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04/12/2011
FILE coPY . CITY ° Apri1.12,2011 GItem TERR CE " I 22795.Barton Road Grand Terrace California 92313=5295 Civic Center CITY .OF GRAND-TERRACE i (900)824-6621 Fax(909)783-7629 Fax'(909)783.-2600 - CRA/CITY COUNCIL Walt Stanckiewitz Mayor REGULAR MEETINGS Mee AnnGarcia ND TH �Vayor Pro Te 2AND 4Tuesday - 6:00 p.m. Bernardo Sandoval Darcy McNaboe Gene Hays Council Members Betsy M.Adams ; City Manager I Council Chambers Grand Terrace Civic Center .22795 Barton.-Road Grand Terrace, CA92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS April 12,2011 GRAND TERRACE CIVIC CENTER Workshop at 5:00 p.m. 22795 Barton Road Meeting at 6:00 p.m. THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING;PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION 5:00 P.M. CITY COUNCIL WORKSHOP 1. Law Enforcement Contract - San Bernardino County Sheriffs Department 6:00 P.M. CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 03-22-2011 Minutes Approve 2. Second Amendment to the Professional Consultant Services Approve Agreement with Rosenow Spevacek Group, Inc.to Prepare a Long- Term Financial Sustainability Model for the General Fund 3. Approval of Special Counsel for Agency Financing Authorize/Appropriate 4. Weed Abatement Services Contract(Ace Weed Abatement,Inc.) Approve/Appropriate 5. Loan Agreement between the City and Agency for$3,388,091.00 Approve 6. Award of Bid GTB-2011-01 to the Second Lowest Bidder for the Appropriate Michigan Street,Barton Road and La Paix Street Public Improvements (STI,Inc.) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Certificate of Recognition-Nina Mendoza Introduction of New SSS Kim Burleson COUNCIL AGENDA 04-12-2011 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No.04/12/2011 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of Minutes of 03/22/2011 Approve D. Loan Agreement between the City and Agency for Approve $3,388,091.00 E. Notice of Completion - Senior Center Commercial Kitchen Approve Remodel(DJD Group.Inc.) F. Award of Bid GTB-2011-01 to the Second Lowest Bidder for Rescind Award/Award the Michigan Street, Barton Road and La Paix Street.Public Improvements(STI,Inc.) G. Community Emergency Response Team(C.E.R.T.)Minutes of Accept 02/01/2011 H. Historical & Cultural Activities Committee Minutes of Accept 01/03/2011 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS A. Restatement of the General Fund Reserve Approve/Direct Staff B. American Metal Recycling, Junk and Secondhand Dealers Approve License 9. CLOSED SESSION.-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,APRIL 26,2011 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. PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING-MARCH 22,2011 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace,was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on March 22, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Chairman Lee Ann Garcia, Vice-Chairman Darcy McNaboe, Agency Member Bernardo Sandoval, Agency Member Gene Hays, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon,Finance Director Joyce Powers, Community&Economic Development Director John Harper, City Attorney Sgt. Ed Finneran,San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: Richard Shields,Building & Safety Director APPROVAL OF 03-08-2011 MINUTES CRA-2011-17 MOTION BY AGENCY MEMBER HAYS, SECOND BY VICE-CHAIRMAN GARCIA,CARRIED 5-0,to approve the March 8,2011 Community Redevelopment Agency Minutes. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 6:02 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, April 12, 2011 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CRA AGENDA ITEM NO. 1 J CALIFORNIA AGENDA REPORT MEETING DATE: April 12,2011 Council Item( ) CRA Item(X) TITLE: Second Amendment to the Professional Consultant Services Agreement with Rosenow Spevacek Group Inc. to Prepare a Long- Term Financial Sustainability Model for the General Fund �- PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Approve the second amendment to the agreement, appropriate $25,000 from the CRA Debt Service' Fund, and authorize the Executive Director to execute the second amendment. BACKGROUND: The General Fund is facing unprecedented fiscal challenges due to three items: ■ Declining revenues, beginning in Fiscal Year (FY) 2007-08, caused by. the economic recession. ■ Loan of$4,606,950 from the Agency to the General Fund which was acknowledged in FY 2009-10 and addressed in FY 2010-11, thereby reducing the loan balance to $3,388,093 along with establishing a repayment plan. ■ Governor's proposal to eliminate redevelopment agencies as a means to assist the State in addressing its own budget challenges. Absent a significant improvement in the local economy, it is anticipated that it will be difficult to adopt a General Fund operating budget in FY 2011-12 and FY 2012-13 without significant service level reductions. The proposed preparation of a long-term financial sustainability model for the General Fund would be a tool to assist with budget policy decisions. DISCUSSION: Rosenow Spevacek Group Inc. (RSG) has been the Agency's fiscal consultant for eleven years. RSG prepares the Agency's State mandated reports along with property tax increment and pass through calculations. With its extensive knowledge of the Agency's finances plus a general knowledge of the City's finances, RSG is able to prepare a long-term financial sustainability model for the General Fund in 30 days. This timing would allow the Council to receive the information at a Council Workshop on May 10, prior to the Council Workshop on May 24 for the proposed operating budget for FY 2011-1.2. CRA AGENDA ITEM NO. 2 1 .•VYv April 12,2011 Page Number 2 If the second amendment to the Agency's agreement with RSG is approved by the Agency Board,the General Fund sustainability model would focus on three areas: ■ Cash balance/cash reserve analysis by year ■ Net revenue/shortfall by year ■ Expenditure by priority ➢ Tier 1: Legally mandated costs due to statutes or liability ➢ Tier 2: Strategically essential but discretionary costs ➢ Tier 3: Non-essential discretionary costs _ The cash balance analysis of the financial sustainability model for the General Fund would be from the current fiscal year though build out, which is assumed to be 20 years. This information would be especially important if the State were to eliminate redevelopment agencies, as then cash flow would likely be added to the fiscal challenges the City faces. FISCAL IMPACT: The appropriation of$25,000 from the CRA Debt Service Fund(33) to account number 33-140- 250 will reduce the available fund balance by a corresponding amount. The General Fund does not have fund balance available for this work. As a primary reason for developing a long-term financial sustainability model for the General Fund is the potential loss of the City's redevelopment agency, it is appropriate for the Agency to fund this second amendment to the agreement with RSG. Respectfully submitted, Bets . Adams City Manager ATTACHMENTS: Attachment A: Second Amendment to Professional Consultant Services Agreement with Rosenow Spevacek Group Inc. Attachment B: Proposal for Fiscal Consulting Services for City General Fund Financial Sustainability Model 00 P03TI A0143CiA q. ,) I iviuuci iui %icuraw i unu April 12,2011 Page Number 3 Attachment A SECOND AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT Rosenow Spevacek Group,Inc. THIS SECOND AMENDMENT TO THE AGREEMENT is made and entered into this 12'' day of April, 2011 by and between the City of Grand Terrace Redevelopment Agency, a .public entity, hereinafter referred to as "CRA" and Rosenow Spevacek Group, Inc., hereinafter referred to as"Consultant." _= WITNESSETH: WHEREAS, on July 1, .2010, CRA and Consultant entered into an agreement ("Agreement") whereby Consultant agreed to 'prepare redevelopment project documents consisting of 1) analyzing and monitoring remittances of Tax increment revenue. from the Auditor Controller of the County of San Bernardino and other agencies, as necessary, to prepare 2) annual statement of indebtedness, 3) annual pass through report, 4) computation of annual pass through payments, 5) Completion of Agency's annual report to the State Controller, Department of Housing and Community Development and the CRA Board for a not to exceed price of$13,750.00; and WHEREAS, on March 8, 2011 the CRA and Consultant and CRA entered into a first amendment to the Agreement to perform the analysis necessary to prepare and deliver an independent fiscal consultant's report, for the purpose of establishing capacity of a potential tax increment bond issue for the City of Grand Terrace Redevelopment Project Areas for a not to . exceed price of$20,000.00; and WHEREAS, the CRA and Consultant desire to increase the total compensation by an additional $25,000.00 in order to prepare a long-term financial sustainability model for.the General Fund, including cash flows from the current year through build out(20 years), for use in addressing local fiscal challenges and the State's threat to eliminate redevelopment agencies; and WHEREAS,the total amount of the contract is not to exceed$58,750.00. NOW,THEREFORE,City and Consultant agree as follows: 1. Compensation. Compensation/Payment total fee is hereby amended and shall be $58,750.00. 2. Scope of Work. The Agreement is amended to include preparation of a long-term financial sustainability model for the General Fund, as detailed in Attachment B, attached hereto. 