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04/12/2016CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● APRIL 12, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 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.grandterrace-ca.gov <http://www.grandterrace-ca.gov> CALL TO ORDER Convene City Council Invocation Pledge of Allegiance ROLL CALL Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Sylvia Robles    Council Member Jackie Mitchell    Council Member Doug Wilson    Council Member Bill Hussey    A. SPECIAL PRESENTATIONS Presentation of Certificates to Terrace View Elementary School 2nd Grade Class for their Veteran Appreciation Presentation of Proclamation to Children’s Network Human Services for Child Abuse Prevention Presentation of Proclamation to One Legacy for Donate Life Agenda Grand Terrace City Council April 12, 2016 City of Grand Terrace Page 2 B. CONSENT CALENDAR They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 03/22/2016 DEPARTMENT: CITY CLERK 3. Monthly Financial Report for February 2016 RECOMMENDATION: Receive and file the Monthly Financial Report for the period ending February 29, 2016. DEPARTMENT: FINANCE 4. Amendment 2 of the Contract Between the City of Grand Terrace and EZ SunnyDay Landscape for Citywide Landscape Maintenance RECOMMENDATION: 1. Approve contract increase from $47,760 to $55,760 for the second and last year of the contract. 2. Authorize the City Manager to extend until February 1, 2017, the Service Provider Agreement with EZ SunnyDay Landscape for Citywide Landscape Maintenance DEPARTMENT: COMMUNITY DEVELOPMENT 5. Support by the City of Grand Terrace City Council of Senate Bill 1106 Mobile Home Park Citation Authority RECOMMENDATION: Authorize the Mayor to Sign a Letter of Support of Senate Bill 1106 Mobilehome Park Citation Authority DEPARTMENT: COMMUNITY DEVELOPMENT Agenda Grand Terrace City Council April 12, 2016 City of Grand Terrace Page 3 C. 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. D. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Doug Wilson Council Member Jackie Mitchell Mayor Pro Tem Sylvia Robles Mayor Darcy McNaboe E. PUBLIC HEARINGS – NONE F. UNFINISHED BUSINESS – NONE G. NEW BUSINESS 6. Ordinance to Amend Chapter 5.12 of City of Grand Terrace Municipal Code (Cable Television Franchises) RECOMMENDATION: Introduce and read by title only an Ordinance of the City Council to amend the Grand Terrace Municipal Code by replacing Chapter 5.12 Governing Cable Television Franchises. DEPARTMENT: CITY MANAGER 7. Adoption of Resolutions Updating Bank and Investment Account Signature Authority RECOMMENDATION: Adopt the attached Resolutions updating the Bank and Investment Account signature authority with the Arrowhead Credit Union. DEPARTMENT: FINANCE Agenda Grand Terrace City Council April 12, 2016 City of Grand Terrace Page 4 8. Amendment of On-Call Traffic Engineer Services Contract with Transportation, Engineering, Planning, Inc. (TEP) RECOMMENDATION: 1. Increase the TEP purchase order by $7,000.00 for increased traffic engineering consulting services; and 2. Authorize the City Manager to execute the Contract. DEPARTMENT: COMMUNITY DEVELOPMENT 9. Selection of Delegate to the Southern California Association of Governments (SCAG) 2016 Regional Conference and General Assembly RECOMMENDATION: 1. Appoint a Council Member as a Delegate to the Southern California Association of Governments (SCAG) 2016 Regional Conference and General Assembly for May 5 and May 6, 2016; and 2. Instruct the City Clerk to provide a Minute Excerpt to Southern California Association of Governments (SCAG) on this action. DEPARTMENT: CITY CLERK H. CITY MANAGER COMMUNICATIONS ADJOURN The Next Regular City Council Meeting will be held on Tuesday, April 26, 2016 at 6:00 p.m. Agenda item requests must be submitted in writing to the City Clerk’s office no later than 14 calendar days preceding the meeting. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● MARCH 22, 2016 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor McNaboe called the meeting to order at 6:00 p.m. Invocation was given by Pastor Alger Keough, Azure Hills Seventh Day Adventist Church. Pledge of Allegiance was led by Lieutenant O'Brine, San Bernardino County Sheriff's Department. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Sylvia Robles Mayor Pro Tem Present Jackie Mitchell Council Member Present Doug Wilson Council Member Present Bill Hussey Council Member Present G. Harold Harold Duffey City Manager Present Pat Jacquez-Nares City Clerk Present Richard Adams City Attorney Present Linda Phillips Child Care Present Sandra Molina Community Development Director Present Cynthia Fortune Finance Director Present Steve Lasiter Battalion Chief Present Robert O'Brine Lieutenant Present Eric Bougie Senior Accounting Technician Present A. SPECIAL PRESENTATIONS City Council Presentation of Commendation to the Grand Terrace High School Girls Soccer Team with Special Gift from Lion's Club Mayor McNaboe presented the Commendation to the Grand Terrace High School Girls Soccer Team. Jim McNaboe, on behalf of the Lion's Club, presented a grant check in the amount of $600.00 to the Grand Terrace High School Girls Soccer Team. Mayor McNaboe, Mayor Pro Tem Robles, Council Members Mitchell, Wilson, and Hussey all congratulated and thanked the Lady Titans for their dedication, hard work and for representing their community. 2 Packet Pg. 5 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 M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 2 San Bernardino Sheriff's Department Crime Statistics Lt. O'Brine presented the San Bernardino Sheriff's Department Crime Statistics PowerPoint Presentation. He also provided several tips to help deter crime. Council Member Mitchell requested that these tips be placed on the City's website. B. CONSENT CALENDAR APPROVED ALL CONSENT CALENDAR ITEMS RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 1. Waive Full Reading of Ordinances on Agenda WAIVED THE FULL READING OF ALL ORDINANCES 2. Approval of Minutes – Regular Meeting – 03/08/2016 APPROVED THE MINUTES OF THE 03/08/2106 REGULAR MEETING 3. Approval of Check Register No. 02292016 in the Amount of $1,333,267.15 APPROVE CHECK REGISTER NO. 02292016 IN THE AMOUNT $1,333,267.15, AS SUBMITTED, WHICH INCLUDES THE CHECK REGISTER ACCOUNT INDEX FOR FISCAL YEAR 2015-16. C. PUBLIC COMMENT - NONE D. CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Hussey thanked everyone that attended the meeting. He and Mayor Pro Tem Robles attended the Little League opening ceremonies it was a very good event. He stated that the work done at the park was appreciated by everyone. Council Member Hussey announced that on April 21 - 23, 2016 the Little Mermaid play will be at the Colton High School Auditorium the price is $12.00. He wished everyone a Happy Easter. 2 Packet Pg. 6 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 M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 3 Council Member Doug Wilson Council Member Wilson stated that he appreciated gathering with the citizens to discuss the City's business. He also thanked the City Manager for the great job he had been doing in moving the City forward. Council Member Wilson also expressed his appreciation in working with his colleagues. Council Member Jackie Mitchell Council Member Mitchell thanked everyone who attended the meeting and congratulated the Lady Titans Soccer Team for their success. She was unable to attend the Little League opening ceremonies but she did attend one of the first Little League games and heard the residents appreciation for the City's work at the park. Council Member Mitchell reminded everyone that the students were out on spring break and they should exercise additional caution while driving. She also wished everyone a Happy Easter. Mayor Pro Tem Sylvia Robles Mayor Pro Tem Robles stated it was music to her ears to hear that the Little League participants thanked them for the work done to the snack bar and sidewalk. This really emphasized the partnership with the City. She stated that Omnitrans was still going through the close out of SBX. Mayor Pro Tem Robles and her husband continue to attend the Senior lunch program and enjoyed the St. Patrick's Day celebration. Their food was excellent and encouraged everyone to attend. She stated her concerns with the Orange Show event on this weekend and commended City Manager Duffey for writing the Orange Show management an excellent letter addressing this issue. Mayor Darcy McNaboe Mayor McNaboe reported on the SANBAG meeting of March 10, 2016 as follows: 1. Metro Valley Study Session • Consent - Project Delivery 2. Construction Contract Change Orders to on-going SANBAG construction contracts with Sully-Miller Contracting Company and Skanska USA Civil West. • Discussion - Administrative Matters 3. SANBAG Fiscal Year 2016/2017 Budget - Metro Valley Study Session Task Review That the Metro Valley Study Session review and provide direction relative to proposed tasks to be included in the Fiscal Year 2016/2017 Budget. • Discussion - Project Delivery 4. Mount Vernon Avenue via duct over the BNSF Railway lntermodal Facility That the following be reviewed and recommended for final approval by the Board of Directors at a regularly scheduled Board meeting: Direct SAN BAG staff to develop a Memorandum of Understanding (MOU) with the City of San Bernardino, designating San Bernardino Associated Governments (SANBAG) as the lead agency for Environmental Clearance, 2 Packet Pg. 7 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 M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 4 Design, Right-of-Way Acquisition and Construction of the Mount Vernon Avenue via duct over the BNSF Railway lntermodal Facility. • Preview of the Hearings to Consider Resolutions of Necessity for Parcels for the Interstate 215 (1-215) Barton Road Interchange Improvement Project in the City of Grand Terrace 2. City Selection Committee held ELECTION OF LOCAL AGENCY FORMATION COMMITTEE (LAFCO) PRIMARY MEMBER - needed 13 votes to elect a member. Vote was tied between applicants 8 votes a piece. A seconding meeting for election will be held April 6 following the SAN BAG general board meeting. 3. San Bernardino Valley Municipal Water District Advisory Commission for Water Policy • PRESENTATIONS O A. Groundwater Sustainability Council Formation Update O B. Update on Conjunctive Use Programs O One of the foundational water management strategies in the Upper Santa Ana Watershed Integrated Regional Water Management Plan is conjunctive use which has been generally described as using our groundwater basins to store water that is available in the wet years so that it is available to be pumped out during dry years. - They refer to this as dry year yield. In 2012 the recommended cumulative total of 40,000 acre feet per year of dry year yield. This capacity represents an efficient, initial project size with the possibility of expanding to as much as 80,000 acre ft. Per year. Valley District in cooperation with water agencies in throughout the Santa Ana River Watershed and in cooperation with agencies within its service area have been developing a comprehensive conjunctive use program in the San Bernardino Basin Area. The two programs will share facilities and when possible to reduce cost. The program is called the Santa Ana River Conservation and Conjunctive Use Program. The programs collective store up to 112,500 acre- feet that will provide up to 37,500 acre-feet per year of dry year yield initially for up to 3 consecutive years. Valley District is looking at our region being in an 18 year drought although the state has been in a drought for the last four. The good news is that our basin can fill up to normal levels with 3 to 4 years of normal rain fall. O C. Regional Recycled Water Concept Study Update O D. Regulations for Water Conservation - This current drought is setting new records with up to 95% of the state at times experiencing severe drought conditions or worse. Snowpack is important since it detains rainfall and slowly releases it during the spring and summer allowing increased capture of the water supply. The runoff helps fill the state's reservoir system. The snowpack in the north set a new historic low in 2015 and tied 2 Packet Pg. 8 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 M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 5 the previous historic low (1977) in 2014 locally some underground storage levels are at historic lows. Of course storage levels are expected to go up during wet periods and down during dry - Not knowing when the rain will return is the reason our regional water agencies stretch the current water supplies as far as possible in case there is another dry year to follow. Due to the diversity of our local water portfolio and the careful planning of our water agencies, we are not in a severe drought emergency like some areas of the state. We will not run out of water today, tomorrow or next year. However, California is in the midst of a severe drought that is impacting imported and local water supplies and given the uncertainty of the drought, Californians are being asked to continue to work together to make it through. • A few reductions in restrictions for 2016 36% to 34% O E. 2016 Regional Water Management Plan Statement 4. Riverside Highland Water Company Annual Shareholder meeting - Thursday, March 24 at 9:00 a.m. All shareholders are welcome to attend. If you have not done so, please return your proxy cards to the Water Company by tomorrow morning so that they have a quorum for their board of director’s election 5. Temporary Closure of the Barton Road Bridge Caltrans will be conducting an inspection of the Barton Road Bridge just west of La Crosse Avenue and Grand Terrace Road on Wednesday, March 30, 2016. In order to complete the inspection, the Barton Road Bridge will be temporarily closed to east and westbound traffic on Wednesday, March 30, 2016 from 11:00 a.m. - 1:00 p.m. Traffic detours will be set up in Grand Terrace at Barton Road and La Crosse Avenue, Barton Road and Grand Terrace Road, and South Terrace Avenue in Colton, California. All westbound traffic will be diverted from Barton Road to southbound Lacrosse Avenue, continue west on De Berry Street in Colton, continue northbound on S. Terrace Avenue and return to Barton Road on the west side of the bridge in Colton. Eastbound Barton Road traffic will take the same route (reversed) and return to Barton Road at La Crosse Avenue in Grand Terrace. Vehicles traveling to local businesses on the east and west side of the bridge will have access to those locations with the assistance of traffic control. Please contact the City of Grand Terrace Public Works Department at (909) 824-6621. Mayor McNaboe wished everyone a Happy Easter. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS 4. Approval of Final Tract Map No. 18793 Community Development Director Molina presented this item. 2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 6 Daryl Moore, applicant, spoke in favor of approval of this item. Council Member Wilson stated that good planning works and appreciated that the City staff and applicant worked together on this project. 1. APPROVE FINAL TRACT MAP NO. 18973; 2. AUTHORIZE THE MAYOR TO SIGN THE TRACT MAP MYLAR’S; AND 3. DIRECT STAFF TO FORWARD THE MYLAR’S TO THE SAN BERNARDINO COUNTY RECORDER’S OFFICE FOR RECORDATION. 4. AUTHORIZE THE CITY ENGINEER TO ACCEPT THE PUBLIC IMPROVEMENTS UPON COMPLETION AND ACCEPTANCE. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: McNaboe, Robles, Mitchell, Wilson, Hussey G. NEW BUSINESS 5. Award of March 2016 Community Benefit Funds Senior Accounting Technician Bougie presented the PowerPoint presentation for this item. Karen Suarez, Vice-Chair, Board of Directors for The REC Center, availed herself for any questions the Council may have. She announced their Easter event would be from 11:00 a.m. to 2:00 p.m. on Saturday, March 26, 2016 at the Fire Station the cost was $10.00 per child to participate which includes a meal and $5.00 for adults meal included. Council Member Mitchell thanked Ms. Suarez for her work at The REC Center. She also requested that The REC Center provide their event information to the City Manager's office for dissemination to the Council and placement on the City's social media sites, Channel 3 and City's website. 1. APPROVE THE AWARD OF $310.00 FROM THE CITY’S COMMUNITY BENEFITS FUND TO THE GRAND TERRACE REC CENTER TO COVER THE COST OF A SPECIAL EVENT PERMIT; AND 2. APPROVE THE AWARD OF $2,000 FROM THE CITY’S COMMUNITY BENEFITS FUND TO THE GRAND TERRACE FOOTBALL & CHEER TO COVER THE COST 10 PROGRAM SCHOLARSHIPS TO YOUTH AGES 5 – 14 IN THE COMMUNITY. 2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 7 RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Sylvia Robles, Mayor Pro Tem AYES: McNaboe, Robles, Mitchell, Wilson, Hussey 6. Mid-Year Budget Review for Fiscal Year 2015-16 Finance Director Fortune presented the PowerPoint presentation for this item. Council Member Wilson requested an explanation for the CALPERS unfunded liability and where it came from. What did the money paid to CALPERS do to generate additional money? Finance Director Fortune clarified the CALPERS unfunded liability Mayor McNaboe asked how the City received its sales tax. Finance Director Fortune stated the City received it via an allocation and it usually run a quarter behind. City Manager Duffey presented the Fiscal Year 2016-2017 Budget Review Schedule. Mayor McNaboe requested clarification on packet page 54 table 7, cost to construct traffic signals, was it the City's goal to have all these signals installed. Community Development Director Molina confirmed that these signals had been adopted in the previous circulation plan and that the newly adopted circulation plan was not reflected on table 7. City Manager Duffey provided a brief overview on the LAIF program and the Zion loan repayment. He further stated that staff would be presenting different options for Council to consider as the best use of the City's funds. Council Member Mitchell asked if staff was requesting feedback on the Budget Review Schedule proposed. Council Member Mitchell suggested taking this workshop to the Senior Center during their lunch program. Council Member Hussey supports the idea of paying off existing debts. 1. RECEIVE AND FILE REPORT; 2. APPROVE PROPOSED BUDGET ADJUSTMENTS/RECOMMENDATIONS IF ANY; AND 2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 22, 2016 City of Grand Terrace Page 8 3. APPROVE RECOMMENDED FY 2016-17 BUDGET DEVELOPMENT GUIDELINES AND REVIEW SCHEDULE RESULT: APPROVED [UNANIMOUS] MOVER: Jackie Mitchell, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Robles, Mitchell, Wilson, Hussey H. CITY MANAGER COMMUNICATIONS City Manager Duffey reported that an offer had been made and accepted for the position of weekend code enforcement officer. Staff would be working on a strategy within the next 30 days to notify the residents of weekend code enforcement. The Council received a copy of the Circuit Reliability Review Report, he met with Southern California Edison (SCE) today and they provided him with this report. City Manager Duffey announced the Household Hazardous Waste event scheduled for May 14, 2016 here at City Hall. He also spoke to Burrtec on scheduling a Community Cleanup day per their franchise agreement but Burrtec does not want to haul on Sundays. He also reported that the Household Hazardous Waste collection events were normally held at the former Norton Air Force Base by San Bernardino County. The Mayor and Mayor Pro Tem expressed their concerns with the distance of the Air Base to Grand Terrace. Therefore, Staff worked with both the County and Burrtec to have the City of Grand Terrace host this event on May 14, 2016. ADJOURN Mayor McNaboe adjourned the meeting at 7:52 p.m. The Next Regular City Council Meeting will be held on Tuesday, April 12, 2016 at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Pat Jacquez-Nares, City Clerk 2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 2 2 , 2 0 1 6 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: April 12, 2016 Council Item TITLE: Monthly Financial Report for February 2016 PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Receive and file the Monthly Financial Report for the period ending February 29, 2016. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month. The attached MFR is for the period ending February 29, 2016. The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare them to the Approved Budget and fiscal year-to-date (YTD) expected amounts. The MFR encompasses the City’s two major funds: General Fund and Child Care Fund. DISCUSSION: The Fiscal Year (FY) 2015-16 Approved Budget amounts are presented in the attached MFR for reference purposes. Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report. The “expected” revenues reflect an analysis of revenue receipts that have, historically, been received as of this month in the fiscal year. The resulting positive or negative variances shown in the MFR are in comparison to these “expected” receipts. The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts; however, it is not entirely straight-line in nature. For example, some months have three pay periods rather than two. Also, debt service payments are only made twice a year. Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly. All of these factors are reflected in the YTD “expected” expenditures shown in the MFR. As part of the MFR, staff will include explanations of significant variances between YTD actual revenues and expenditures, and those that are “expected” at that point in the 3 Packet Pg. 13 fiscal year. This analysis and reporting process is intended to keep the City Council informed regarding the City’s financial position relative to the budget, and to identify any financial issues or concerns that arise during the fiscal year so appropriate and timely action can be taken in response to these variances. When reviewing the charts that provide the current monthly status of both revenues and expenditures, it is helpful to bear in mind that some of the fluctuations from month to month may be due to the following:  Invoices were not submitted to the City in a timely manner; and  Invoices may have required further review by the authorizing department. In addition, the MFR has been redesigned to provide more transparency by providing charts that compare actual receipts and expenditures against expected and approved budgets. Each category has 2 charts: 1. the 1st chart shows the actual receipts or expenditures incurred for the current fiscal year (FY2015-16) and is compared to the prior year (2014-15) actuals; and 2. the 2nd chart shows the total annual amounts incurred, for the current year, the prior year and is compared to the “expected” amounts for the current year. FISCAL IMPACT: GENERAL FUND Revenues The City’s General Fund revenue receipts of $2,414,843 through February are slightly below the expected amount of $2,492,560, reflecting a negative variance of $77,718. Below are the General Fund’s revenue categories and the status of each revenue line item: Revenue February YTD Actuals Status Property Tax $831,900 Increase in Property Taxes by $14.4k mainly due to increased valuations & increased collections. Residual Receipts - RPTTF 512,058 Minimal variance from expected revenues. Franchise Fees 177,696 Minimal variance from expected revenues. Licenses, Fees & Permits 140,231 Lower by $12.7k from expected; reduction in construction permits compared to last fiscal year; however increased revenues are expected for the remainder of the year. 3 Packet Pg. 14 Sales Tax 300,004 Lower by $99.3k from expected; Sales Tax is projected to be $160,000 less than budgeted as presented to City Council during the year-end projections in March2016. Intergovernmental Revenue/Grants 4,984 Minimal variance from expected revenues. Charges for Services 76,469 Minimal variance from expected revenues. Fines & Forfeitures 39.397 Minimal variance from expected revenues. Miscellaneous 17,952 Higher by $12.9k due to reimbursement receipt of state mandated claims (SB90) submitted to the State Controller's Office prior to 2004. Use of Money & Property 14,150 Minimal variance from expected revenues. Waste Water Receipts 300,000 No variance from expected revenues. TOTAL $2,414,843 Expenditures General Fund expenditures of $3,221,527 are below the expected amount of $3,399,139 reflecting a positive variance of $177,612. Below are the General Fund’s expenditure categories and the status of each expenditure line item: Expenditure November YTD Actuals Status Salaries $407,951 Savings of $82.2k show as a result of additional appropriations approved by City Council during the First Quarter report which included additional funding for personnel and savings from positions that were vacant during the first half of the year. Benefits 187,751 Retirement Benefits are $13.1k less due to the payment of the City's CalPERS liability in FY2014-15; however a lump-sum payment will be due to CalPERS at the end of the fiscal year. Professional/Contractual Services 1,983,564 Payments for professional services were processed later this current year than that of last fiscal year resulting in a variance of $80.8k. Materials & Supplies 107,380 Minimal variance from expected expenditures. Lease of Facility/Equipment 4,072 Minimal variance from expected expenditures. Equipment 0 No variance from expected expenditures. Capital Projects 0 No variance from expected expenditures. Utilities 81,079 Minimal variance from expected expenditures. Debt Service 254,848 Minimal variance from expected expenditures. Overhead Cost Allocation (140,868) Minimal variance from expected expenditures. Transfers Out 335,750 Minimal variance from expected expenditures. 