 includes $908,695 enforceable obligation
for the design and right-of-way phase of the project for Fiscal Year 2012-13 with
the ROPS2 portion of the enforceable obligation as $480,000.
August 22, 2012: Oversight Board adopted Resolution OB 2012-16 approving
the Recognized Obligation Payment Schedule for the period of January 1
through June 3, 2013 (ROPS3) which included the enforceable obligation for the
Michigan Street improvements design and right-of-way phase of the project for
Fiscal Year 2012-13 however;the amounts entered for this project were in error
in several columns. Successor Agency requests the correction of these amounts
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Summary of City of Grand Terrace
Community Redevelopment Association 2011 Tax Allocation Bonds
Item No. 17 in Recognized Obligation Payment Schedule III
3
and believes this may allow DOF to reconsider the denial of this enforceable
obligation.
ROPS 3 Item No. 17
Column Submitted Requested
Correction
Project Name 2011A TABS Projects No Change
Execution Date 3/13/2012 No Change
Termination Date 3/13/2012 No Change
Payee Webb & Assoc No Change
Description Michigan St Improvements: design &ROW No Change
Project Area Grand Terrace No Change
Total Outstanding $428,695 $908,695
Total Due FY 2012-13 $480,000 $908,695
LMIHF -No Change
Bond Proceeds -$908,695
Reserve Balance -No Change
Admin Allowance -No Change
RPTTF -No Change
Other -No Change
Six Month Total -$428,695
August 28, 2012: Successor Agency provided DOF with Resolution OB 2012-16
approving ROPS3 including the enforceable obligation for the Michigan Street
improvement design and right-of-way phase of the project for Fiscal Year 2012-
13 which needs to be corrected as noted above (Attachment 17-7).
October 19, 2012: DOF provides Successor Agency with approval letter for
ROPS3 (Attachment 17-8). Approved ROPS3 excludes Item No. 17 as an
enforceable obligation.
November 15, 2012: Successor Agency Counsel provides letter to DOF at Meet
and Confer (Attachment 17-9) providing additional information on ROPS. With
regard to Item No. 17, the following federal law information:
“Furthermore, the bond proceeds in question were derived from tax exempt
bonds. As noted above, the Successor Agency has taken particular care in
ensuring that these bonds proceeds are used for the purpose for which they were
issued to avoid the loss of their tax exempt status under federal law. 26 USC §
149. If the DOF does not honor this enforceable obligation, it would result in the
Successor Agency defaulting on its bond obligations which would cause the
bonds to lose their tax exempt status, directly and negatively impacting the bond
holders.”
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Summary of City of Grand Terrace
Community Redevelopment Association 2011 Tax Allocation Bonds
Item No. 17 in Recognized Obligation Payment Schedule III
4
December 8, 2012: DOF provides Successor Agency with draft ROPS 3 Meet
and Confer determination which denies Items Nos. 17-25 as enforceable
obligations and asserts that the Successor Agency’s 2011 TABS are not an
enforceable obligation and must be defeased or repurchased on the open
market.
December 14, 2014: Response by Successor Agency counsel to DOF’s draft
letter on ROPS3 Meet and Confer determination. On the 2011 TABS, the
following is included:
“Furthermore, nothing in the Dissolution Bills categorically requires that all bond
issued after December 31, 2010 must be defeased or repurchased on the open
market. In fact, the requirement to defease is only imposed upon those bonds
where the purposes for which they were issued can no longer be achieved. The
determination of whether such proceeds can be spent in accordance with the
purpose of the related bonds is to be made by the Oversight Board for the
Successor Agency. The Department of Finance does not have the authority to
make such a determination. The requirement to repurchase bonds on the open
market is only imposed upon those bond proceeds derived from bonds issued
prior to December 31, 2010 where those bond proceeds are those remaining
after such bond proceeds are utilized consistent with § 34191.4(c) and where
such remaining bond proceeds cannot be utilized in a manner consistent with the
bond covenants. Such a requirement cannot be imposed on those bonds issued
after December 31, 2010 as is the case with these items.”
December 18, 2012: Final DOF determination on ROPS3 Meet and Confer
which includes denial of Item No. 17 as an enforceable obligation and the
requirement that the 2011 TABS be defeased or repurchased.