3. Authori The individuals executing this Agreement and the instruments referenced herein on behalf of Rosenow Spevacek Group, Inc. each represent and warrant that they have the legal power, right and actual authority to bind Rosenow Spavecek Group, Inc. to the terms and conditions hereof and thereof. _ 3 1v1VUGl wi %junci4l rune April 12, 2011 Page Number 4 4. Terms and Conditions. All other terms and conditions of the Agreement between the parties hereto dated July 1, 2010, not amended hereby shall remain in full force and effect. IN WITNESS WHEREOF, the CRA and Consultant have caused this Agreement to be duly executed on the day and year first above written. CONSULTANT CITY OF GRAND TERRACE, Rosenow Spevacek Group, Inc. Redevelopment Agency, a public entity By By Betsy M. Adams Executive Director APPROVED AS TO FORM ATTEST: By City Attorney City Clerk 4 I V LUUOl l Vl.V OIIOI 4l 1'Ul lU April 12,2011 Page Number 5 •� 5G Attachment B R y4 INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. T 714 5414585 309 WEST 4TH STREET F 714 5411175 SANTA ANA, CALIFORNIA E INFO.WEBRSG.COM 92701-4502 WEBRSG.COM Via Electronic Mail March 28,2011 Betsy M.Adams,City Manager -_ CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, CA 92323-5295 PROPOSAL FOR FISCAL CONSULTING SERVICES CITY GENERAL FUND FINANCIAL SUSTAINABILITY MODEL Dear Ms.Adams: Rosenow Spevacek Group, Inc. is pleased to present this proposal to prepare a long-term financial sustainability model for the City of Grand Terrace General Fund. The goal of the model is to develop the foundation for policy and service4evel analysis of the primary operational fund of the City. This analysis has been precipitated by a combination ongoing local fiscal challenges and the State's threat to abort redevelopment agencies fourteen years before the Redevelopment Agency is able to complete revitalization and economic development projects. Immediately, the forecast would provide staff and the City Council with information on the short and long term implications of the current budgetary environment. Going forward, this can be used as a management tool in conjunction with annual budget, General Plan and economic strategic planning on a regular basis. Created in Excel format, RSG would design the tool in order to allow for all of these potential applications. This letter presents our work program, experience, consulting team and fee'proposal to undertake the assignment. WORK PROGRAM RSG envisions a multi-layered Excel model that would be created to compute and present projected General Fund cash flows from the current year through build out(assumed to be 20 years). Because it provides essential services and a non-enterprise fund, the analysis is limited to the General Fund at this time, although other funds may be studied similarly in the future. We expect to review and refine the details of this forecast with staff at a face-to-face kickoff meeting, but we.envision the following structure to the model: <EDEVELOPMENTPLANNING REAL CS LATE ECONOMICS C1.51NG - - FINAN .,NG 'EAL F57A7E ACOUISI-IO`J M:V=UME-11HMOSES-11LOCALS-1\Templd%ELF2MGrand Terrace Forewstdoa CGNpMIC 7E`i ELCFN_VT � VERNNEN'SERVICES 5 • lY1VUGl 1V1 VGIIGI QI 1'LLllll Ms.Betsy M.Adams, City Manager April 12,2011 CITY OF GRAND TERRACE Page Number 6 March 28, 2011 Page 2 Prrumma ity-B sed Department and Revenue Detail Historic-Trends, Baseline, Growth. Model and Other - _ Assum tions�- =�- - Baseline Data/Assumptions Working with the City Finance Director, Auditor, and financial statements, RSG will develop a four-year history of the General Fund by revenue source and department, broken down as follows: Revenues Department Expenditures Property Taxes City Council Real Property Transfer Tax City Manager Property Tax VLF Swap City Clerk Prop 1A Finance Franchise Fees City Attorney Business License Fees Building&Safety Other Fees Public Works Sales&Use Taxes Community Events Sales Tax In Lieu Rental Inspection Program Motor Vehicle In Lieu Enforcement Programs . Intergovernmental Grants Non-Departmental Charges for Services Facilities Maintenance Building Fees&Permits' Community Development-Planning Planning Fees&Permits' . Information Systems Recreation Fees Law Enforcement Child Care Fees Child Care Services Park Fees Park Maintenance Fines&Forfeitures NPDES Use of Money&Property Storm Drain Maintenance Miscellaneous Revenues Committees/Commissions Transfers In Senior Citizens Program Emergency Operations Center Cost Allocation ' May project based on percentage off-setting expenditures rather than specific amount. RSG would need to consult with appropriate staff and recent fee study if available. IVLUUVl LUl VV,11V1a11'U11U Ms. Betsy M.Adams, City"Manager April 12,2011 CITY OF GRAND TERRACE Page Number 7 March 28, 2011 Page 3 In addition to collecting data on these operational revenues and expenditures, RSG would also review General Fund liabilities and assets with the Finance Director(as well as the Auditor if necessary) for the purposes of understanding existing available cash balances, cash reserves, and the disposition of any other assets and liabilities. A separate worksheet detailing the breakdown of liabilities and assets would be prepared for the study and incorporated into our forecast. Growth and other assumptions would be compiled by RSG, in consultation with Agency staff-and review, of applicable data. Growth may occur in the form of new development, as well as increased utilization of. City services as a result of population changes, commercial activity, inflation, and other factors. Where feasible, RSG would identify historic trends in recent years on each growth factor and take into consideration possible changes in these growth factors going forward in consultation with the Community Development Director, Finance Director, and City Manager. Department and Revenue Detail Department data will be compiled by line-item.detail and categorized into four areas: 1) salaries & benefits, 2) services, 3) supplies, and, as applicable, 4) capital outlay. Each department worksheet will include data on the number of personnel positions for each year. An illustration of the department page is presented'below: SAMPLE GENERAL FUND DEPARTMENT FORECAST 20074L;?; 2Wim_;'. 2W9-10,. 2010.1f?: 2D1142 2012-13 2013-14 2014-15 2MS-16 Awak` AdW, AMWI- AgBdgt' -- EXPENDITURES �Z : 3l1.S00 : s80.e00 : 30 eo0 : WOW Sabha a BerofN 2'N.aoo "�Zl�OO�j z7i aDD :" z7>i: 279,000 279,000 279,000 27%000 279,000 120,000 r.:=1200Wt 120,000 120,000 120 00,000 120,000 120,0 sample 75,= V=" 75,Om 75,000 75,000 75,000 75.000 75,000 sampb 45,000:°.`';�- 0�;; 45.0 _,�' 18.000,- -4S.OW 45.000 45.000 45,000 45,000 45.000 sartgb 39,WV','-:, ?.A,000'::.,_;,' 39,0W .ZFJ" :W.000 39,000 39.000 39,000 39,OW 39,000 Services 58.9W): :,58.900` 58.ii66 SS.00D' 58.900 58,900 58.9W 58.9W 58.9W sampb 50,00D.;.:. 50,0W., 500W. 50WO- 50,000 50,000 50.000 50.000 50.000 sample 8.500:r:.r; 8,500: 8,5W 0,500 8,5W 6,500 8,50D 8,500 samPb 2,400:-`,; 2, {.,"_ Z4W: :- 2,4W Z400 Z400 Z400 Z400 Z400 Supples 51.9W 51.900 51.970 51.800 St90D 51.800 sampb 50,OUR'+: 5D,005:" 5D.WD `E`,-5 100D 50,000 50,000 50.000 50.000 50,000 sample - 504�';'`- 500;`; 5W ",'; 5W 5W W 5 5W 5W 500 1,406=:.' '1,4W 1,400 1,400 1.400 1,400 1.400 CapLl OuBay - 41W.' 4. POSITIONS 2A:"• 20: 20 2A 2.0 20 2.0 20 20 Coy Mang" 1:0."'r 1.6' ,1.0 ':i 1.0 1.0 1.0 "-"1.0 1.0 1.0 1.0 d1 City Manager Page 1 of 1 7 IVLVLLVl 1V1 VV11btaJ a uuu Ms. Betsy M.Adams, City Manager April 12,2011 CITY OF GRAND TERRACE Page Number 8 March 28, 2011 Page 4 We certainly welcome comments or modifications to the sample worksheet from staff prior to the commencement of the assignment. Revenues would be similarly presented. We anticipate that the model will forecast approximately 15 years into the future based on the assumptions described earlier. Summary Presentation Once the detailed worksheets are prepared, RSG would then develop a variety of summaries consolidating this data into additional spreadsheets and graphs of the following data sets: 1) Cash Balance/Cash Reserve Analysis by Year 2) Net Revenue/Shortfall by Year 3) Expenditure by Priority: a. Tier 1: Legally-mandated costs due to statutes or liability b. Tier 2: Strategically essential but discretionary costs c. Tier 3: Non-essential discretionary costs With regard to the latter, it is expected that the first cut of the summary will segregate costs into the first and third category, and then RSG would meet with management staff and possibly the City Council to segregate costs between the "strategically essential" and "non-essential" categories. This segregation would be based on several factors— likely starting with the City's own municipal ranked priorities. It is expected that this analysis would evolve as discussions with staff and the elected officials unfold. Meetings Exclusive of on-site meetings to collect data, RSG staff would attend between two and three meetings associated with the development and presentation of this model. Schedule RSG anticipates that a draft of our model may'take approximately 30 days to complete, contingent on the availability,of staff and data necessary for the work. We would keep staff apprised of our work, including regular phone and email communication with key management staff as desired by the City. EXPERIENCE RSG conducts a wide-range of strategic planning services for municipal agencies throughout California. For over 30 years, RSG has been a leading consultant and advisor to local government agencies, developing fiscal models for incorporation and annexation projects, fiscal impact assessment for new development and planning applications, and reorganization of services. Four case studies of our experience and references are cited below: General Fund Cash Flow Analysis Since 1988, RSG has participated in the preparation of a variety of tax increment projections for the Agency's two Client: City of La Quinta project areas. Recent assignments have included preparation Tom Genovese, City Manager of build out analyses of the City General Fund and 760.777.7000 Redevelopment Agency revenues, wherein RSG analyzed the fiscal implications of full build out under the City's General Plan. RSG has also participated in $400 million-in bond issues for the Agency over the past 12 years, and is an integral member of the Agency's Cash Flow Management Team, which is responsible for intermediate and long-range strategic financial planning. f ivivuvI 1V1 %iwiwai r ulnu Ms. Betsy M.Adams, City Manager April 12,2011 CITY OF GRAND TERRACE Page Dumber 9 March 28,2011 Page 5 Oakhurst Incorporation RSG was hired to conduct a 10 year financial forecast of Comprehensive Fiscal Analysis operating funds upon the incorporation of the Town of Oakhurst in Madera County. The comprehensive fiscal Client: Madera LAFCO analysis considered the revenue and expenditures associated Dave Herb, Executive Officer with the Town's general fund, road fund, and nearly a dozen 559.875.7821 additional enterprise funds that would be needed in the community. One additional challenge during the process was the evolution of state subventions to local jurisdictions that undermined the feasibility of incorporation. The report included the financial implications of the incorporation on the County as well as the potential City; including additional analysis three alternatives by adjusting the proposed boundaries. Compensation and Police In July 2008, RSG prepared two studies for the City of Holtville Department Deficiency Studies (Imperial County). The,first study focused on a compensation study for specific employment classifications at the City, Client: City of Holtville wherein RSG surveyed over a half dozen comparable Laura Fischer, City Manager communities to obtain peer-level compensation and benefit 760.356.4574 information. This resulted in RSG and the City Manager collaborating in recommendations for job descriptions, title, and reclassifications for a more efficient organizations model. The