3 Packet Pg. 15 Expenditure November YTD Actuals Status $3,221,527 CHILD CARE FUND The Child Care Fund’s revenue receipts of $645,162 are below the expected level of $653,779, reflecting a minimal variance of $8,617. As presented in a comprehensive financial status report to City Council in February 2016, the Child Care Services Fund revenues and expenditures have been revised to reflect a decline in child care enrollment during the first few months and increased attendance for the remainder of the year. Child Care expenditures of $683,490 are below the expected level of $716,755 reflecting a positive variance of $33,265. Expenditures have also been revised to adjust for the decline in revenues during the first few months of the fiscal year. As stated in the February 2016 staff report, another comprehensive update will be provided to Council within the next few weeks. ATTACHMENTS:  February2016 Monthly Financial Report (PDF) APPROVALS: Cynthia Fortune Completed 04/06/2016 7:12 PM Finance Completed 04/06/2016 7:13 PM City Attorney Completed 04/07/2016 9:54 AM City Manager Completed 04/07/2016 10:26 AM City Council Pending 04/12/2016 6:00 PM 3 Packet Pg. 16 City of Grand Terrace Monthly Financial Report For the Period Ending February 29, 2016 3.a Packet Pg. 17 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) Table of Contents GENERAL FUND Revenue Summaries Revenue Assumptions ........................................................................................... 4 Revenue Monthly Financial Detail ......................................................................... 5 Revenue Monthly History: Property Tax ................................................................................................... 6 Sales Tax ........................................................................................................ 7 Licenses, Permits & Fees ............................................................................... 8 Franchise Fees ............................................................................................... 9 Expenditure Summaries Expenditure Assumptions ...................................................................................... 12 Expenditure Monthly Financial Detail by Department ............................................ 13 Expenditure Monthly History by Department: General Government Departments ................................................................. 14 Community Development ................................................................................ 15 Finance ........................................................................................................... 16 Public Safety ................................................................................................... 17 Expenditure Monthly Financial Detail by Category ................................................ 20 Expenditure Monthly History by Category: Salaries ........................................................................................................... 21 Benefits ........................................................................................................... 22 Professional/Contractual Services .................................................................. 23 Materials & Supplies ....................................................................................... 24 CHILD CARE FUND Revenue and Expense Summary by Category ........................................................... 26 Revenue and Expense Monthly History ...................................................................... 27 Revenue and Expense Monthly History ...................................................................... 28 2 3.a Packet Pg. 18 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) GENERAL FUND REVENUE 3 3.a Packet Pg. 19 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) REVENUE ASSUMPTIONS: 1. Property Tax receipts are usually received twice a year: in December and May. 2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF) receipts are received twice a year: June for the July - December period and January for the January - June period. 3. Franchise Fee receipts are received monthly and quarterly; usually 30 - 45 days after the month or quarter end. 4. Sales Tax receipts are received monthly; the State distributes (advances) sales tax revenues usually 60 days after the close of the month; then has a quarterly “true-up.” 5. Waste Water receipts are received annually, usually at the first month of the fiscal year. 6. All other receipts are based on historical receipt pattern. 4 3.a Packet Pg. 20 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) REVENUES Revenue Approved Budget February YTD Expected Receipts Feb. YTD % Approved Budget February YTD Actuals Feb. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Tax Property Tax 1,551,518 817,540 52.7%831,900 53.6%14,360 1 TTF Residual Receipts - RPTTF 860,077 510,000 59.3%512,058 59.5%2,058 ees Franchise Fees 495,000 184,137 37.2%177,696 35.9%(6,441) mits Licenses, Fees & Permits 308,300 152,974 49.6%140,231 45.5%(12,743)2 Tax Sales Tax 900,000 399,314 44.4%300,004 33.3%(99,310)3 nts Intergovernmental Revenue/Grants 5,000 4,583 91.7%4,984 99.7%401 ces Charges for Services 104,000 67,664 65.1%76,469 73.5%8,805 res Fines & Forfeitures 36,800 36,487 99.1%39,397 107.1%2,910 ous Miscellaneous 5,000 5,000 100.0%17,952 359.0%12,952 4 erty Use of Money & Property 22,840 14,861 65.1%14,150 62.0%(710) pts Waste Water Receipts 300,000 300,000 100.0%300,000 100.0%0 4,588,535 2,492,560 54.3%2,414,843 52.6%(77,718) 1 2 4 5 City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending February 29, 2016 Increase in Property Taxes are due to increase in total property valuations and increased collections. Increase in miscellaneous revenue is due to the reimbursement receipt of state mandated claims (SB90) submitted to the State Controller's Office prior to 2004. License, Fees & Permits receipts are showing a slight decrease compared to last year; however, it is expected that this category will have increased revenues for the remainder of the fiscal year. Sales Tax is projected to be $160,000 less than budgeted as presented to City Council during the year-end projections in March2016. 5 3.a Packet Pg. 21 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY REVENUE - Property Tax (2015-16 vs. 2014-15) $0 $0 $0 $4,793 $43,254 $15,393 $662,686 $4,883 $56,152 $31,628 $104,675 $591,726 $0 $0 $19,750 $2,686 $43,792 $133,872 $581,548 $50,251 $0 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 1,515,190 831,899 817,540 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 6 3.a Packet Pg. 22 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY REVENUE - Sales Tax (2015-16 vs. 2014-15) $0 $0 $42,941 $55,400 $73,900 $0 $154,048 $60,300 $46,232 $42,800 $57,100 $230,431 $0 $0 $29,595 $42,500 $56,500 $65,035 $49,874 $56,500 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 $763,152 $300,004 $399,314 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 7 3.a Packet Pg. 23 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY REVENUE - Licenses, Permits & Fees (2015-16 vs. 2014-15) $17,915 $7,615 $40,326 $22,020 $8,568 $11,489 $15,340 $64,060 $46,641 $29,548 $17,176 $25,178 $17,097 $10,453 $15,994 $13,004 $16,329 $8,565 $48,502 $10,287 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 $305,876 $140,231 $152,974 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 8 3.a Packet Pg. 24 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY REVENUE - Franchise Fees (2015-16 vs. 2014-15) $0 $0 $41,514 $23,181 $29,344 $14,162 $24,665 $43,954 $25,937 $156,812 $55,341 $84,917 $0 $0 $26,663 $11,962 $71,031 $0 $24,572 $43,469 $0 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 $499,827 $177,697 $184,137 - 100,000 200,000 300,000 400,000 500,000 600,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 9 3.a Packet Pg. 25 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 )       This page left intentionally blank.       10 3.a Packet Pg. 26 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) GENERAL FUND EXPENDITURE BY DEPARTMENT 11 3.a Packet Pg. 27 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) EXPENDITURE ASSUMPTIONS: 1. Expenditure appropriations are divided into 12 monthly allocations, with adjustments made for payroll periods, the timing of debt service payments, and certain quarterly allocations. 2. Sections/Cost Centers are rolled into each Department as follows: a. CITY COUNCIL b. CITY MANAGER i. City Manager ii. Senior Citizens Program iii. Emergency Operations c. CITY CLERK i. City Clerk ii. Historical & Cultural Commission iii. Information Technology d. CITY ATTORNEY e. FINANCE f. PUBLIC SAFETY g. NON-DEPARTMENTAL i. Non-Departmental ii. Overhead Cost Allocation h. COMMUNITY DEVELOPMENT i. Building & Safety ii. Public Works iii. Rental Inspection Program iv. Enforcement Program v. Facilities Maintenance vi. Community Development vii. Parks Maintenance viii. Storm Drain Maintenance ix. National Pollutant Discharge Elimination System (NPDES) x. Planning Commission 12 3.a Packet Pg. 28 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending February 29, 2016 EXPENDITURES BY DEPARTMENT Department Approved Budget February YTD Projected Expenditures Feb.YTD % Approved Budget February YTD Actuals Feb.YTD % Approved Budget Positive (Negative) Variance from YTD Expected City Council 60,877 38,075 62.5%37,123 61.0%951 City Manager 511,669 304,031 59.4%218,664 42.7%85,367 1 City Attorney 64,000 37,003 57.8%37,233 58.2%(231) City Clerk 218,398 152,233 69.7%150,840 69.1%1,393 Community Development 1,249,409 810,629 64.9%741,655 59.4%68,974 2 Finance 501,035 309,245 61.7%308,763 61.6%482 Public Safety 1,676,200 1,101,290 65.7%1,082,533 64.6%18,757 Non-Departmental 696,015 646,634 92.9%644,715 92.6%1,919 4,977,603 3,399,139 68.3%3,221,527 64.7%177,612 1 2 In addition to a few unfilled positions in the department that generated some savings, payments for professional services were processed later this current year than that of last fiscal year for the Community Development Department. Savings show as a result of additional appropriations approved by City Council during the First Quarter report which included additional funding for public safety, cameras, weekend code enforcement, tree trimming and other programs anc activities goeared towards preserving and protecting the community. 13 3.a Packet Pg. 29 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY EXPENDITURE - General Government (2015-16 vs 2014-15) $30,669 $66,646 $45,756 $51,394 $45,032 $1,182 $65,559 $58,780 $43,082 $53,826 $34,057 $117,018 $51,549 $68,684 $52,345 $40,303 $41,143 $44,346 $96,336 $50,099 $0 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $613,001 $444,805 $531,341 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 14 3.a Packet Pg. 30 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY EXPENDITURE - Community Development Dept (2015-16 vs 2014-15) $50,215 $75,247 $63,027 $103,646 $56,463 $68,632 $89,347 $66,396 $97,799 $98,386 $85,470 $195,345 $59,463 $115,360 $111,153 $71,845 $76,063 $111,601 $95,292 $100,878 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $1,049,973 $741,655 $810,629 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 15 3.a Packet Pg. 31 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY EXPENDITURE - Finance (2015-16 vs 2014-15) $8,368 $24,457 $35,837 $62,204 $49,272 $31,714 $68,273 $30,082 $6,230 $73,270 $34,660 $84,778 $11,091 $34,549 $44,603 $31,948 $45,276 $67,424 $37,984 $35,889 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $509,145 $308,764 $309,245 - 100,000 200,000 300,000 400,000 500,000 600,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 16 3.a Packet Pg. 32 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHYL EXPENDITURE - Public Safety (2015-16 vs 2014-15) $272,465 $0 $125,622 $125,622 $11,841 $0 $376,866 $125,622 $136,806 $272,716 $1,000 $137,037 $145,553 $132,057 $126,243 $132,057 $144,433 $132,057 $128,378 $141,754 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals 1,585,597 1,082,532 1,101,290 100,000 300,000 500,000 700,000 900,000 1,100,000 1,300,000 1,500,000 1,700,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 17 3.a Packet Pg. 33 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 )       This page left intentionally blank.       18 3.a Packet Pg. 34 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) GENERAL FUND EXPENDITURE BY CATEGORY 19 3.a Packet Pg. 35 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending February 29, 2016 EXPENDITURES BY CATEGORY Expenditure Approved Budget February YTD Projected Expenditures Feb. YTD % Approved Budget February YTD Actuals Feb. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Salaries 791,430 490,140 61.9%407,951 51.5%82,189 1 Benefits 295,873 200,868 67.9%187,751 63.5%13,117 1 Professional/Contractual Services 3,213,733 2,064,340 64.2%1,983,564 61.7%80,776 2 Materials & Supplies 182,202 101,465 55.7%107,380 58.9%(5,915) Lease of Facility/Equipment 4,400 4,215 95.8%4,072 92.6%143 Equipment 0 0 0 0 Capital Projects 0 0 0 0 Utilities 132,400 80,495 60.8%81,079 61.2%(585) Debt Service 257,800 257,800 100.0%254,848 98.9%2,952 Overhead Cost Allocation (281,735)(140,913)50.0%(140,868)50.0%(45) Transfers Out 381,500 340,728 89.3%335,750 88.0%4,978 4,977,603 3,399,139 68.3%3,221,527 64.7%177,612 1 2 Projected expenditures are based on last year's actuals. Payments for professional services were processed later this current year than that of last fiscal year. Savings show as a result of additional appropriations approved by City Council during the First Quarter report which included additional funding for personnel and savings from positions that were vacant during the fisrt half of the year. 20 3.a Packet Pg. 36 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY EXPENDITURE - Salaries (2015-16 vs. 2014-15) $31,794 $80,465 $47,975 $50,644 $48,890 $12,434 $77,909 $52,637 $50,350 $51,656 $52,455 $91,028 $55,881 $51,814 $52,468 $49,353 $44,587 $41,926 $64,982 $46,940 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $648,238 $407,951 $490,140 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 21 3.a Packet Pg. 37 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) EXPENDITURE - Professional/Contractual Services $317,366 $37,827 $258,492 $260,929 $109,616 $98,305 $484,303 $182,753 $209,683 $411,208 $85,763 $400,951 $167,195 $258,228 $294,350 $211,637 $226,205 $321,109 $253,947 $251,835 $0 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals 2,857,196 1,984,506 2,064,340 100,000 600,000 1,100,000 1,600,000 2,100,000 2,600,000 3,100,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 22 3.a Packet Pg. 38 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) EXPENDITURE - Materials & Supplies $6,167 $10,079 $7,104 $8,809 $16,802 $5,169 $6,766 $18,069 $17,502 $20,328 $3,911 $58,659 $21,178 $18,516 $5,164 $4,919 $23,089 $10,789 $8,704 $15,023 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $179,366 $107,380 $101,465 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 23 3.a Packet Pg. 39 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) EXPENDITURE - Benefits $11,880 $15,936 $21,058 $17,053 $14,517 $20,265 $33,861 $26,013 $30,033 $24,495 $22,607 $207,304 $26,333 $16,766 $33,942 $15,837 $18,974 $27,935 $32,135 $15,828 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $445,021 $187,751 $200,868 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 24 3.a Packet Pg. 40 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) CHILD CARE FUND REVENUE AND EXPENDITURE 25 3.a Packet Pg. 41 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) REVENUES Approved Budget Revised February YTD Expected Receipts Feb. YTD % Approved Budget February YTD Actuals Feb. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Tiny Tot Program 80,794 48,477 60.0%45,301 56.1%(3,176) After School Program 401,976 226,894 56.4%213,385 53.1%(13,509)1 Pre-School Program 724,839 365,508 50.4%371,462 51.2%5,954 Nutrition Program Grant 30,000 12,900 43.0%15,015 50.1%2,115 1,237,609 653,779 52.8%645,162 52.1%(8,617) 1 EXPENDITURES Approved Budget Revised February YTD Projected Expenditures Feb. YTD % Approved Budget February YTD Actuals Feb. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Salaries 601,990 383,429 63.7%381,235 63.3%2,194 Benefits 265,394 151,025 56.9%130,183 49.1%20,842 2 Professional/Contractual Services 29,600 12,458 42.1%11,925 40.3%533 Materials & Supplies 83,400 47,136 56.5%41,797 50.1%5,339 Lease of Facility/Equipment 4,000 500 12.5%120 3.0%380 Equipment 400 267 66.7%0 0.0%267 Capital Projects 11,400 6,394 56.1%3,499 30.7%2,895 Utilities 16,000 16,160 101.0%15,331 95.8%829 Overhead Cost Allocation 198,800 99,386 50.0%99,400 50.0%(14) 1,210,984 716,755 59.2%683,490 56.4%33,265 2 City of Grand Terrace FY 2014-15 Child Care Fund Monthly Financial Report For the Period Ending February 29, 2016 Retirement Benefits are less due to the current monthly payment CalPERS; however, a lump-sum amount will be due to CalPERS at the end of the fiscal year for the City's accrued pension liability. Child Care enrollment has declined during the last few months due to several families relocating & some parents losing their jobs; however, the Department has been able to recruit new attendees within the last few weeks. 26 3.a Packet Pg. 42 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY REVENUE - Child Care (2015-16 vs 2014-15) $61,872 $101,770 $94,221 $96,879 $82,320 $79,587 $72,047 $117,118 $98,082 $80,620 $100,083 $135,072 $54,764 $83,420 $92,401 $84,033 $73,395 $69,526 $96,804 $90,818 $0 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $1,116,708 $645,162 $653,779 - 200,000 400,000 600,000 800,000 1,000,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 27 3.a Packet Pg. 43 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) MONTHLY EXPENDITURE - Child Care (2015-16 vs 2014-15) $47,471 $94,829 $123,450 $71,732 $63,878 $120,464 $100,169 $67,346 $125,609 $72,350 $68,032 $193,411 $68,044 $66,357 $132,215 $65,844 $64,902 $124,930 $96,399 $64,798 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $1,270,297 $683,490 $716,755 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 28 3.a Packet Pg. 44 At t a c h m e n t : F e b r u a r y 2 0 1 6 M o n t h l y F i n a n c i a l R e p o r t ( 1 8 9 4 : M o n t h l y F i n a n c i a l R e p o r t f o r F e b r u a r y 2 0 1 6 ) AGENDA REPORT MEETING DATE: April 12, 2016 Council Item TITLE: Amendment 2 of the Contract Between the City of Grand Terrace and EZ SunnyDay Landscape for Citywide Landscape Maintenance PRESENTED BY: Sandra Molina, Community Development Director RECOMMENDATION: 1. Approve contract increase from $47,760 to $55,760 for the second and last year of the contract. 2. Authorize the City Manager to extend until February 1, 2017, the Service Provider Agreement with EZ SunnyDay Landscape for Citywide Landscape Maintenance 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by maintaining existing citywide landscaping. BACKGROUND: On February 1, 2014, City Council approved a landscape maintenance agreement with EZ SunnyDay Landscape to maintain citywide landscaping for the total sum not to exceed Forty Seven Thousand Seven Hundred Sixty Dollars ($47,760) per year. The agreement was executed for one (1) year with the provision of granting two (1) year extensions. The first 12-month extension was executed last year. DISCUSSION: During the term of the first year extension EZ Sunnyday provided additional services for tree removal, channel clean-up, tree trimming, chemical spraying and weed abatement. These services were done by EZ Sunnyday because they needed to be done in a timely manner and EZ Sunnyday was able to respond and perform the services in the timeframe required. The cost of the extra services totaled $7,985.00 beyond the original contract amount, for a total of $55,760.00 ($47,760 + $7,985) for the Second Term. In order to continue routine maintenance of the citywide landscaping, the second one (1) year extension (Third Term) to the landscape maintenance agreement with EZ SunnyDay Landscape is required. Also, in anticipation of extra services, an increase to the original contract amount from $47,760.00 to an amount not to exceed $55,760.00 to cover those expenses, is proposed. FISCAL IMPACT: 4 Packet Pg. 45 There are sufficient funds available in the Parks and Facilities Maintenance accounts to cover the original contract amount for annual citywide landscape maintenance cost, for the remaining three months of the fiscal year. As staff prepares the budget for the 2016-2017 budget year, sufficient funds will be budgeted to cover the remainder of the contract. Table 1 (Funds available for additional costs totaling $7,985): Fund Name Account Account Description Approved Amount Expense To Date Available Balance General Fund (10) 10-195-255 Facilities Maintenance 6,500 1,600 4,900 General Fund (10) 10-450-255 Parks Maintenance 40,000 35,405 4,595 TOTAL $9,495 ATTACHMENTS:  EZ SunnyDay Contract-02-01-2014 (PDF)  Amendment No. 1.pdf (PDF)  EZ SunnyDay - Amendment No. 2 (DOCX) APPROVALS: Sandra Molina Completed 04/05/2016 8:14 AM City Attorney Completed 04/05/2016 5:02 PM Finance Completed 04/05/2016 7:25 PM Community Development Completed 04/06/2016 7:43 AM City Manager Completed 04/06/2016 11:32 AM City Council Pending 04/12/2016 6:00 PM 4 Packet Pg. 46 4.a Packet Pg. 47 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 48 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 49 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 50 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 51 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 52 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 53 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 54 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 55 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 56 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 57 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 58 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 59 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 60 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 61 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.a Packet Pg. 62 At t a c h m e n t : E Z S u n n y D a y C o n t r a c t - 0 2 - 0 1 - 2 0 1 4 ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) 4.b Packet Pg. 63 At t a c h m e n t : A m e n d m e n t N o . 1 . p d f ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES BETWEEN THE CITY OF GRAND TERRACE AND EZ SUNNYDAY LANDSCAPE. THIS AMENDMENT (“Amendment 2”) is made and entered into this 12th day of April, 2016, by and between the CITY OF GRAND TERRACE (“City”), a Municipal Corporation, and EZ SunnyDay Landscape (“Professional”). WHEREAS, the City and the Professional entered into an Agreement for landscape maintenance services (“Agreement”) on or about February 1, 2014; and WHEREAS, the City Manager approved a 12-month extension to February 1, 2016, as provided for in the Original contract; and WHEREAS, the parties wish to Amend Section 2 (Term) of the Agreement to extend the term of the agreement to February 1, 2017, as provided for in the original Agreement; and WHEREAS, the parties wish to Amend Section 3 (Compensation/Payment) of the Agreement to approve the increased contract amount in the second and third years of the contract amount from $47,760 to $55,760 for additional services provided by Contractor; and NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as follows: Section 1. TERM is hereby amended to read as follows: This Agreement shall be effective on the date first written above and the Agreement shall remain in effect until February 1, 2017, unless otherwise terminated pursuant to the provisions herein. Section 2. COMPENSATION/PAYMENT is hereby amended to read as follows: Professional shall perform the Services under this Agreement for the total sum not to exceed Forty Seven Thousand Seven Hundred Sixty Dollars $47,760 for the Initial Term; and Fifty Five Thousand Seven Hundred Sixty Dollars ($55,760.00) for the second term and Fifty Five Thousand Seven Hundred Sixty Dollars ($55,760.00) for the second term third term. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof. 4.c Packet Pg. 64 At t a c h m e n t : E Z S u n n y D a y - A m e n d m e n t N o . 2 [ R e v i s i o n 1 ] ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) IN WITNESS THEREOF, the parties hereto have caused this Amendment 2 to be executed by and through their respective authorized officers, as of the date first above written. THE CITY OF GRAND TERRACE, A Municipal Corporation By: _________________________ By: _____________________ G. Harold Duffey Chaid Zecena City Manager Owner/Account Manager APPROVED AS TO FORM: By: _________________________ Richard L. Adams II, City Attorney 4.c Packet Pg. 65 At t a c h m e n t : E Z S u n n y D a y - A m e n d m e n t N o . 2 [ R e v i s i o n 1 ] ( 1 8 8 9 : E Z S u n n y D a y L a n d s c a p e M a i n t e n a n c e C o n t r a c t ) AGENDA REPORT MEETING DATE: April 12, 2016 TITLE: Support by the City of Grand Terrace City Council of Senate Bill 1106 Mobile Home Park Citation Authority PRESENTED BY: Sandra Molina, Community Development Director RECOMMENDATION: Authorize the Mayor to Sign a Letter of Support of Senate Bill 1106 Mobilehome Park Citation Authority 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety. BACKGROUND: The California Department of Housing and Community Development (HCD) enforces the Mobile Home Act. HCD currently has citation authority for certain new mobile home design and quality control defects, mobile home dealer violations, unlicensed mobile home sales activities, and health and safety violations in employee housing. The City of Grand Terrace only has zoning authority on new and expansion of mobilehome parks. Our Building and Safety Division has no building code authority on the placement of homes, or violations within the parks, as this was ceded to HCD several years ago. Most violations by park owners include dangerously deficient electrical, gas and plumbing systems. Violations by park residents are mostly accumulations of combustible materials, and electrical cords in lieu of permanent wiring. These same code violations sometimes linger for years in mobilehome parks because there is no monetary penalty for uncorrected violations. HCD, itself, is limited in their enforcement authority. Under current law, noncompliance with an order to repair a serious health and safety defect can only be enforced by expensive civil or criminal court proceedings. DISCUSSION: On February 17, 2016, Senator Connie M. Leyva (D-Chino) introduced Senate Bill 1106 entitled the Mobilehome Park Citation Authority. This Bill would authorize HCD to issue citations, as well as allow certain local governments to address noncompliance with health and safety violation notices in mobilehome parks. It would authorize HCD, when a violation has not been addressed after 30 days, to assess a $100 civil penalty for each violation that is a hazard constituting an