Summary of Item No. 17 Attachments
17-1: E-mail dated October 22, 2012 from Nichelle Thomas (DOF) to Bernie
Simon (SA) confirming 2011A is correct date for TABS
17-2: Community Redevelopment Agency submittal to DOF of Resolution 2012-
03 making findings regarding necessity and that purpose of the 2011 tax
allocation proceeds can be achieved
17-3: E-mail dated February 17, 2012 from DOF accepting the projects listed in
Resolution 2012-03 as enforceable obligations
17-4: Successor Agency submittal to DOF of Oversight Board Resolution OB
2012-06 approving a city wide master storm water study and storm drain
design; the design of Michigan Street right-of-way improvements; and the
use of unexpended 2011 bond proceeds to fund these projects
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Summary of City of Grand Terrace
Community Redevelopment Association 2011 Tax Allocation Bonds
Item No. 17 in Recognized Obligation Payment Schedule III
5
17-5: Successor Agency submittal to DOF of Oversight Board Resolution OB
2012-08 approving ROPS2 including $908,695 enforceable obligation for
the Michigan Street improvements design and right-of-way phase of the
project for Fiscal Year 2012-13 with the ROPS2 portion of the enforceable
obligation as $480,000
17-6:DOF ROPS2 approval letter to Successor Agency including $908,695
enforceable obligation for the design and right-of-way phase of the project
for Fiscal Year 2012-13 with the ROPS2 portion of the enforceable
obligation as $480,000
17-7: Successor Agency submittal to DOF of Oversight Board resolution OB
2012-16 approving ROPS3
17-8: DOF ROPS3 approval letter to Successor Agency
17-9: Memo from Successor Agency Counsel to DOF for Meet and Confer
meeting on November 15, 2012.
17-10:Draft letter from DOF to Successor on ROPS3 Meet and Confer results
including determination that Successor Agency is required to defease or
repurchase on the open market the 2011 TABS because they were issued
after December 31, 2010.
17-11:Letter from Successor Agency Counsel responding to DOF’s draft on
ROPS3 determination. Pages 1-2 include information on the Successor
Agency’s position on its TABS.
17-12:DOF letter of December 18, 2012 maintaining its position that Successor
Agency is required to defease or repurchase on the open market the 2011
TABS because they were issued after December 31, 2010.
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AGENDA REPORT
MEETING DATE:January 22, 2013 Council & Successor Agency Item
TITLE:Council Ad Hoc Committee on City Attorney Agreement
PRESENTED BY:Betsy Adams, City Manager
RECOMMENDATION:Create an Ad Hoc Committee of two members of the City
Council along with the City Manager to meet with the City
Attorney to review services provided to the City and the
Successor Agency.
BACKGROUND:
It has been Grand Terrace's practice for the City Council to hire the City Attorney, which
has been provided as contract service since incorporation. On September 27, 2011, the
Council awarded an agreement for legal services for the City and the Community
Redevelopment Agency to Jones & Mayer. This agreement was awarded through a
competitive proposal process. Jones & Mayer started providing legal services on
October 25, 2011 for a retainer of $8,000 per month, which is allocate equally between
the City and the former redevelopment agency.
DISCUSSION:
After Assembly Bill (AB 1484) was signed into law on June 27, 2012,Jones & Mayer
began invoicing the Success Agency separately from the City for actual legal costs
while continuing to invoice the $8,000 monthly retainer. The Successor Agency has not
paid these invoices while the City has paid the monthly retainer and allocated the
expense evenly between the two entities. Jones & Mayer began the separate billing for
the Successor Agency because it believed that AB 1484 provided for Successor Agency
expenses related to the wind down of the former redevelopment agency we allowable
as an enforceable obligation instead of an administrative cost. Virtually all of the work
Jones & Mayer does for the Successor Agency would be considered wind down related.
When this change in billing occurred, the City Manager and City Attorney agreed that
the Successor Agency would hold these invoices until the Department of Finance (DOF)
issued its final determination for the Recognized Obligation Payment Schedule III
(ROPS3), which occurred on December 18, 2012. The $8,000 monthly retainer was
paid during this period with the expense allocated equally to the City and the Successor
Agency. Legal expenses were included by the Successor Agency as an enforceable
obligation in ROPS3. They were allowed by the DOF in Grand Terrace's ROPS3,
though the DOF disallowed legal expenses as enforceable obligation for other
successor agencies some of which are Jones & Mayer clients.
The scope of legal services required by Grand Terrace has changed as the
redevelopment dissolution process has unfolded over the past 18 months. The City
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Manager and City Attorney recommend that the City Council appoint an Ad Hoc
Committee consisting of two members of the Council and the City Manager to meet with
the City Attorney to review the current scope of services provided by Jones & Mayer to
the City and the Successor Agency. The review will also assist with the resolution of
the Successor Agency's outstanding invoices from Jones & Mayer for legal services. It
is likely an outcome from the Ad Hoc Committee could be to separate Successor
Agency legal services from the current retainer agreement with Jones & Mayer.
Successor Agency counsel believes this may be necessary in order to maintain legal
expenses as an enforceable obligation in future ROPS periods. Maintaining Successor
Agency legal services as an enforceable obligation keeps it outs of the $250,000 annual
cost allowance, which would be beneficial.
FISCAL IMPACT:
There is no fiscal impact due to the Council forming an Ad Hoc Committee to review
legal services. Depending on the Committee's recommendations, there is the possibility
of budget impacts to the City and Successor Agency which would have to be
considered by the City Council and/or Agency Board at a subsequent public meeting.
APPROVALS:
Betsy Adams Completed 01/15/2013 3:23 PM
Finance Completed 01/16/2013 3:15 PM
City Attorney Completed 01/17/2013 2:34 PM
City Manager Completed 01/17/2013 3:27 PM
City Council Pending
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