second study involved preparation of the City's in-house police department, to ascertain areas of operational • deficiency, needed capital improvements, and recommendations for how to finance these costs. Prompted by concerns over cost and public (including officer) safety, the City weighed the costs and potential tax increases that would be needed, and ultimately determined that it may not be able to sustain an independent police department and began to explore options for outsourcing public safety services. East Truckee River Canyon In July 2010, RSG submitted to the City of Sparks an analysis Annexation Fiscal Analysis of the potential fiscal impacts associated with the annexation and subsequent development of 3,100 acres of territory in Client: City of Sparks(NV) unincorporated Washoe County. The analysis was triggered Jim Rundle, Senior Planner by interest from some property owners to annex into the City, 775.353.7827 which would result in some extraordinary infrastructure and service challenges due to its location relative to the rest of the City limits. Many of the proposed land uses were very conceptual and not yet approved by the City, which resulted in further challenges to performing the study. Ultimately, RSG worked with City staff to establish ranges of land use intensities within certain categories and performed an analysis based on each of those ranges, for the purposes of establishing land use policy and managing resource needs to the area. After evaluation of the policy and fiscal implications, the City Council determined that it was in the best interest of the City to de-annex portions of this area and remove the canyon corridor from the sphere of influence in February 2011. 9 LVLVuc,l 1V1 %ivimi al ruuu Ms. Betsy M.Adams, City Manager April 12;2011 CITY OF GRAND TERRACE Page Number 10 March 28,2011 Page 6 CONSULTING TEAM Jim Simon, Principal, would manage this engagement and be responsible for all presentations and work products. Assisting Mr. Simon would be Hitta Mosesman, Senior Associate and Ladunni Ososami, Analyst. Ms. Mosesman and Ms.,Ososami have assisted Mr. Simon in past projects for the City, and have prepared similar models for other RSG clients. Resumes of the consultant team are not included in this proposal, but are available for your perusal at our website www.webrsa.com. FEE PROPOSAL RSG is proposing to charge a fixed fee of$25,000 to complete this study, inclusive of three meetings and the necessary research and analysis. At the conclusion of our work, RSG would provide staff with five(5) bound hard copies of our final report, as well as an Excel model for staff use. Thank you for the opportunity to assist the City develop this important financial management tool. We are available to answer any questions you may have. Sincerely, ROSENOW SPEVACEK GROUP, INC. Jim Simon Principal • 1C CALIFORNIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item( ) CRA Item (X) TITLE: Approval of Special Counsel for Agency Financing PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Authorize staff to prepare a Professional Services Agreement for up to $50,000 annually between the Agency and Stradling Yocca Carlson&Roth, for legal services. 2. Appropriate $25,000 to fund legal services related to the Agency's financial position for the remainder of Fiscal Year 2010- 11. BACKGROUND: The Agency has determined to evaluate options for future financing that will affect the Agency's ability to complete projects and to receive tax increment revenue through 2034. According to California Redevelopment Law, Agencies may only collect revenue if required for debt service, and must provide annual Statements of Indebtedness to the County Auditor Controller and the , State Controller to justify collection of the tax increment. The Agency's existing 2004 bonds will be fully redeemed in Fiscal Year 2011-12, so consideration of future financing options is now timely. On March 24, 2011, staff forwarded a Request for Qualifications to six legal firms that specialize in Agency financing. The intent was to identify the most qualified firm able to forecast potential obstacles and outcomes to ensure an expedited process, preferably with experience in both bond issuance and private debt placement. DISCUSSION: Five responses were received to the Request for Qualifications from the following legal firms. 1. Murphy&Associates PC of Sacramento(requires reimbursement of travel expenses) 2. Jones Hall of San Francisco (requires reimbursement of travel expenses) 3. Stradling Yocca Carlson & Roth of Newport Beach 4. Best, Best & Krieger of Riverside 5. Harper& Burns of Orange CRA AGENDA ITEM NO.3 1 Staff has reviewed the information provided and listed references. All of the responding firms have experience with Agency bonding. Based on a management team analysis, staff recommends Stradling Yocca Carlson & Roth (SYCR), a firm with experience in private placement financing. In addition, SYCR is in the top ten ranked legal firms in the United States for these services. The quantity of financing transactions completed indicates extensive successful experience. . Staff recommends that the Agency authorize staff to prepare a Professional Services Agreement between the Agency and SYCR, valid through June 30, 2013, and allowing for a one-year extension by the Agencys Executive Director based on performance and needs of the Agency. The scope of services for the Agencys Special Counsel would include evaluation of the Agencys borrowing capacity and borrowing options, legal position for public offering, and preparation of the appropriate documents. Services would also include any necessary review and negotiation of existing agreements affecting receipt of tax increment revenue. SYCR and the other responding firms have a standard of billing based on hourly fees and varying flat fees for bond,issues within certain dollar ranges, making it difficult to forecast actual costs at this time. If the Agency determines to issue bonds, associated legal fees may be paid through the bond issue before the Agency receives the proceeds. If the debt is privately placed, the legal fees would be paid separately, as would any legal fees resulting from any negotiations -- and agreements with other pass through payment recipients. Because the total cost is dependent on future direction from the Agency after evaluation of financing options, staff recommends a budget appropriation of$25,000 for any fees incurred that are not allocated to the bond issue. Any additional requests for funds would be brought back to the Agency for approval. FISCAL IMPACT: After the initial appropriation of $25,000, for the two following Fiscal Years of 2011-12 and 2012-13; the$50,000 annual cap would be.included in the Agencys budget. Sufficient funds for these services are available in the CRA 80% undesignated fund balance. The Agencys fund balance and ability to pay new debt service will be provided upon completion of recommended analyses. Respectfully submitted, AO& "Joyce Powers Community and Economic Development Director Manager Approval: / Betsy . Ad s City Manager and CRA Executive Director ATTACHMENTS: None .0wi Nf3 t t PQ 7CT 0 Pi 9+RO �AL;FORNIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item( ) CRA Item ( X ) TITLE: Weed Abatement Services Contract PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Approve the attached Professional Services Agreement in the amount of $12,000 per year between the Agency and Ace Weed Abatement, Inc. for Weed Abatement Services. 2. Appropriate $6,000 from the Agency's available non-housing funds to a designated account to fund weed abatement for this Fiscal Year. BACKGROUND: Twice per year, the Agency receives notices from San Bernardino County Fire to remove combustible weeds and other items from Agency-owned parcels. Staff determined that issuing a Request for Proposals for these services was now appropriate and forwarded.the RFP to 12 companies providing these services to neighboring cities and counties. The Agency owns 16 parcels ranging in size from .25 acre to 9.24-acres as shown on the attached map. DISCUSSION: Two companies responded to the RFP: 1. Ace Weed Abatement Services of Moreno Valley; and, 2. Environmental Klean-Up of Riverside. The company recommended, Ace Weed Abatement Services, Inc. has provided weed abatement services to local government agencies for over 20 years. The company would complete weed abatement at Agency properties approximately twice per year at an annual cost not to exceed $12,000. The cost for the remainder of this Fiscal Year would be approximately $6,000. Ace Weed Abatement Services is recommended due to their complete responsiveness to the RFP. CRA AGENDA ITEM NO. L! 1 Staff recommends approval of the attached Professional Services Agreement, .which would expire on June 30, 2014. The Spring 2011 weed abatement work would be completed by the end of April. FISCAL IMPACT: The cost to the Agency for-the remainder of this fiscal year is $6,000 which is half of the maximum annual cost. In subsequent years, funds will be appropriated through the annual budget process. The Agency has sufficient non-housing funds for these services. Respectfully submitted, v�� �B72PiL4� Joyce Powers Community and Economic Development Director Manager Approval: Bets . Ad City Manager ATTACHMENTS: 1. Map of Agency-owned parcels 2. Professional Services Agreement between the Agency and Ace Weed Abatement Services, Inc. .014 N1371 AGH30A ASO ATTACHMENT NO. 1 Map.of Agency Parcels 3 . �sS:t3�:ia�I .;,,•;.i��rrt +ct;• � .. ', '"=,r"..x.'.:.'�C,:?S€:>}" `'_,rr.J9r. 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', ,-f '+ Jl t'a ',s . i i IS 1 '/' •'ii'i i 11 'C r v c�'�,'�' itlit�.7l�F9:'S�w'�,.�,fy� '�.'� i a� � � +rii �.i � .t z :a �lYi. * :i �i•i r, r t- f 1 i•" .r•r �y,, r.�x,aF. f� T�'�F-�.•9 �r�r C •� r �. ry , /. t ?J) •l e,° i f.1 r G... � -= C +1t„r a• ;r c�, r V"' -s _ Y„ ^..a � •...._ .. ::.aexa_ !:-,t,':.-t •n J e Ty-a a t�„. ,a ,r �•. �", •� t '.r'.�C"r''�ir{`��.rfco..>,r?.y i4(i•,J s r' +`�;J', '"'/�^4r t.f•..J`a�f•.`v iP,arf's. 7�.�}-"•�••"'.�-t jt'�•".Pr<:r � `-�u'� ,h;,�sr. �-:G.. ,d.t}*rt"4,�§b�A'rtx�".,.=x. i �V �.1 j '�.3i�" a S li. :ter ,i- �'" i7•� .r. a,• •••,-'s'fr +�t� .9>'�tu.y � :i>i�'+'ii'9�": •'�`x�s�: i, ����r�l�"►,_ztra�aorei;tz�GSt•�.1� 4.�.a�� �iri-,r.�'T����� .• "'»��>.', y, "x-;' ` ,, PROFESSIONAL CONSULTANT SERVICES AGREEMENT Ace Weed Abatement, Inc. Weed Abatement Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 12th day of April, 2011, ("Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY ,OF GRAND TERRACE ("Agency"), a public entity, and Ace Weed Abatement, Inc. ("Consultant"). 