unreasonable risk to life, health or public safety; and increased to $250 for the same violation in 12 months. For those violations that are an imminent hazard, the fine is $200 ($500 for the same violation within 12 months). City staff recommends support of Senate Bill 1106. Although the City only has a handful 5 Packet Pg. 66 of mobilehome/RV parks, when health and safety violation arise, HCD is limited in their ability to gain compliance. Under Senate Bill 1106, HCD would be able to assess monetary fines on the property owner, or mobilehome owner, as appropriate. The assessment of fines will lead to greater compliance. FISCAL IMPACT: There is no fiscal impact to the General Fund in support of Senate Bill 1106. ATTACHMENTS:  Fact Sheet SB 1106 MHP Citiations (DOC)  SB 1106 (Leyva) Support Letter (DOCX) APPROVALS: Sandra Molina Completed 04/01/2016 2:56 PM City Attorney Completed 04/04/2016 5:09 PM Finance Completed 04/04/2016 6:36 PM Community Development Completed 04/05/2016 8:16 AM City Manager Completed 04/06/2016 11:30 AM City Council Pending 04/12/2016 6:00 PM 5 Packet Pg. 67 SB 1106 · (Leyva) Fact Sheet · 04/07/16 SUMMARY Senate Bill 1106 would authorize the California Department of Housing and Community Development (HCD) to issue citations, as well as allow certain local governments to address noncompliance with health and safety violation notices in mobilehome parks. BACKGROUND HCD and certain local governments enforce the state’s health and safety requirements of the “Mobilehome Parks Act” (MPA) laws and regulations in the 4,500 mobilehome parks with about 400,000 spaces throughout the state. Enforcement includes issuing both park owners and resident homeowners notices of violation for defects in their parks or homes, respectively. Except for imminent hazards, they generally have 30 days to correct the violations. HCD currently has citation authority for certain new mobile home design and quality control defects, mobile home dealer violations, unlicensed mobile home sales activities, and health and safety violations in employee housing such as farmworker housing. Most violations by park owners include dangerously deficient electrical, gas and plumbing systems. Violations by park residents are mostly accumulations of combustible materials, and electrical cords in lieu of permanent wiring. The same code violations sometimes linger for years in mobilehome parks because there is no monetary penalty for uncorrected violations. In 2015, there were approximately 9,210 outstanding park violations, and 14,321 outstanding resident violations in California. Oftentimes, park owners and residents are cited numerous times for the same violations. PROBLEM Many park owners and residents do not make the repairs, despite repeated “notices” and follow-up inspections, and HCD’s authority to obtain compliance is limited by statute. Under current law, noncompliance with an order to repair a serious health and safety defect can only be enforced by expensive civil or criminal court proceedings by local or state public prosecutors, which makes enforcement of serious violations virtually impossible, given other prosecutorial priorities. The only other options are, for resident violations, to mandate park evictions lawsuits, and, for park violations, to suspend the park’s permit to operate and its right to collect rent. Both options have serious consequences without necessarily resulting in repairs. SOLUTION SB 1106 would add to HCD’s existing citation authority to allow it, and local governments enforcing the MPA, to issue citations after 30 days have elapsed without repair to an unreasonable or imminent health and safety violation by a park owner or homeowner in a mobilehome park. The initial citations for an “unreasonable” violation, such as a mobilehome park wide brownout, would be $100, with subsequent violations within one year being $250. Similarly, initial citations for an “imminent” hazard, such as running sewage under a mobilehome or trailer unit, would be $200, with subsequent violations within one year being $500. Additionally, simple administrative appeal rights are provided, including allowing HCD to keep the costs to the state and petitioners reasonable by utilizing in-house informal appeals rather than the Office of Administrative Hearings judges. The enforcement agency issuing the citation would retain the penalties, thus self-funding the enforcement process. STATUS Introduced – February 17, 2016 CONTACT Stephanie Reid, (916) 651-1517 Senate Select Committee on Manufactured Home Communities (Chair: Senator Connie M. Levya) Stephanie.Reid@sen.ca.gov Christopher Galeano, (916) 651-4020 Office of Senator Connie M. Leyva State Capitol, Room 4061 Christopher.Galeano@sen.ca.gov Senate Bill 1106 Mobilehome Park Citation Authority Senator Connie M. Leyva (D-Chino) 5.a Packet Pg. 68 At t a c h m e n t : F a c t S h e e t S B 1 1 0 6 M H P C i t i a t i o n s ( 1 8 8 7 : S u p p o r t o f S e n a t e B i l l 1 1 0 6 ) Office of the Mayor April 12, 2016 The Honorable Jim Beall Chair, Senate Committee on Transportation and Housing State Capitol, Room 2209 Sacramento, CA 95814 RE: Senate Bill 1106 (LEYVA) – SUPPORT Dear Senator Beall: The City of Grand Terrace supports SB 1106, a timely bill that will strengthen the state’s Mobilehome Park Maintenance and Inspection program. The City of Grand Terrace has four mobilehome and RV parks. The City is very concerned that the California Department of Housing and Community Development has limited authority to gain compliance on serious health and safety violations. In fact, under current law, noncompliance with an order to repair a serious health and safety defect can only be enforced by expensive civil or criminal court proceedings by local or state public prosecutors, which makes enforcement of serious violations virtually impossible, given other prosecutorial priorities. Throughout California, some of these parks – developed prior to 1960 – are in need of serious enforcement that will compel owners and residents to maintain their dwellings, which will in turn promote healthier and safer environments in cities. Senate Bill 1106 will add greater enforcement authority to the California Department of Housing and Community Development, and local governments that enforce the Mobilehome Parks Act in their jurisdictions, by issuing citations (from $100 to $500) for unreasonable or imminent violations of health and safety regulations. Currently, there is no penalty for these violations (some of which have been ongoing for years) that put both park staff and residents at risk. Furthermore, Senate Bill 1106 ensures that the program is self-funding, which allows for the penalties to be retained by the enforcement agency. For these reasons, we respectfully ask for your “AYE” vote for Senate Bill 1106 when it comes before your committee. 5.b Packet Pg. 69 At t a c h m e n t : S B 1 1 0 6 ( L e y v a ) S u p p o r t L e t t e r ( 1 8 8 7 : S u p p o r t o f S e n a t e B i l l 1 1 0 6 ) Letter to the Honorable Jim Beall Support of SB 1106 Page 2 Please feel free to contact us if you have any questions. Sincerely, Darcy McNaboe Mayor City of Grand Terrace cc: The Honorable Connie M. Levya The Honorable Anthony Cannella, Vice Chair, Senate Committee on Transportation and Housing Members, Senate Committee on Transportation and Housing Doug Yoakam, Consultant, Senate Republican Caucus 5.b Packet Pg. 70 At t a c h m e n t : S B 1 1 0 6 ( L e y v a ) S u p p o r t L e t t e r ( 1 8 8 7 : S u p p o r t o f S e n a t e B i l l 1 1 0 6 ) AGENDA REPORT MEETING DATE: April 12, 2016 Council Item TITLE: Ordinance to Amend Chapter 5.12 of City of Grand Terrace Municipal Code (Cable Television Franchises) PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Introduce by title only and waive further reading of an Ordinance of the City Council to amend the Grand Terrace Municipal Code by replacing Chapter 5.12 Governing Cable Television Franchises. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensure Our Fiscal Viability by identifying additional revenue and resources. BACKGROUND: On September 29, 2006, the State Legislature passed, and then-Governor Schwarzenegger signed into law Assembly Bill 2987, the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). Prior to DIVCA, cable television franchises were issued by cities and counties. DIVCA vests sole authority to issue franchises to the California Public Utilities Commission under Public Utilities Code Section 5800 et seq. However, the Grand Terrace Municipal Code, Chapter 5.12 (Governing Cable Television Franchises) was not modified to reflect DIVCA’s impact on local agencies ability to regulate cable companies. Under DIVCA, cable companies with local franchise agreements may uniltaterally apply and are issued a state franchise for the local jurisdiction. DIVCA authorizes Cities to collect a franchise fee up to a maximum of 5% of the company’s gross revenue. Two franchises have been issued by the state in the City of Grand Terrace: One to Time Warner and the other to AT&T. DISCUSSION: Chapter 5.12 of the Grand Terrace Municipal Code governs locally issued Cable Television System Franchises. However, since 2006, DIVCA has required video franchises to be issued by the State. There are currently no local cable television franchises. This ordinance is, in part, a clean-up of several obsolete codes. In addition, DIVCA allows cities to adopt a Public Education and Government (PEG) fee up to a maximum of 1% of the franchisee’s gross revenues (Attachment I). The fee is to be paid by subscribers on the cable portion of their bill to fund capital expenses 6 Packet Pg. 71 associated with providing public, educational, and governmental content. City staff estimates this fee would generate approximately $20,000 in Fiscal Year 2016-2017. The City currently maintains equipment at the Civic Center that allows staff to video, stream, and televise City Council, Planning Commission and other public meetings live as well as schedule replays of meetings during the week and produce other programming related to City services shown on Channel 3 for Time-Warner customers in Grand Terrace. The current equipment was installed many years ago and is technically outdated; the average life expectancy on such equipment is estimated at 5 years. If the Council implements this ordinance, section 5.12.030 B requires all state franchisees to pay the City the 1% PEG fee. The City will use PEG fee to upgrade its sound and video system to insure quality broadcasts of community meetings are able to be viewed by residents. Revenues from the PEG fees can only be used for capital costs and not for labor costs of delivering programming. DIVCA also requires state franchisees to insure that an initial signal to Government Access Channels are established. The franchisees are also required to meet state and federal customer service standards. The revision to Chapter 5.12.050 identify the monitoring authority and penalties for noncompliance. FISCAL IMPACT: Revenues provided by a 1% PEG fee would fund capital costs of providing public, education, and government programming, including equipment replacement associated with video cable government access. The 5% franchise fee remains unchanged. ATTACHMENTS:  Attachment I - DIVCA vs Cable Act (PDF)  Attachment II - Ordinance (PDF) APPROVALS: G. Harold Harold Duffey Completed 04/06/2016 11:29 AM City Attorney Completed 04/06/2016 4:23 PM Finance Completed 04/06/2016 7:21 PM City Manager Completed 04/07/2016 9:08 AM City Council Pending 04/12/2016 6:00 PM 6 Packet Pg. 72 6.a Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t I - D I V C A v s C a b l e A c t ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e 6.a Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t I - D I V C A v s C a b l e A c t ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e 6.a Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t I - D I V C A v s C a b l e A c t ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e Page 1 of 4 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING THE GRAND TERRACE MUNICIPAL CODE BY REPLACING CHAPTER 5.12 GOVERNING CABLE TELEVISION FRANCHISES. WHEREAS,In 2006, the California Legislature adopted Assembly Bill 2987 establishing the Digital Infrastructure and Video Competition Act (“DIVCA”) under California Public Utilities Code Section 5800 et seq., ending local control of cable franchising and vesting sole authority to issue franchises to the California Public Utility Commission; and WHEREAS, under DIVCA, the City may, by ordinance, enforce regulations against video providers holding a state franchise (“State Video Franchise Holders”); and WHEREAS, DIVCA also provides that State Video Franchise Holders operating within City shall pay to City certain fees, including a franchise fee and a fee for public, education, and governmental (“PEG”) purposes, if established by City ordinance; and WHEREAS, DIVCA also allows City to establish and enforce penalties for violations of the customer service rules by State Video Franchise Holders; WHEREAS, The purpose of this Ordinance is to implement the provisions of DIVCA and thereby preserve, to the fullest extent permitted by law, the rights and authority of the City with respect to the provision of video services within its jurisdictional limit. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ORDAINS AS FOLLOWS: SECTION 1. That the City Council of the City of Grand Terrace does find, determine, and declare that the Recitals set forth herein are true and correct and are incorporated herein as findings of the City Council. SECTION 2. That the Grand Terrace Municipal Code be amended by repealing Chapter 5.12 (CATV) in its entirety and replacing it with the following: “Chapter 5.12 –VIDEO FRANCHISES 5.12.010.Purpose and Authority. This Chapter is designed to regulate video service providers holding State video franchises and operating within the City. Under State law effective January 1, 2007, the California Public Utilities Commission has the sole authority to grant state video service franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (hereinafter “DIVCA”). Pursuant to DIVCA, the City has certain rights and responsibilities with respect to state video service franchise holders operating within the City. These include the receipt of a 6.b Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t I I - O r d i n a n c e ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e T e l e v i s i o n Page 3 of 4 franchise fee and a fee for Public, Educational and Government purposes, both based on a percentage of the gross revenues of state franchise holders. Additionally,City is responsible to establish and enforce penalties for violations of customer service rules. However, DIVCA grants all authority to adopt customer service standards to the State. The City will retain authority, without change, over all City cable franchisees until such time as they no longer hold a valid City cable franchise, or are no longer operating under a current or expired City cable franchise. 5.12.020.Definitions. For purposes of this Chapter, the following words, terms, phrases, and abbreviations, and their similar formulations, shall have the meanings given below: “Cable operator” shall have the meaning set forth in California Public Utilities Code Section 5830. “City” means the City of Grand Terrace. “City Manager” means the duly appointed City Manager of the City, or his or her designee. “CPUC” or “Commission” means the California Public Utilities Commission. “DIVCA” or “Act” means the Digital Infrastructure and Video Competition Act of 2006. “Gross revenue” shall have the meaning set forth in California Public Utilities Code Section 5860. “PEG” means public, educational and government access. “State Franchise” means a franchise issued by the CPUC pursuant to the DIVCA. “State Franchisee” means any cable operator or video service provider that, pursuant to DIVCA, has been granted a state franchise by the CPUC to provide cable or video service by means of communications service equipment or facilities and whose video service area includes all or any part of the incorporated limits of the City. “Video Service” shall have the meaning set forth in California Public Utilities Code Section 5830. “Video service provider” shall have the meaning set forth in California Public Utilities Code Section 5830. 5.12.030.State Video Service Franchise and PEG fees. A.Any state franchisee operating within the boundaries of the City shall pay a fee to the City equal to five percent (5%) of the gross revenue of that state franchisee. 6.b Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t I I - O r d i n a n c e ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e T e l e v i s i o n Page 3 of 4 B.Any state franchisee operating within the boundaries of the City shall pay an additional fee to the City equal to one percent (1%) of the gross revenue of that state franchisee, which shall be used by the City of PEG purposes consistent with state and federal law. 5.12.040 Audit Authority. Not more than once annually, the City Manager may examine and perform an audit of the business records of a state franchise holder to ensure compliance with Section 5.12.030. 5.12.050. Customer Service Standards A.A state franchisee shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. B.The City Manager shall monitor compliance of each state franchisee with respect to state and federal customer service and protection standards. The City Manager shall provide the state franchisee written notice of any material breach of applicable customer service standards, and allow the state franchisee holder thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty (30) day time period will be subject to the following penalties to be imposed by and payable to the City: 1.For the first occurrence of a violation, a fine of $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation. 2.For a second violation of the same nature within twelve (12) months, a fine of $1,000.00 may be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation. 3.For a third or further violation of the same nature within twelve (12) months, a fine of $2,500.00 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation. C.A state franchisee may appeal a penalty assessed by the City Manager to the City Council within thirty (30) days of the initial assessment. Any appeal must contain a detailed explanation of why the applicant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements or authority. The City Council shall hear all evidence and relevant testimony and may uphold, modify, and vacate the penalty. D.As provided in Section 5900 of the California Public Utilities Code, City shall submit half of all penalties received from a franchise holder to the Digital Divide Account established in Section 280.5 of the California Public Utilities Code. 5.12.060 City Response to State Franchise Application 6.b Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t I I - O r d i n a n c e ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e T e l e v i s i o n Page 3 of 4 A. Applicants for state video franchises within the boundaries of the City must concurrently provide complete copies to the City of any application, or amendments to applications, filed with the CPUC. One complete copy must be provided to the City Clerk, and a second complete copy to the City Manager. B. Within thirty (30) days of receipt, the City Manager will provide any appropriate comments to the CPUC regarding an application or amendment to an application for a state video service franchise. SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage and within (15) days after its passage, the City Clerk of the City of Grand Terrace shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law. [SIGNATURES TO FOLLOW ON NEXT PAGE] 6.b Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t I I - O r d i n a n c e ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e T e l e v i s i o n Page 3 of 4 PASSED, APPROVED, AND ADOPTED this ___ day of ____ 2016. _______________________________ Darcy McNaboe,Mayor ATTEST:APPROVED AS TO FORM: Pat Jacquez-Nares, City Clerk Richard Adams,II City Attorney I HEREBY CERTIFY the foregoing ordinance was duly adopted by the City Council of the City of Grand Terrace at a regular meeting held on the __ day of ___, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Pat Jacquez-Nares, City Clerk 6.b Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t I I - O r d i n a n c e ( 1 8 9 5 : O r d i n a n c e t o A m e n d C h a p t e r 5 . 1 2 o f C i t y o f G r a n d T e r r a c e M u n i c i p a l C o d e ( C a b l e T e l e v i s i o n AGENDA REPORT MEETING DATE: April 12, 2016 Council & Successor Agency Item TITLE: Adoption of Resolutions Updating Bank and Investment Account Signature Authority PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Adopt the attached Resolutions updating the Bank and Investment Account signature authority with the Arrowhead Credit Union. 2030 VISION STATEMENT: This staff report supports City Council Goal #1 – Ensuring our Fiscal Viability through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The City must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds and process the City’s financial transactions as personnel and organizational changes occur. DISCUSSION: On June 9, 2015 the City Council approved the update of the signature authorities (to include the new appointment of City Manager) with the following banking institutions: 1. Bank of America – City; 2. Bank of America – Successor Agency; 3. BBVA Bancomer; 4. California Asset Management Program (CAMP); 5. First Financial Equity; 6. Local Agency Investment Fund (LAIF) – City; 7. Local Agency Investment Fund (LAIF) – Successor Agency; and 8. US Bank. Resolutions were prepared for the various banking and investment accounts to implement the changes in signature authority. Attached is the Resolution required for the Arrowhead Credit Union who manages and maintains the City’s credit card program. 7 Packet Pg. 81 FISCAL IMPACT: There is no fiscal impact associated with adopting the attached Resolution. ATTACHMENTS:  Arrowhead Credit Union Resolution (DOC) APPROVALS: Cynthia Fortune Completed 04/05/2016 4:51 PM Finance Completed 04/05/2016 4:51 PM City Attorney Completed 04/06/2016 2:49 PM City Manager Completed 04/06/2016 2:52 PM City Council Pending 04/12/2016 6:00 PM 7 Packet Pg. 82 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE ARROWHEAD CREDIT UNION ACCOUNTS WHEREAS, the City of Grand Terrace (City) is a municipal corporation established under the laws of the State of California; and WHEREAS, the Arrowhead Credit Union is a not-for-profit financial cooperative established in 1949 and is governed by state credit union laws and regulations. The Arrowhead Credit Union is a cooperative, not-for-profit financial institution organized to promote thrift and provide credit to members; and WHEREAS, the City periodically needs to update its authorized signers with the Arrowhead Credit Union; and WHEREAS, the City Council designates the City Manager, Finance Director and Principal Accountant as authorized signers on Arrowhead Credit Union accounts; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Arrowhead Credit Union on behalf of the City; and WHEREAS, deposits may only come from and withdrawals may only be made by designated, authorized signers on the account; and WHEREAS, Arrowhead Credit Union requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. All previous resolutions of designated authorized signers with the Arrowhead Credit Union are hereby revoked. Section 2. Authorized account signers on Arrowhead Credit Union accounts are as follows: Position Individual Name City Manager G. Harold Duffey Finance Director Cynthia A. Fortune Principal Accountant Domilena R. Gonzales 7.a Packet Pg. 83 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n R e s o l u t i o n [ R e v i s i o n 1 ] ( 1 8 9 3 : U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 SECTION 3. Any one of the individuals named as an authorized signer acting on behalf of the City of Grand Terrace is authorized to initiate transactions and execute documents on behalf of the City. SECTION 4. Any two of the individuals named as authorized signers acting on behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City. SECTION 5. Interest payments, withdrawals and matured investments may only be transferred to an account of the City or paid by written demand to the City. SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 12th day of April, 2016. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace I, Pat Jacques-Nares, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk 7.a Packet Pg. 84 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n R e s o l u t i o n [ R e v i s i o n 1 ] ( 1 8 9 3 : U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Approved as to form: City Attorney 7.a Packet Pg. 85 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n R e s o l u t i o n [ R e v i s i o n 1 ] ( 1 8 9 3 : U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) AGENDA REPORT MEETING DATE: April 12, 2016 Council Item TITLE: Amendment of On-Call Traffic Engineer Services Contract with Transportation, Engineering, Planning, Inc. (TEP) PRESENTED BY: Sandra Molina, Community Development Director RECOMMENDATION: 1) Increase the TEP purchase order by $7,000.00 for increased traffic engineering consulting services; and 2) Authorize the City Manager to execute the Contract. 2030 VISION STATEMENT: This staff report supports Goal 2: Maintain Public Safety and Goal 3: Promote Economic Development. BACKGROUND: On December 8, 2015, the City Council approved Amendment 3 to the Original Contract with Transportation, Engineering, Planning, Inc. (TEP) for traffic engineering consultant services. TEP services include regional transportation planning, such as the Regional Transpiration Plan (RTP) and related growth forecasts, the Measure I Capital Improvement Plan; representation and at ongoing Transportation Technical Advisory Committee meetings; and traffic surveys studies requested by City staff to address city- wide traffic/transportation issues. Amendment 3 increased the compensation amount during the second term of the contract to $20,000, from the original $10,000 contract amount. Amendment 4 proposes to increase the compensation amount by an additional $7,000 to cover the cost of outstanding invoices, totaling approximately $3,000.00 and any additional services for the remainder of the term, which expires June 30, 2016. DISCUSSION: Amendment 4 to increase the contract amount TEP has spent considerable time in assisting the City with its response to the RTP and related growth forecasts; the Measure I CIP and CPNA, has attended meetings, assisted in planning efforts, and prepared documents and correspondence on the City’s behalf related to the aforementioned projects. 8 Packet Pg. 86 TEP has also prepared the truck route signing plan and reviewed the ordinance, assisted staff provide SANBAG Maintenance of Effort reports, attends on going TTAC meetings, and has spent considerable time on the Palm Avenue and Van Buren Street traffic plans, including assisting Willdan Engineering with the bid package. FISCAL IMPACT: A fiscal impact of $7,000.00 will be realized; however, there are sufficient funds to cover the increased contract amount in Account Number, 10-175-250 in the fiscal year, as shown below: FY2015-16 BUDGET LINE ITEM FUND ACCOU NT ACCOUNT TITLE APPROVE D BUDGET EXPENSE TO DATE AVAILABLE BALANCE General Fund (10) 10-175- 250 Prof. Services $42,846 $30,105 $12,741 TOTAL AVAILABLE FY2015-16 $12,741 ATTACHMENTS:  Original Contract (PDF)  Amendment No. 1 (PDF)  Amendment No. 2 (PDF)  Amendment No. 3.pdf (PDF)  Amendment No. 4 (DOC) APPROVALS: Sandra Molina Completed 04/05/2016 11:31 AM City Attorney Completed 04/05/2016 4:45 PM Finance Completed 04/05/2016 5:44 PM Community Development Completed 04/05/2016 6:14 PM City Manager Completed 04/06/2016 11:33 AM City Council Pending 04/12/2016 6:00 PM 8 Packet Pg. 87 PROFESSIONAL SERVICES AGREEMENT Transportation Engineering and Planoing Inc. (TPE) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this October a, 2013. ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a Municipal Corporation, and Transportation Engineering and Planning Inc .• TPE ("Professional"), a California Corporation. 1. Scope of Services. City agrees to retain Professional and Professional does hereby agree to provide the services more particularly described in Exhibit "A", "Scope of Services" ("Services"), attached hereto and incorporated herein by reference, in conjunction with On-Call Traffic Engineering. ("Services"). 2. Term. This Agreement shall be effective and shall commence on the date first written above and continue for an initial period of one year unless tenninated earlier pursuant to the provisions herein ("'nitial Tenn"). A maximum of two one year extensions may be granted by the City. 3. Compensation/PaymenL Professional shall perform the Services under this Agreement for the total sum not to exceed Ten Thousand Dollars, $10,000 for the Initial Tenn. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services perfonned. The invoices shall be delivered to City at the address set forth in Section 4, hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City City of Grand Terrace 22795 Barton Rd. Bldg. B Grand Terrace. CA 92313 To Professional Transportation Engineering and Planning Inc, TPE P.O. Box 18355 hvine CA 92606 5. Prevailing Wage. If applicable, Professional and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages detennined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's detennination is on file and open to inspection in the office of the C ity Clerk and is referred to and made a part hereof; the wage rates therein ascertained, detennined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Cootrac:t Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While perfonning the Services, Professional shall exercise the reasonable care and skill customarily exercised by reputable members of Professionals in the 8.a Packet Pg. 88 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8. Personnel. Professional shall furnish all personnel necessary to perform the Services and shall be responsible for their perfonnance and compensation. Professional recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "'8" attached hereto and incorporated herein by this reference and assigned to pcrfonn portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to ,:my other entity without prior written consent of the other party. In any event. no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Professional shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City'S Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 13. Professional acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the perfonnance of this Agreement, Professional and his employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Professional acknowledges and agrees that the C ity has no Obligation to payor withhold state or fede ral taxes or to provide workers' compensation or unemployment insurance to Professional or to professional's employees, subcontractors and agents. Professional as an independent contractor shall be responsible for any and all taxes that apply to professional as an employer. 11. Pen Eligibility Indemnity. In the event that Professional or any employee, agent, or subcontractor of Professional provid ing services under this Agreement claims or is detennined by a court of competent jurisdiction or the Californ ia Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Professional shall indemnify, defend, and hold hannless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contribution s, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to [he contrary, Professional and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 2 8.a Packet Pg. 89 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or wi llful misconduct of the City, Professional shall defend, indemnify and hold the City. and its officers, employees and agents. harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Professional or any of the Professional's employees, agents or subcontractors and from all claims by Professional 's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Professional or of Professional's employees, subcontractors or agents. 12.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, eosts or expense that the City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13. Insurance. 13.1 General Provisions. Prior to the City's execution of this Agreement, Professional shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in WTiting by the City's Risk Manager or City Attorney. or a designee, unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Professional's indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Professional as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, un less such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A-or higher and a Financial Class of VII or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 13.1.4 Adequacy. The City. its officers. employees and agents make no representation that the types or limits of insurance specified to be carried by Professional pursuant to this Agreement are adequate to protect. If Professional believes that any required insurance coverage is inadequate, Professional will obtain such additional insurance coverage as deems adequate, at Professional's sole expense. 3 8.a Packet Pg. 90 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 13.2 Workers' Compensation Insurance: By executing this Agreement, certifies that Professional is aware of and will comply wi th Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self- insurance before commencing any of the work. Professional shall carry the insurance or provide for self- insurance required by California law to protect said Professional from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement. Professional shall file with City eithe r (1) a certificate of insurance showing that such insurance is in effect, or that professional is self-insured for such coverage, or (2) a certified statement that Professional has no employees, and acknowledging that if Professional does empl oy any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written not ice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Professional shall obtain, and shall thereafter maintain during the tenn of this Agreement, commercial general liability insurance and automobile liabi lity insurance as required to insure against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Professional. The City and the City, and its officers, employees and agents, shall be named as additional insureds under the Professional's in surance policies. 13.3.1 Professional 's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including. but not limited to, premises operations liability, products-completed operations liability, independent's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 13.3.2 Professionals automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Professional's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Professional's perfonnance of this Agreement, which vehicles shall include, but are not limited to, owned vehicles, leased vehicles, Professional's employee vehicles, non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of th is Agreement, copies of insurance policies or original cert ificates and add itional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be fi led with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual fonn of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insures under this policy, solely for wo rk done by and on behalf of the named insured for the City of Grand Terrace. 4 8.a Packet Pg. 91 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 13.4 Subcontractors' Insurance. Professional shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the fo ll owing coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City'S request. Professional shall provide City with sati sfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 14. Business Tax. Professional understands that the Services perfonned under this Agreement constitutes doing business in the City of Grand Terrace, and Professional agrees that Professional will register for and pay a business tax pursuant to Chapler 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15. Time of Esseoce. Time is of the essence for each and every provision of this Agreement. 16. City's Right to Employ Other. C ity reserves the right to employ other in connection with the Services. 17. Solicitation. Professional warrants that they have not empl oyed or retained any person or City to solici t or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Professional the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this settion shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18. General Compliance with Laws. Profess ional shall keep fully informed of federal. state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by professional pursuant to this Agreement. Professional shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regu lations. 19. AmendmeoB. This Agreement may be modified or amended only by a written Agreement andlor change order executed by the Professional and the City. 20. Termination. City. by notifying professional in writing. shall have the right to terminate any or all of professional's services and work covered by this Agreement at any time, with or without cause. In the event of such termination, professional may submit s final written statement of the amount of's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 16 and 21 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to C;ty. 20.1 Other than as stated below, City shall give Professional thirty (30) days prior written notice prior to termination. 5 8.a Packet Pg. 92 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Professional, in the event: 20.2.1 Professional substantially fails to perform or materially breaches the Agreement; or 20.2.2 City decides to abandon or postpone the Services. 21. Offsets. Professional acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which professional owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to professional. Notice of such withholding and offset shall promptly be given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22. Successor.! and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Professional and its permitted successors and assigns, and shall not be assigned by. Professional either in whole or in plll1, except as otherwise provided in paragraph 9 of this Agreement. 23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with laws of the State of California. Prior to commencing suit in a court of competent jurisdiction, any controversy, dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein. 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 Co unty 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 th is 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 re<:over all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 24. Alternative Dispute Resolution. [n the event of any controversy. dispute or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, the matter shall be submitted to an alternative dispute resolution process, either nonbinding arbitration or mediation. ("Process") by written notice from either party to the other. The parties shall meet and confer in good faith and select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected Process shall be completed no later that 120 days (,'Proc ess Period") after tender of the aforementioned written notice, unless the Parties mutually agree to an extension of the Process Period. If the matter is not successfully resolved by the selected Process, within the Process Period, the parties are free to commence litigation in a court of competent jurisdiction as defined in Se<:tion 23 herein. Any litigation commenced without both parties' consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties further agree to equally bear the cost of the Process. 