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services and Fees", attached hereto and incorporated herein by reference, in conjunction with weed abatement services for all,parcels,owned by Agency. ("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit"A" and the Agreement shall remain in effect until June 30, 2014, unless otherwise terminated pursuant to the provisions herein. 3. ; Compensation/Payment. Consultant shall perform the Services under this Agreement for.the total sum not to exceed $12,000.00 (Twelve Thousand Dollars), per fiscal year payable in accordance with the terms set forth in Exhibit"A". 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agency To Consultant: Grand Terrace Redevelopment Agency Charles Maciel,President Attn:Joyce Powers Ace Weed Abatement, Inc. 22795 Barton Road PO Box 9920, Moreno Valley, CA 92552- Grand Terrace, California 92313 1920 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the Agency Council of the Agency of Grand Terrace. The Director's determination is on file and open to inspection in the office of the Agency Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. Page 1 of 10 J 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The ,key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to Agency approval. 9. , Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event,no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties: Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain a'provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section.12.. Consultant acknowledges that any transfer of rights may require Agency Manager and/or Agency Council approval. 10. Independent Contractor. In the performance, of this Agreement, Consultant,-and Consultant's employees, subcontractors and agents, shall ,act in an independent capacity as independent contractors, and not as, officers or employees of the Agency of Grand Terrace. Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents:Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for Page 2 of 10 7 compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the Agency and/or Agency may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. Except as to the sole negligence or willful misconduct of the Consultant, Agency shall defend, indemnify and hold the Consultant, and its officers, employees.and agents; harmless from,any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Agency. This indemnification provision shall apply to any acts or omissions, ' willful misconduct or negligent conduct, whether active or passive, on the part of Agency of its employees, subcontractors or agents. 12.. Insurance. 12.1.General Provisions. Prior to the Agency's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this . Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. _ 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail,postage prepaid. 12.1.4 Adequacy. The Agency, its officers, employees and agents make no representation that the types,or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate,at Consultant's sole expense. Page 3 of 10 s 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any.of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with Agency. 'Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 - Automobile Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability' insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee.vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.2. Prior to Agency's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the Community.Redevelopment Agency of the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the Community Redevelopment Agency of the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors Page 4 of 10 9 and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the Agency from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the-subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation (except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon Agency's request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant' understands that the Services performed under this Agreement constitutes doing business in the Agency of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. IT Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production,website,or other similar medium without the prior written consent of the Agency. 18. Ownership off Documents. All contracts and invoices prepared under this Agreement by Consultant shall be and remain the property of Agency upon Agency's compensation to Consultant for its services as herein provided. Consultant shall not release to others information furnished by Agency without prior express written approval of Agency. 5 ,n 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant,nor the individuals listed in Exhibit"B"have any real property, business interests or income interests that will be affected by this project or, alternatively,that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the,ratio that the work completed bears to the total work required to make the report complete, subject to the Agency's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 Agency may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or Page 6 of 10. 11 23.2.2 Agency decides to abandon or postpone the Project. 24. Successors.and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 25. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law.providing for a change of venue in such proceedings to any other county. In the event either party hereto shall'bring suit to enforce any term of this Agreement onto recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 26. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 27. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement,and the remainder of the Agreement shall continue in full force and effect. 28. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 29. Entire Agreement: This Agreement constitutes the final, complete, and exclusive. statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on,any representation or warranty outside those expressly set forth in this Agreement. Page 7 of 10 30. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 30.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 30.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto,the terms contained in Exhibit"A" shall be controlling. 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A"—Scope of Services and fees Exhibit"B"-Personnel IN WITNESS WHEREOF Agency and Consultant have caused this Agreement to be duly executed the day and year first above written. REDEVELOPl1ENT AGENCY OF Consultant GRAND TERRACE, A Public Entity / By: By. Executive Director APPROVED AS TO FORM: �'hGtr/es /7'1Gcie1 [Printed Name] ?"-es%dea4- Agency Counsel [Title] Ace Weed Abatement, Inc. Page 8 of 10 1� EXHIBIT "A" SCOPE OF SERVICES,-PROJECT SCHEDULE, AND FEES Ace Weed Abatement, Inc.. P.O. Box 9920, Moreno Valley, CA 92552-1920 Phone(951)243-9809 Fax(951)242-9649 E-Mail: gotweedscaCcDaol.com Schedule of Fees & Reimbursable Expenses A) Weed Abatement • Minimum Charge $105.00 • Discing/Mowing $105.00 Up to 1 Acre • Each Additional Acre $105.00 Per Acre • Handwork—weed eating $45.00 Per Man Hour (work that cannot be performed with tractor) • Special Equipment $125.00 Per Hour (Bobcat) • Dozer Work $600 Per Hour 4 Hour Minimum 13) Clean up &Trash Removal Trash Removal $65.00 Per Cubic Yard • Asphalt/Concrete Removal $125.00 Per Cubic Yard Dump Fees Actual Receipt(Copy). C) Tree Trimming • Trimming of Tree 8' up from Ground $40 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost) • Trimming of Tree above 8' from Ground $40 Per Hour Plus $40.00 Per Cubic Yard (plus actual dump cost, plus Boom Lift rental.cost) D) Administrative Overhead costs related to this contract • Case File Per Parcel $9 Per File/Parcel Building case file, includes but not limited to: two invoices, photos for each parcel (before and after), contractors worksheet& receipts if applicable all combined in one folder with the property address or APN#clearly marked on folder tab. E) Emergency/Immediate Response Abatement $45 Additional Per Man Hour (plus service provided fees) Charles Mac' I d Abatement, Inc. Page 9 of 10 EXHIBIT "B" PERSONNEL Primary Staff List & Contact Information Chuck Maciel, President Serena Maciel, CFO Barbara Hurley, Office Manager Juan Ramirez, Crew Leader Michael "Jerry" Knapp,,Crew Leader Mailing Address: Ace Weed Abatement, Inc. Charles Maciel, President PO BOX 9920 Moreno Valley, CA 9255.2 Phone: (951) 243-9809 Fax: (951) 242-9649 Cell:_ (909) 376-9544—Charles Maciel E-Mail: gotweedsca(D_aol.com Web: www.gotweedsinc.com Page 10 of 10 15 CALIFORNIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item(X ) CRA Item (X ) TITLE: Loan Agreement between the City and Agency for$3,388,091.00 PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Staff recommends that the Council and Agency approve the attached Loan Agreement. BACKGROUND: Over the past several months staff has reviewed City and Agency records to address a $4.6 million loan made by the Agency to the City. Three actions have been taken that have reduced the actual loan amount to $3,388,091.00, which are described below. 1. Identification of a redevelopment-eligible public infrastructure project to reconstruct Mt. Vernon Avenue in Fiscal Year 2006-07 using $819,235.00 from the General Fund. On February 8, 2011, the Council and Agency approved the use of Agency funds and an adjustment to the loan amount. 2. Identification of a City loan to the Agency for a 2003 property acquisition, in the amount of $267,622.00. An adjustment to the Agency's loan to the City was approved on February 22, 2011. 3. Transfer of a City-owned parcel to the Agency's Low- to Moderate-Income Housing Fund for affordable housing purposes, which had been purchased by the City for $132,000. This action, approved March 8, 2011, reduced the portion of the total loan amount which is owed to the Housing Fund from$300,205.00 to$168,205.00. In each of the three actions, all appropriate documentation, including adoption of resolutions and Grant Deed recordation, has been completed. No other use of General Funds for programs or projects has been identified as Agency-eligible at this time. DISCUSSION: Staff and the City Attorney have prepared the attached Loan Agreement to document the loan amount of $3,388,091.00 and the repayment terms. The loan would be payable over 23 years, beginning on July 1, 2012, through July 1, 2034. Under the current Redevelopment Plan approved in 2010, the Agency's time limit to collect revenue is July 15, 2034. The Loan CRA AGENDA ITEM NO.5 '1 Agreement establishes an annual payment of $147,308.30, which would be subordinate to any other General Fund debt and the obligation to provide mandated City services. The payment would also be contingent upon an annual budget determination by the City Council that sufficient funds are available. The funds paid to the Agency would be used for Agency-eligible costs, such as capital projects and housing programs. FISCAL IMPACT: After approved reductions in the overall City loan amount by $819,235.00, $267,622.00, and $132,000.00, the amount owed to the Agency is $3,388,091.00, of which$168,205.00 is owed to the Agency's Housing Fund. The annual payments of $147,308.30 would be considered along _ with each Fiscal.Year's budget, beginning with FY 2012-13. The actions previously taken, described above, are considered payments for FY 2010-11 and 2011-12. Respectfully submitted, �;w� E- yce 16owers Community,and Economic Development Director Reviewed by, Bernie Simon Finance Director Manager Approval: Betsy M. Addm City Manager ATTACHMENT: Loan Agreement LOAN AGREEMENT (CITY/CRA) This Loan Agreement is hereby entered into by and between the City of Grand Terrace,a municipal corporation, duly organized and existing under the laws of the State of California (the "City") and the Community Redevelopment Agency of the City of Grand Terrace, a California Redevelopment Agency(the"Agency"), as follows: RECITALS WHEREAS, the boundaries of the City and Agency are coterminous with the consequence that the projects and expenditures of each entity respectively have a positive impact on the other entity; and WHEREAS, in furtherance of the mutual goals and objectives of the City and Agency, the Agency has heretofore loaned to the City certain sums of money, which funds have been or will be spent in funding operations,programs and projects of mutual benefit; and WHEREAS; said loans, while a matter of public record through the budgeting process, have heretofore not been memorialized in a formal loan agreement; and WHEREAS, the Parties now desire to enter into a formal loan agreement setting forth the Parties respective rights, duties and obligations. NOW,THEREFORE,THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. The foregoing recitals are true and correct and incorporated herein as if set forth in full. ' 2. The Parties acknowledge that the Agency has loaned to the City $3,388,091.00 (the"Loan"). 3. Subject to the restrictions contained in paragraph 2 above, the City hereby agrees to repay the Agency the amount of the Loan by making annual installment payments of $147,308.30, beginning on July 1, 2012. The payment of said amount is contingent upon a determination by the City Council that it has sufficient.funds therefore, on an annual basis: The Parties acknowledge that should such funds not be available in any fiscal year, the City shall make a payment in the amount the City is able to pay as determined by the City Council. The Loan shall be repaid in full on or before July 1, 2034. The Parties further agree that it is to the Parties' mutual benefit that interest shall not accrue on any remaining Loan balance. 4. This Loan shall be subordinate to any and all obligations established under any trust agreement, indenture of trust, bonds, loans or other indebtedness of the City incurred prior or subsequent to the date of this Loan Agreement. This Loan Agreement shall also be subordinate to any obligation to provide mandated City services as determined by the City, Council. 1 3 IN WITNESS WHEREOF, the City and Agency have executed this Loan Agreement as set forth below. Dated: "CITY" CITY OF GRAND TERRACE By: Walt Stanckiewitz, Mayor Dated: "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Walt Stanckiewitz, Chairman Approved as to Form: By: John R. Harper, City Attorney and Agency Counsel 2 CALI,FORNIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item (X) CRA Item(X) TITLE: Award of Bid GTB 11-01 to the Second Lowest Bidder for the Michigan Street, Barton Road and La Paix Street Public _ Improvements PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATIONS: City Council: 1) Rescind Award GTB 11-01 made to KAD Paving, Inc. and Award GTB 11-01 to the second.lowest bidder, STI, Inc., in the amount of $399,816.52, to construct public improvements to the Michigan Street, Barton Road and La Paix Street Rights- of-Way. 2) Authorize the award of GTB 11-01 to the third lowest bidder, Lee & Stires, Inc. in the amount of$400,431.41 if STI, Inc. is unable to provide the required insurance and bonding. Agency: 1) Appropriate an additional $26,822.43 for project costs, and construction contingency of 10%. BACKGROUND: On February 22, 2011, the Council awarded GTB No. 11-01 to KAD Paving, Inc., the low bidder to construct the public improvements on Michigan Street, Barton Road, and La Paix Street. Staff recommended KAD Paving based on results of public bidding, for which seven bids were received. The responses were as follows: 1. KAD Paving Company $375,432.50 2. STI, Inc. $399,816.52 3. Lee & Stires, Inc. $400,431.41 4. International Paving Services, Inc. $515,570.00 5. Larry Jacinto Construction, Inc. $559,609.50 6. Silvia Construction, Inc. $438,094.00 7. All American Asphalt $430,000.00 CRA AGENDA ITEM NO. 1 The Council and Agency also approved a contract for project management, approved Resolutions for the use of Agency funds for the project, and an Agency budget appropriation of $508,848.45. DISCUSSION: Based on the award, the contractor is required to enter .into a Contract within 15 days after receipt of the Contract from, the City (mailed February 24, 2011) and furnish the required insurance certificates, faithful performance bond, and labor and materials bond. If not, the bid bond as the proposal guarantee shall be forfeited. KAD has provided a copy of the proof of insurance only. The bid bond provided by KAD paving is in the amount of $44,000, and the issuing company, American Surety, has been notified of KAD's lack of compliance with the bid specification requirements. Staff has made several calls to KAD and has received verbal assurances only. Staff is now recommending that the City Council rescind the bid award to KAD Paving, Inc. and award GTB 11-01 to the second lowest bidder, STI, Inc., as provided in the bid specifications. Additional funds of$26,822.43 are requested for the increase in cost that would be incurred. The project manager has inquired with other cities contracting with STI for similar work and all were satisfied with their completion of work. The project manager has also discussed performance bonding with STI, and the company representative is inquiring about increasing their bonding capacity. Staff is requesting that the Council authorize the award to the third lowest bidder, Lee and Stires, Inc., which is only $615.21 higher, if STI is not able to provide proof of insurance and bonding within 15 days. Staff. will provide the Council with any new information on April 12`h that was not available when this agenda report was completed. FISCAL IMPACT: The total project budget would be increased to $535,670.88. The Agency's 80% non-housing fund was previously approved as the funding source for the project. Sufficient funds are available to fund the increase. Respectfully submitted, J&Ae� ir oyce Powers Community and Economic Development Director Manager Approval: Bets M. Adams City Manager ATTACHMENTS: None LA CALIFORNIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item(X) CRA Item() TITLE: Check Register No.04-12-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for April 12, 2011 is presented in accordance with Government Code §37202. The attached index to the warrant register is a guideline account list only and is not intended to replace the voluminous list of accounts used by the City and CRA. Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account]. Expenditures may be made from - trust/agency accounts (fund -23-xxx-) or temporary clearing accounts which do not have budgetary considerations. DISCUSSION: A total of $314,694.63 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register. Payroll costs for the period amounted to$74,193.72 and are summarized below. Some of the non-routine items include: 66582 Burrtec Waste Tax Roll Delinquent Trash Fees $266.95 Industries Inc. Var Various December Winter Storm Damage $11,130.00 Account 10-190-702-001-000 COUNCIL AGENDA ITEM NO.:R Some the larger items include: 66612 Rock Bottom Inc. Baseball Field Construction Payment# 3 $33,947.38 66614 S.B. Co. Sheriff April Law Enforcement Services $166,993.00 Payroll costs processed for period ending Month 18, 2011: Date Period Payroll and payroll costs - 03/18/11 Biweekly $74,193.72 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2010-11, Respectfully submitted, Bernie Simon Finance Director Oe Manager Approval: Betsy M. Adams City Manager ATTACHMENTS: Check Register—April 12, 2011 I � I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director vchlist Voucher List Page: 1 04/05/2011 3:48:41PM CITY OF GRAND TERRACE Bank code: ofa Voucher Date Vendor Invoice Description/Account Amount 66564 3/21/2011 010164 GREAT-WEST PR End 3/4/2011 Contributions for PR End.3/4/11 10-022-63-00 4,750.16 Total: 4,750.16 66565 3/21/2011 011092 METLIFE SBC 03212011 Binder PPO/DHMO BINDER 10-022-61-00 2,232.54 Total: 2,232.54 66566 3/22/2011 010996 CA PUB EMPLOYEES' RET. SYSTEM H2011041493000 APRIL EMPLOYEE/DEPENDENT HEALTH INS. 10-022-61-00 8,383.10 21-175-142-000-000 427.60 32-200-142-000-000 684.10 32-370-142-000-000 470.34 34-400-142-000-000 384.84 10-625-142-000-000 277.92 10-190-265-000-000 72.55 10-120-142-000-000 363.45 10-125-142-000-000 641.38 10-140-142-000-000 962.07 10-172-142-000-000 406.19 10-175-142-000-000 662.75 10-180-142-000-000 171.03 10-370-142-000-000 726.88 10-380-142-000-000 320.68 10-440-142-000-000 2,256.70 10-450-142-000-000 342.06 16-175-142-000-000 940.67 Total: 18,494.31 66567 3/22/2011 001206 ARROWHEAD CREDIT UNION Feb/Mar 2011 Feb/Mar Visa Charges 10-125-250-000-000 Notary Renewal Seminar,Membership&Supplies 305.25 10-440-220-000-000 C.Care Food&Kitchen Supplies 27.81 10-440-228-000-000 C.Care Infant Room Changing Table Pads 53.15 32-200-230-000-000 Annual CRA Membership 2,065.00 23-200-14-00 C.Care DVD Set&Walk-a-thon Medals 183.40 Page: 1 f vchlist Voucher List Page: 2 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66567 3/22/2011 001206 ARROWHEAD CREDIT UNION (Continued) Total : 2,634.61 66568 3/22/2011 001907 COSTCO#478 0478 07 0072 1 f C. CARE SUPPLIES 10-440-220-000-000 168.05 0478 07 0073 1E C. CARE SUPPLIES 10-440-220-000-000 14.37 Total : - 182.42 66569 3/23/2011 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 3-4-11 CONTRIBUTIONS FOR PR END 3-4-11 10-022-62-00 16,951.79 Total : 16,951.79 66570 3/28/2011 001213 AT&T March 2011 Mar/Apr Phones & Internet Service 10-190-235-000-000 501.40 10-440-235-000-000 173.51 10-450-235-000-000 46.35 10-805-235-000-000 164.78 10-808-235-000-000 