6 8.a Packet Pg. 93 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 25. Nondiscrimination. During Professional's performance of this Agreement, Professional shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AJDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Professional agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant andlor 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 andlor 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 andlor restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Autbority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind professional to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms oflhe agreement between the parties pertaining to the subject mattcr of this Agrecment, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of Cali fomi a in effect at the time of the execution of this Agreement. 29.3 In the event ofa conflict between the body of this Agreement and Exhibit "A" ("Scope of Services") hereto, the terms contained in Exhibit "A" shall be controlling. 30. Exhibiu. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit "A" -Scope of Services and fees Exhibit "B" -Key Personnel 7 8.a Packet Pg. 94 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) IN WITNESS WHEREOF City and Professional have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body BY~ Community Development Director Craig S. Neustaedter, P.E. 8 8.a Packet Pg. 95 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) EXHIBIT "A" SCOPE OF SERVICE The consulting Staff supplied by the firm will be considered as City Staff and will be expected to conduct all duties normally assigned to the Traffic Engineer. This includes routine traffic engineering duties such as traffic counts, signal timing, striping plans and the review of submilled signal and/or striping plans as well as more complex items such as review of Traffic Impact Analysis, studies for major projects, project review of development applications for the purposes of establishing conditions of approval, establishing program goals and budgets for long range planning of traffic impacts, checking and insuring compliance with regional Congestion Management Programs and coordinating with regional and adjacent local agencies. The following services are typically requested on an as needed basis: • • • • • • Complete traffic engineering studies, designs and surveys, plan and coordinate traffic operational programs within the City. Work closely with City Staff, CAL TRANS, SANBAG, adjacent Crties, law enforcement agencies in analyzing traffic related issues and mitigation, as requested. Meet with project applicants and developers as requested by Director and Deputy Director of Community Development Department. In the capacity of the City Traffic Engineer, advise the City regarding all traffic related mailers. As requested, oversee consulting maintenance contractor who provides monitoring and maintenance of the City's synchronized traffic signals on Barton Road . When requested, prepare and present engineering reports related to pedestrian traffic pallerns, traffic control devices such as stop signs signals, crosswalks, speed lones, traffic control, traffic signing and striping, traffic control plan preparation and similar mailers. 9 8.a Packet Pg. 96 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) • • • • • • Present reports at Planning Commission meetings and City Council meetings as needed. As requested , attend CAL TRANS and SAN BAG meetings. Assist City Staff with preparation of annual traffic reports including such items as Development Monitoring Reports, Measure I reporting, Traffic Circulation Element, Congestion Management Plan. Review and make recommendations on all traffic reports and provide input relating to traffic issues on planning and development applications, including recommendations on conditions of approval for development applications. Determine the need for and type of traffic controls; recommend traffic ordinances and resolutions; recommend traffic impact mitigation. As requested, prepare traffic signal design and preparation of signal timing sheets, coordination of signal timing and traffic Signal operation troubleshooting. 10 8.a Packet Pg. 97 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) EXHI BIT"B" TEP> Transportation Engineering and Planning Inc. (TEP) Craig S. Neustaedter Moses Katz Kamal McHantaf Ed Studor Mark Minard Isa Neustaedter Jeannine Taillac Principal Key Personnel (09/11/13) Master Designer Designer TEP Consultant Engineering Assistant Technician Clerical 8.a Packet Pg. 98 At t a c h m e n t : O r i g i n a l C o n t r a c t ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 8.b Packet Pg. 99 At t a c h m e n t : A m e n d m e n t N o . 1 ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 8.b Packet Pg. 100 At t a c h m e n t : A m e n d m e n t N o . 1 ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 8.c Packet Pg. 101 At t a c h m e n t : A m e n d m e n t N o . 2 ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 8.c Packet Pg. 102 At t a c h m e n t : A m e n d m e n t N o . 2 ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF GRAND TERRACE AND TRANSPORTATION,ENGINEERING AND PLANNING, INC. 3 shall become effective on the 23rd day of June, 2015, and is made and entered into on this _____ day of December, 2015 by and Municipal Corporation, and Transportation,Engineering,and Planning Corporation. WHEREAS, the City and the Professional entered into an Agreement for transportation engineering services October 8, 2013; and WHEREAS,on June 24, 2014, Amendment No. 1 was approved amending Section 2 (Term) of the Agreement to extend the initial term of the agreement to June 30, 2015 so that the Agreement terms will coincide with the fiscal year for budgeting purposes; and amending Section 3 (Compensation/Payment)of the Agreement to cover increased services during the initial term of the Agreement and to provide funding for the extension of the initial term of the Agreement. WHEREAS,on June 23, 2015, Amendment 2 was approved amending Section 2 (Term) of the Agreement to extend the term of the agreement to June 30, 2016, as provided for in the initial Agreement and Amendment 1; and WHEREAS,the parties wish to amend Section 3 (Compensation/Payment) of the Agreement to cover increased services during the term of the contract; and NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as follows: Section 1.Section 3. COMPENSATION/PAYMENT is hereby amended to read as follows: Professional shall perform the Services under this Agreement for the total sum not to exceed Twenty Five Thousand Dollars ($25,000) for the Initial Term (which reflects an increase of $15,000 over the original contract amount of $10,000);Twenty Thousand Dollars ($20,000)Dollars for the second term; and Ten Thousand Dollars ($10,000) for each subsequent term. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof. Section 2. All other terms contained in the Agreement, Amendment 1 and Amendment 2 that are not modified by this Amendment shall remain in full force and effect. 8.d Packet Pg. 103 At t a c h m e n t : A m e n d m e n t N o . 3 . p d f ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) 8.d Packet Pg. 104 At t a c h m e n t : A m e n d m e n t N o . 3 . p d f ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF GRAND TERRACE AND TRANSPORTATION, ENGINEERING AND PLANNING, INC. THIS AMENDMENT (“Amendment 4”) shall become effective on the 12th day of April, 2016 and is made and entered into on this 12th day of April, 2016, by and between the CITY OF GRAND TERRACE (“City”), a Municipal Corporation, and Transportation, Engineering, and Planning Inc. (“Professional”), a California Corporation. WHEREAS, the City and the Professional entered into an Agreement for transportation engineering services (“Agreement”) on or about October 8, 2013; and WHEREAS, on June 24, 2014, Amendment No. 1 was approved amending Section 2 (Term) of the Agreement to extend the initial term of the agreement to June 30, 2015 so that the Agreement terms will coincide with the fiscal year for budgeting purposes; and amending Section 3 (Compensation/Payment) of the Agreement to cover increased services during the initial term of the Agreement and to provide funding for the extension of the initial term of the Agreement. WHEREAS, on June 23, 2015, Amendment 2 was approved amending Section 2 (Term) of the Agreement to extend the term of the agreement to June 30, 2016, as provided for in the initial Agreement and Amendment 1; and WHEREAS, on December 8, 2015, Amendment 3 was approved amending Section 3 (Compensation/Payment) of the Agreement to cover increased services during the term of the contract; and WHEREAS, the parties wish to amend Section 3 (Compensation/Payment) of the Agreement to cover increased services during the term of the contract; and NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to amend the Agreement as follows: Section 1. Section 3. COMPENSATION/PAYMENT is hereby amended to read as follows: Professional shall perform the Services under this Agreement for the total sum not to exceed Twenty Five Thousand Dollars ($25,000) for the Initial Term (which reflects an increase of $15,000 over the original contract amount of $10,000); Twenty-Seven Thousand Dollars ($27,000) Dollars for the second term; and Ten Thousand Dollars ($10,000) for each subsequent term. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof. 8.e Packet Pg. 105 At t a c h m e n t : A m e n d m e n t N o . 4 ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) Section 2. All other terms contained in the Agreement, Amendments 1, 2 and 3 that are not modified by this Amendment shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have caused this Amendment 4 to be executed by and through their respective authorized officers, as of the date first above written. THE CITY OF GRAND TERRACE, A Municipal Corporation By: _________________________ By: _____________________ G. Harold Duffey Craig S. Neustaedter, P.E City Manager Principal APPROVED AS TO FORM: By: _________________________ Richard L. Adams II City Attorney 8.e Packet Pg. 106 At t a c h m e n t : A m e n d m e n t N o . 4 ( 1 8 8 8 : A m e n d m e n t t o T E P C o n t r a c t A m o u n t ) AGENDA REPORT MEETING DATE: April 12, 2016 Council Item TITLE: Selection of Delegate to the Southern California Association of Governments (SCAG) 2016 Regional Conference and General Assembly PRESENTED BY: Pat Jacquez-Nares, City Clerk RECOMMENDATION: 1. Appoint a Council Member as a Delegate to the Southern California Association of Governments (SCAG) 2016 Regional Conference and General Assembly for May 5 and May 6, 2016; and 2. Instruct the City Clerk to provide a Minute Excerpt to Southern California Association of Governments (SCAG) on this action. 2030 VISION STATEMENT: This staff report supports City Council Goal #4 “Develop and Implement Successful Partnerships” by working collaboratively with Public Sector, Local, Regional and State Agencies to facilitate the delivery of services to our community and to secure funding for programs and projects. BACKGROUND: The City of Grand Terrace is a member of the Southern California Association of Governments (SCAG). The SCAG’s 2016 Regional Conference and General Assembly is scheduled for May 5 and 6, 2016. Member cities are encouraged to send a city representative as a delegate to represent the City and cast their vote on SCAG policy. DISCUSSION: An important part of the Annual Conference is the conducting of the Annual Business Meeting at the General Assembly. The Annual Business Meeting is scheduled for 11:00 a.m. on Thursday, May 5, 2016, at the La Quinta Resort & Club in La Quinta, California. As a Voting Member of the General Assembly, the Delegate will receive one complimentary registration to SCAG’s Regional Conference and General Assembly; and a complimentary one-night hotel accommodation at La Quinta Resort on Thursday, May 5, 2016. The City’s current appointees to the SCAG Board are not available to attend this meeting. Therefore, SCAG has requested that the City Council appoint a Delegate and/or Alternate Representative and provide a Minutes Excerpt of this Council action. 9 Packet Pg. 107 FISCAL IMPACT: The fiscal impact for this trip is approximately $400.00 all of which was budgeted in the council travel expense of approximately $8,000 in 2015/16 budget account number 110- 270-000-000. APPROVALS: Pat Jacquez-Nares Completed 04/05/2016 2:40 PM City Attorney Completed 04/05/2016 3:18 PM Finance Completed 04/05/2016 3:46 PM City Manager Completed 04/06/2016 11:34 AM City Council Pending 04/12/2016 6:00 PM 9 Packet Pg. 108