79.80 Total : 965.84 66571 3/29/2011 011110 TIME WARNER CABLE Mar 844840...38 MAR/APR CABLE & INTERNET SERVICE-SR CNTF 10-805-238-000-000 58.91 Total : 58.91 66572 3/29/2011 011110 TIME WARNER CABLE Mar 844840...38 MAR/APR CABLE& INTERNET SERVICE-SR CNTF 10-805-238-000-000 58.91 Total : 68.91 66573 3/30/2011' 005535 PARKVIEW NURSERY 29750 Planter Project Plants 32-600-305-000-000 1,241.72 Total : 1,241.72 66574 4/4/2011 001213 AT&T Mar 909 254-01. Mar/Apr Phones& Internet Service 10-190-235-000-000 122.87 Total : 122.87 66575 4/5/2011 001907 COSTCO#478 0478 09 0242 & C. CARE SUPPLIES 10-440-220-000-000 125.03 Page: 2 vchlist Voucher List Page: 3 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66575 4/5/2011 001907 COSTCO#478 (Continued) Total : 125.03 66576 4/5/2011 001038 VERIZON WIRELESS-LA 0962108406 Mar/Apr Wirless Service-Public Works 10-175-240-000-000 101.17 Total : 101.17 66577 4/12/2011 011184 ALBERT GROVER &ASSOCIATES 01173-IN Signal Light Timing for 5 Intersections 16-510-255-000-000 875.00 Total : 875.00 66578 4/12/2011 010444 AN-WIL BAG COMPANY 31489 Cold Patch Asphalt 16-900-257-000-000 452.94 . Total : 452.94 66579 4/12/2011 010972 ARC 5955869 Copies of Plans& Specs 32-600-323-004-000 354.30 Total : 354.30 66580 4/12/2011 010293 AVAYA, INC. 2730883662 MAR/APR PHONENOICE MAIL MAINT 10-190-246-000-000 183.46 Total : 183.46 66581 4/12/2011 010266 A-Z BUS SALES BW69881 Child Car Bus Seat Belt Replacement 10-440-272-000-000 193.32 Total : 193.32 66582 4/12/2011 011170 BURRTEC WASTE INDUSTRIES, INC. 02102011 1/26/11 Tax Roll Delinq. Trash Fees 23-302-90-00 208.72 02102011 A 1/26/11 Tax Roll Delinq. Trash Fees 10-200-01 -31.31 02102011 B 1/26/11 Tax Roll Delinq. Trash Fees 10-200-09 -7.31 02102011 C 1/26/11 Tax Roll Delinq. Trash Fees 10-200-14 -0.32 02102011 D 1/26/11 Tax Roll Delinq. Trash Fees 10-200-02 -0.96 Page: 3 i' f vchlist Voucher List Page: 4 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account. Amount 66582 4/12/2011 011170 BURRTEC WASTE INDUSTRIES, INC. (Continued) 03222011 3/16/11 Tax Roll Delinq. Trash Fees 10-200-01 -18.53 10-200-09 -4.32 10-200-02 -1.92 10-200-14 -0.64 23-302-90-00 123.54 - Total : 266.95 66583 4/12/2011 011170 BURRTEC WASTE INDUSTRIES, INC. 51-GO 402827 Tumbleweed & Road Debris Container 10-195-245-000-000 323.07 Total : 323.07 66584 4/12/2011 001689 CA REDEVELOPMENT ASSOCIATION 5052 Legal Defense Fund Assessment 32-200-255-000-000 400.00 Total : 400.00 66585 4/12/2011 001740 CDW GOVERNMENT INC WKB4201 USB CABLE 10-380-701-000-000 2.72 WMX0619 PINNACLE STUDIO MOVIEBOX 10-380-701-000-000 108.75 Total : 111.47 66586 4/12/2011 010403 CITY OF REDLANDS AR131341 February CNG Fuel 34-800-272-000-000 90.78 10-175-272-000-000 59.56 Total : 150.34 66587 4/12/2011 010866 CIVIC PLUS 88148 APRIL WEBSITE MAINT FEE 10-125-250-000-000 652.25 Total : 652.25 66588 4/12/2011 001867 COMMERCIAL LANDSCAPE SUPPLY 171603 LANDSCAPE SUPPLIES 10-450-245-000-000 472.80 Total : 472.80 66589 4/12/2011 001930 DAILY JOURNAL CORPORATION B2054487 MARCH INVITING BIDS NOTICE 10-125-230-000-000 303.60 Page: 4 vchlist Voucher List Page: 5 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66589 4/12/2011 001930 DAILY JOURNAL CORPORATION (Continued) Total : 303.60 66590 4/12/2011 010711 DANKA FINANCIAL SERVICES 74369733 APRIL E-STUDIO 350 TOSHIBA COPIER 10-172-246-000-000 79.78 10-175-246-000-000 79.79 Total : 159.57 66591 4/12/2011 001950 DATA QUICK B1-1904716 February Subscription Services 10-370-250-000-000 43.50 10-380-250-000-000 43.50 34-800-220-000-000 43.50 Total : 130.50 66592 4/12/2011 001942 DATA TICKET INC. 35324 Feb. Parking Cite Processing Services 10-140-255-000-000 100.00 Total : 100.00 66593 4/12/2011 011185 DAVIS, LETICIA 03292011 Park Reservation Partial Refund 10-450-01 40.00 Total : 40.00 66594 4/12/2011 002082 DISCOUNT SCHOOL SUPPLY 10000267063 Return Item - Inv# D1359381-0002 10-440-228-000-000 -47.83 D13593810002 TINY TOT/PRESCHOOL SUPPLIES 10-440-221-000-000 375.53 10-440-228-000-000 47.83 Total : 375.53 66595 4/12/2011 011183 DISCOUNT TIRE/AMERICA'S TIRE 2021447 New Tires for F-150 10-175-272-000-000 802.63 2021448 New Tires for F-150 10-175-272-000-000 717.38 Total : 1,520.01 66596 4/12/2011 011106 FRACO ENTERPRISES INC 500.03 MARCH CONSTR'N MGT& INSPECTION SRVS 32-600-312-003-000 5,453.00 Total : 5,453.00 } Page: 5 vchlist Voucher List Page: 6 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66597 4/12/2011 011111 FRIENDS OF BLUE MOUNTAIN 03292011 REIMBURSE HIKE EVENT INSURANCE 23-200-12-00 103.25 Total : 103.25 66598 4/12/2011 002740 FRUIT GROWERS SUPPLY 90737213 MAINT SUPPLIES - 10-450-245-000-000 1,216.38 Total : 1,216.38 66599 4/12/2011 002795 GARCIA, LEE ANN April 2011 April Health Insurance Reimbursement 10-110-142-000-000 427.58 Total : 427.58 66600 4/12/2011 010164 GREAT-WEST PR End 3/18/11 CONTRIBUTIONS/LOANS FOR PR END 3/18/11 10-022-63-00 4,769.11 10-022-64-00 1,890.03 Total : 6,659.14 66601 4/12/2011 002727 J.R. FREEMAN COMPANY 458499-1 Chamber Name Plate-Comm. Konqtanq 10-370-210-000-000 14.08 459457-0 Toner Cartridge 10-120-210-000-000 146.76 Total : 160.84 66602 4/12/2011 004632 MET LIFE 895065375 M1 Life Insurance Benefit- H. Grant 10-110-142-000-000 701.98 Total : 701.98 66603 4/12/2011 010097 NEXTE_L COMMUNICATIONS 410575025-103 Feb/Mar Wireless Servic_ e-Maint/C.Care 10-440-235-000-000 49.10 10-175-240-000-000 240.24 Total : 289.34 66604 4/12/2011 005400 OFFICE DEPOT 555824692001 Copy Paper 10-190-212-000-000 215.26 556112447001 Kitchen Supplies 10-190-220-000-000 42.70 557626845001 Office Supplies 10-140-210-000-000 24.97 Page: 6 vchlist Voucher List Page: 7 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66604 4/12/2011 005400 OFFICE DEPOT (Continued) Total : 282.93 66605 4/12/2011 005400 OFFICE DEPOT 554101787001 Office Supplies 10-175-210-000-000 108.12 10-172-210-000-000 36.04 Total : 144.16 66606 4/12/2011 005586 PETTY CASH 04042011 Replenish C.Care Petty Cash 10-440-220-000-000 15.33 10-440-221-000-000 19.50 10-440-223-000-000 55.90 10440-228-000-000 60.35 Total : 151.08 66607 4/12/2011 610657 PROGRESSIVE SOLUTIONS 36231 RIBBONS FOR RECEIPT PRINTER 10-140-210-000-000 30.34 Total : 30.34 66608 4/12/2011 005688 PROTECTION ONE 2588440 4TH QTR ALARM MONITORING-CITY HALL 10-195-247-000-000 94.35 3020955 4TH QTR ALARM MONITORING-BLDG &SAFETY 10-172-246-000-000 44.76 10-175-246-000-000 44.76 10-195-247-000-000 16.51 31891344 4TH QTR ALARM MONITORING-MAINTENANCE 10-195-247-000-000 127.34 Total : 327.72 66609 4/12/2011 010099 QUIEL BROS. SIGNS 60776 Repair Sign Board-Canal & Mt Vernon 10-370-230-000-000 575.58 Total : 575.58 66610 4/12/2011 010171 REPUBLIC ITS R1-106368 FEBRUARY ROUTINE SIGNAL MAINTENANCE 16-510-255-000-000 451.68 Total : 451.68 66611 4/12/2011 006310 ROADRUNNER SELF STORAGE INC. 12620 APRIL STORAGE RENTAL 10-140-241-000-000 119.00 Page: 7 vchlist Voucher List Page: 8 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66611 4/12/2011 006310 ROADRUNNER SELF STORAGE INC. (Continued) Total : 119.00 66612 4/12/2011 011172 ROCK BOTTOM, INC. PW-06-10-3 MARCH BASEBALL FIELD PER GTB 10-06 32-600-312-000-000 33,947.38 Total : 33,947.38 66613 4/12/2011 006510 S.B._COUNTY INFORMATION 11144 February Pager Access 10-175-240-000-000 9.00 Total : 9.00 66614 4/12/2011 006531 S.B. COUNTY SHERIFF 10739 APRIL LAW ENFORCEMENT SERVICES 10-410-256-000-000 154,136.00 14-411-256-000-000 8,333.00 10-410-255-000-000 4,524.00 ... Total : 166,993.00 66615 4/12/2011 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT411CC 4TH QTR HAZ WASTE SERVICES 10-187-258-000-000 3,963.75 Total_: 3,963.75 66616 4/12/2011 006435 SAN BERNARDINO, CITY OF 5375 MARCH ANIMAL CONTROL/HOUSING SRVS 10-187-256-000-000 8,682.00 Total : 8,682.00 66617 4/12/2011 011176 SANDOVAL, BERNARDO 03232011 Taxi Reim bu rsement-Sacto League Conf 10-110-270-000-000 13.00 Total : 13.00 66618 4/12/2011 006681 SMART& FINAL 03/22 Ref#1359 C. CARE FOOD & KITCHEN SUPPLIES 10-440-223-000-000 76.58 Total : 76.58 66619 4/12/2011 011071 STANCKIEWITZ, W. April 2011 April Health Insurance Reimbursement 10-110-142-000-000 415.00 Total : 415.00 66620 4/12/2011 010136 SWRCB FEES WD-0052774 FY 10-11 Sewer Permit Fee 21-572-255-000-000 1,226.00 Page: 8 vchlist Voucher List Page: 9 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66620 4/12/2011 010136 SWRCB FEES (Continued) Total : 1,226.00 66621 4/12/2011 006898 SYSCO FOOD SERVICES OF L.A. 1031604893 C. CARE FOOD &SUPPLIES 10-440-220-000-000 657.46 1032305383 C. CARE FOOD &SUPPLIES 10-440-220-000-000 468.20 103301121 2 C. CARE FOOD & SUPPLIES 10-440-220-000-000 701.73 Total : 1,827.39 66622 4/12/2011 007102 T.Y.LIN INTERNATIONAL 1102302 OCT-JAN ENG SRVS-BARTON RD. BRIDGE 47-400-250-001-000 3,572.14 1103209 FEB ENG SRVS-BARTON RD. BRIDGE 47-400-250-001-000 1,878.76 Total : 5,450.90 66623 4/12/2011 010693 UNITED WAY PR End 3/4& 3/ PR End 3/4 & 3/18 Donations 10-022-65-00 129.00 Total : 129.00 66624 4/12/2011 007880 WEST GROUP 822476302 Feb/Mar CA Code Updates 10-125-250-000-000 483.94 Total : 483.94 66625 4/12/2011 007854 WESTERN EXTERMINATORS CO 546765 FEBRUARY PEST CONTROL SERVICES 10-195-245-000-000 125.00 10-805-245-000-000 33.0.0 Total : 158.00 66626 4/12/2011 007920 WILLDAN 002-11047 A FEBRUARY PLAN CHECK SERVICES 10-172-250-000-000 495.00 002-11047 B FEBRUARY INSPECTION SERVICES - 10-172-250-000-000 1,445.00 002-11048 FEB. PUBLIC WKS OBSERVATION-STATER BRO: 10-172-250-000-000 3,870.00 002-11049 FEBRUARY ENGINEERING SERVICES 10-175-255-000-000 1,270.00 Page: 9 i ( I vchlist Voucher List Page: 10 04/05/2011 3:49:09PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66626 4/12/2011 007920 WILLDAN (Continued) 002-11050 Grand Terrace Rd-Winter Storm Damage 10-190-702-001-000 9,000.00 002-11051 Barton Rd-Winter Storm Damage 10-190-702-001-000 . 2,.130.00 Total : 18,210.00 66627 4/12/2011 007987 XEROX CORPORATION 054191113 MARCH XEROX WORKCENTRE 5755 10-190-700-000-000. 308.10 10-190-212-000-000 252.02 054295449 MARCH LEASE XEROX CC265H. 10-190-700-000-000 294.34 10-190-212-000-000 102.13 10-190-212-000-000 73.71 Total : 1,030.30 64 Vouchers for bank code:' bofa -Bank total : 314,694.63 64 Vouchers in this report Total vouchers : 314,694.63 Page: 10 City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES 11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 STORM DRAIN FUND 125" CITY CLERK 140 RETIREMENT 13 PARK FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 , TRAFFIC SAFETY FUND/TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS 22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 238-239 UTILITIES 26 LSCPG/LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS&LEASES 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES 47 BARTON RD.BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE&SURETY BONDS 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS&DUES .34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING 802 CRIME PREVENTION UNIT 270 TRAVEUCONFERENCES/MTGS 804 HISTORICAL&CULTURAL COMM. 272 FUEL&VEHICLE MAINTENANCE 805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT 807 PARKS&REC COMMITTEE 33-300 DEBT SERVICE 808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING -MARCH 22,2011 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center,22795 Barton Road, Grand Terrace, California, on March 22,2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director John Harper, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: Richard Shields, Building& Safety Director - The City Council meeting was opened with Invocation.by Mayor Pro Tern Lee Ann Garcia,followed by the Pledge of Allegiance led by Councilman Bernardo Sandoval. ITEMS TO DELETE -None SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month Sally McGuire,President Grand Terrace_Area Chamber of Commerce, announced that . Accent Print and Design is the business of the Month for March, 2011. She reminded that they will be holding a seminar in the community room regarding the visibility of your business. On March 30`h they will be hosting a skate night at Fiesta Village Family Fun Park. B. Proclamation- Child Abuse Prevention Month-April 2011 Councilmember McNaboe, read a Proclamation proclaiming the month of April 2011 as Child Abuse Prevention Month in the City of Grand Terrace and encourage citizens to participate in the events and join in the efforts to end child abuse. Sue Taylor,thanked the Mayor and the Council for the proclamation and for supporting their COUNCIL AGENDA ITEM NO.,3C, ' J Council Minutes 03/22/2011 Page 2 efforts. CONSENT CALENDAR CC-2011-24 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0,to approve the following Consent Calendar Items: 3A. Approve Check Register No. 03-22-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of Minutes of 03/08/2011 3D. Extension of Library Lease - San Bernardino County 3E. Resignation of Emergency Operations Committee Member- Debra Hurst 3F. Resignation of Crime Prevention Committee Member-Debra Hurst 3G. Historical and Cultural Activities Committee Minutes of February 7, 2011 PUBLIC COMMENT Bobbie Forbes, 11850 Burns Avenue, reported that she has a new neighbor at 21972 Vivienda Avenue. They would like the Council to know that there is something going on at the property that is not ok. Janese Makshanoff,21816 Vivienda,reported that the new property owners that Ms.Forbes mentioned stopped her and introduced himself. He indicated that he was going to be taking down all of the trees along the fence line and that he would be building a wall of tires. She questioned if the property had closed escrow and he confirmed that he had. He has proceeded to tear down all of the out buildings except for the barn. They have been motor grading it. She told them that there was a drain for Riverside Highland Water that was close to the surface. They dug into it today and took out a big chunck. From what she understands there has been no permits pulled and they are pushing forward. She questioned if they are allowed to open their business will there be any legal ramifications for the City as far as Manhole Builders goes. Manhole Builders lost that property and a lot of money because they couldn't open their business there. Community and Economic Development Director Joyce Powers, stated that the property owner has been in to see the Planning Staff a couple of times. It is a tire related business. Staff has been very clear with them about the requirements and that staff is not likely to support it and they would need support from the neighborhood to get it approved at the Planning Commission level. At this point in time they have not submitted an application for the new use. It is her understanding that what they have been doing on their property has been of land clearing nature and not grading. She is well aware of the concerns. of the neighborhood. Council Minutes 03/22/2011 Page 3 Jeffrey McConnell,Walnut Avenue,stated that they went through.a 6 month battle because of a company wanting to build a giant concrete manhole enclosures on top of grade level. It was a huge waste of time and money for everyone involved. The roads in that area are in terrible shape and are in dire need of extreme repair and they are not in any shape to have large trucks driving on them. Community and Economic Development Director Powers, also indicated that there is no access to the property so it can't be developed. The easement is residential and is in a flood plane. They are watching the site closely. COUNCIL REPORTS Councilmember Gene Hays,had a conversation with Terry McGuire at Stater Bros.and they discussed establishing a business development committee that would go out and attract businesses to Grand Terrace. In light of the fact that Grand Terrace has all these wonderful projects going on with Stater Bros and the new high school,they thought that the timing was great to establish a committee that would go out and begin to attract businesses to the City. They discussed the fact that in recent months we have seen tremendous talent stand up before the Council for positions but were not able to get on a committee or board at that time. They think that this is an opportunity to reach out to businesses as well as get some residents with talent involved. He proposed that the Council look at what it would take to establish a small committee of business minded residents that would go out on behalf of the City and attract business. He was at a dance competition on Saturday in Escondido and the 5 and 6 year olds from Dance Dimensions won first place in their category and the dance school as a whole won first place in the entire competition. Councilmember Darcy McNaboe, reported that she had the opportunity to visit Highgrove and attend the grand opening of their library. It was a really great project that came about due to redevelopment dollars. It is a great example of the kinds of things that are done in a small community that adds to the charm and adds the educational benefits that are needed in that area. It has a nice reading room for the children and some high tech equipment and plenty of community rooms. They had a nice turn-out. She referred to a report that she saw in the Sun about the crime being down in the Sheriff s jurisdiction. Most notably,it says that in 2010 crime in Grand Terrace had gone down by 7%. She gave kuddos to our police enforcement. Councilmember Bernardo Sandoval, reported that he attended the Little League Opening Ceremonies and appreciates all of the work that was done by staff to make it happen. He thanked Roger, a Colton Joint Unified School District Board Member for coming to the Meeting. He feels that they are doing a great job with some difficult situations and circumstances. Their efforts are appreciated. He stated that his prayers and thoughts are with the people of Japan. Council Minutes 03/22/2011 Page 4 Mayor Pro Tem Lee Ann Garcia, reminded everyone that the Lion's Club will be holding their 26`h Annual Charity Golf Tournament on Friday, June 3, 2011. Anyone interested in the event should contact the Lion's Club. The 27`'Annual Grand Terrace Art Show,hosted by-the Historical and Cultural Activities_Committee will be held on Sunday, May 1, 2011. She thanked the Chamber of Commerce for the outstanding luncheon they held. She appreciates how staff is reaching out to the business community to see what their needs are. Dr. Ha's property is now screened and thanked staff for.making that happen. It has been talked about to do a traffic study of some sort to limit truck traffic in Grand Terrace. Trucks damage our streets. She questioned if there are certain streets that we can eliminate truck traffic on. She thanked Debra Hurst for her dedication to the City and that there is now an opening on the Emergency Operations Committee and on the Crime Prevention Committee. Mayor Walt Stanckiewitz, echoed Councilmember McNaboe's, comments on the new Highgrove Library. It is a fantastic facility and encouraged residents to go by and take a look at it. He stated that they did use Redevelopment Monies to build it and it is a wonderful addition to the area. PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Agreements between the City and the County of San Bernardino for the Implementation of the Community Development Block Grant Program CC-2011-25 MOTION.BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER MCNABOE, CARRIED 5-0, to approve the Cooperation Agreement and the Delegate Agency Agreement between the City.of Grand Terrace and the County of San Bernardino for Fiscal Years 2012-13, 2013-14, and 2014-15. 8B. Resolution Adopting a County-wide Non-motorized Transportation Plan for the City of Grand Terrace CC-2011-26 MOTION BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to adopt a Resolution adopting the County-wide Non- Motorized Transportation Plan and approve a list of bicycle facility projects for future bicycle transportation funding. 8C. Spring 2011 Volunteer Projects An overview was given of all the Spring 2011 Volunteer Projects that are planned in the City Council Minutes 03/22/2011 Page 5 including work by the Woman's Club, and Eagle Scout and the Church of Jesus Christ of Latter Day Saints.. CLOSED SESSION A. Conference with Legal Counsel - Potential Litigation CG54956.9 (b) - One Case B. Conference with Real Property Negotiators (Government Code Section 54956.8) Pro e -APN 1167-271-11-(12569 Michigan) A eg_ncy Negotiator-Betsy M. Adams Negotiating_ Parties-Mary Rose Wallace,Habitat for Humanity,Executive Director Under Ne otig ation- Price and Terms of Payment C. City Attorney Contract GC54957 (b)1 Mayor Stanckiewitz announced that the Council meet in Closed Session to discuss Potential Litigation, Property Negotiation regarding 12569 Michigan and the City Attorney's Contract and there was no reportable action taken.. Mayor Stanckiewitz adjourned the meeting at 9:53 p.m.,until the next City Council Meeting which is scheduled to be held on Tuesday, April 12, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace Please see Item 5 Under`CRA for complete report. COUNCIL AGENDA ITEM NO.3D CALIFORNIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item (X) CRA Item ( ) TITLE: Senior Center Commercial Kitchen Remodel, Notice of Completion. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: Approve Attached Notice of Completion for the Senior Center Commercial Kitchen Project. BACKGROUND: On November 8, 2010 the City Council awarded DJD Group, Inc., the contract to remodel the Senior Center kitchen creating a commercial kitchen facility. The Senior Center kitchen remodel started in December 2010. Staff anticipated the work would be completed in March 2011. DISCUSSION: On March 31, 2011 the Senior Center kitchen remodel was completed and approved by the Fire Department, Health Department and the property owner Corporation for Better . Housing. FISCAL IMPACT: The total budget with change orders is $175,909.00 of which $105,000.00 is funded through the CDBG program and the remainder funded by the Redevelopment Agency. Supervisor Neil Derry allocated an additional $25,000.00 in CDBG funding toward the project. Respectfully submitted, Ri and Shields, Director of Building and Safety/Public Works COUNCIL AGENDA ITEM NO.:3 Manager Approval: Betsy dams City Manager ATTACHMENTS: Notice of Completion • a�uuuauac,u oa: CITY OF GRANDTERRACE WHEN RECORDED MAIL TO: CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 ATTENTION• SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after corupietion.Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City Of L4 3. The full address of the owner is 2279S Baxtm Road Mand —rr r cA r)291 a 4. The nature if the interest or estate of the owner is;In fee. of other than fee,strike'In fee'and insert,for example,'purchaser under contract of purchase,'or'lease') 5. The full names and full addresses of all persona,if any,who hold title with the undersigned as joint tenants in common arp: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on 3-28-2011 , The work done was: II19LdllatlO[I Of al kitchen at nr flg 7. The name of the contractor,if any, for such work of improvement was 13M Gip= Inc 1 (If no contractor for work of improvements as a whole,insert'none') (Date of Contract) 11. The property on which said work Of improvement was completed is in the City of Grand Terrace County of San Be=mrdtnn ,State of California,and is described as follows: in atallatitln Of Ognnerci 1 ki Terrace-Senior Canter 9. The street address of said property is 22627 Grand me Oe Road Grand ,rem to 97113 (If no strut address has been officially assigned,insert'none') Dated: Signature of owner or corporate officer of owner named in paragraph 2 of his agent VERIFICATION I,the undersigned,say:I am the Mena the declarent of the foregoing notice of completion; ('President of','Manager Of,,'Owner oP,etc. I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at _ Grand Terrace California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion am true.) 3 Please see Item 6 Under CRA for complete report. COUNCIL AGENDA ITEM NO.3i- RECEIVED COMMUNITY EMERGENCY RESPONSE TEAM MM MINUTES 9 2011 FEBRUARY 1, 2011 CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT Members Present: Mil Herman, Jim Stamm, Sandy Luckman, Peggy Witt, Linda Carter, Sue Taylor, Adele Urrea, Bernie Urrea, Joe Borrielli, Helen Ramos, Joe Ramos, Tom Roberts, Barbara Smeltzer, Jeff Allen, Vic Pfennighausen, Debra Hurst. Members Absent: Andrew, Anaya, Dragos, Barbu, Hanni Bennett, Shannon Bryant, Ingrid Clark, Michael Cerda, William Fenn, Lee Ann Garcia, Jolene Gustason, Randy Halseth, Cliff Homan, James Monroe, Margie Miller, Glenn Nichols, Barrie Owens, David Ortiz, Bernard Ojeda, Carlos Ramirez, Terrilee Robb, Lynette Sandiford, Thomas Schwab, Ken Smith, Monique Stanckiewitz, Watt Stanckiewitz, Phil Spisak, Joanne Thoring, Jim Vert, Doug VonKriegelstein, Joyce Widenauer, Mathew Wirz. Meeting was called to order at 7:06 pm by Jeff Allen. Flag salute was given. Guests Eleen Young and Winifred Horspool were in attendance. Sign- up sheet was passed around to members for roll call. Minutes for January 4, 2011 were approved by members present. Treasurers Report was given by Barbara Smeltzer. Combined balance is currently $5,682.20. No change from last month. 11 Training was given by Helen Ramos on "Conducting Head-To-Toe Assessments" The first steps that you will take when working with a victim will be to conduct a triage and rapid treatment. After all victims in an area have been triaged CERT members will begin a thorough head-to-toe assessment of the victim's condition. During triage, you look for "the killers". Airway obstruction—Excessive bleeding—Signs of shock. During a head-to-toe assessment, look for the following. Bruising—Swelling—Severe pain and Disfigurement. Whenever possible, you should ask tha person about any injuries. If the victim is conscious, CERT members should always ask permission to conduct the assessment. The victim has the right to refuse treatment. Then: Pay careful attention. Look, listen, and feel for anything unusual. Conduct he head-to-toe assessments systematically, checking body parts from the top to the bottom for continuity of bones and soft tissue injuries in the following order: Head, Neck, Shoulders, Chest, Arms, Abdomen, Pelvis, Legs and Back. Check your COUNCIL AGENDA ITEM NO.,J 1 own hands for patient bleeding as you complete the head-to-toe assessment. Also, treat all unconscious'victims as if they have a spinal injury. The main objective when CERT members encounter suspected injuries in the head or spine is to do no harm. You should minimize movement of the head and spine, while treating any other life-threatening conditions. Some of the signs of a closed-head, neck or spinal injury may include: Change in consciousness, inability to move one or more body parts, severe pain or pressure, tingling or numbness in extremities, difficulty breathing or seeing, heavy bleeding, blood or fluid in the nose or ears, "raccoon" eyes, uneven pupils, seizures, nausea or vomiting. Old Business: Remember all CERT members need to take the ICS courses 100 and 700. Need certificate printed and a copy given to Joe Ramos. Upcoming joint training with Colton and Loma Linda will be held on Saturday, April 30, 2011 at the Colton Fire Station. More information forthcoming. New Business: On February 10, 2011—CERT members will be setting up the EOC in the community room at City Hall. This will be evaluated by Sheriff's Department, County Fire and Grand Terrace City Manager. In March- date to be determined—CERT will set up EOC and conduct an emergency exercise. On March 13, 2011—CERT will be assisting with the Walk up Blue Mountain. Tom Roberts will contact Dennis Kidd to coordinate our responsibilities. Jeff Allen stated he received a price for 12 rain suits for$199.27 and for 12—4 in 1 tools for $100.00 from_ Home Depot. Debra Hurst made a motion with a second from Joe Borelli —Motion passed by members present. Jeff Allen to submit paperwork to City for check to Home Depot for purchase of these items. Remember Council Meeting on February 8, 2011--Council will be presenting CERT members for their participation during the December 22, 2010 event. Please attend. There being no further business to discuss the meeting was adjourned at 8:05 pm. Next Meeting March 1, 2011 7:00 pm City Hall Resppctively Submitted, bebra Hurst' Secretary J "301J00. RECEIVED Historical& Cultural Activities Committee APR 0 5 2011 Minutes for March 7,2011 GITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT The meeting was called to order at 7:10 p.m.by Chair Pauline Grant. Those present were Pauline Grant, Gloria Ybarra, City Clerk Brenda Mesa, Masako Gifford, Shelly Rosenkild,Ann Petta and Frances Carter. Secretary's Report: The minutes for February 7,2011 were read and approved on a motion by Ann, seconded by Shelly. All in:favor. Motion carried. Treasurer's Report: The budget shows a balance of$97.13. The Petty Cash balance is �- $161.81. Cash reimbursements were made to Shelly($55.20) for balloons used at the Potluck dinner;to Gloria($8.80)for stamps and also($10.00)for invitations. Historical Report: Ann contributed various photographs taken at the 2003 Richard Rollins Park groundbreaking. Efforts will be made to obtain the names of the individuals featured in the group photos. The names will then be written on back of each photograph for identification. The items will be added to the historical collection. Old Business: 27`h annual Art Show, Sunday, May 1, 2011 Ann will continue to contact individuals for Art Show participation. The committee viewed the Art Show application as presented by Shelly. Shelly added that she will either update or redo the application entirely as needed. The deadline for the applications is April 20a'.- Shelly will also bring the finished poster original to the next meeting. Gloria showed the invitations and the information to be printed on the invitations to the committee for approval.-After discussion,the invitations were approved by the committee. The invitations will be mailed to the city mayor, councilmembers, city manager,Planning Commission, Woman's Club and the Lion's Club one month prior to the Show. The meeting was adjourned at 7:40 p.m. The next committee meeting is scheduled for April 4, 2011. s ectfully Submitted, Gloria Yb / Secretary COUNCIL AGENDA ITEM NO.,�� 'CALIFORNIA AGENDA REPORT MEETING DATE: " April 12, 2011 Council Item(X) CRA Item( ) TITLE: Restatement of the General Fund Reserve PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Approve the restated fund balance for General Fund, including the budget adjustments detailed in- Attachment B. Direct staff to prepare the Fiscal Year 2011-12 operating budget based upon this restated fund balance. BACKGROUND: The mid' year budget review for Fiscal Year (FY) 2009-2010, presented to the Council on February 23, 2010, was the first time Council was informed of a $4,606,950 loan from the Community Redevelopment'Agency (Agency)' to the City (General Fund) which had been reported for many years in the Annual Financial Reports for the City and the CRA but not in the operating budget. The Council began to address this issue with the adoption of the FY 2010- 2011 operating budget on June 22, 2010 which acknowledged the loan and plan to repay the loan. At the January 25, 2011. Council Workshop, the City's audit firm (Rogers, Anderson, Malody & Scott, LLP) advised the Council that the City had implemented GASB Statement No. 34 for its financial statements but not for its operating budget. The Governmental,Accounting Standards Board (GASB) issued Statement No. 34 in June 1999 which established new financial reporting requirements for state and local governments. Due to the size of its revenues, Grand Terrace should have implemented GASB Statement No. 34 for the fiscal year beginning July 1, 2003 (FY 2003-2004). The City's failure to do this for the operating budget has resulted in the Council relying'on a General Fund reserve which does not,exist when the loan from the Agency- to the General Fund is included. The City's audit firm further advised the Council-that the fund balance for the General.Fund needed to be restated by including the loan from the Agency or the City would receive an audit finding. DISCUSSION: The restating of the General Fund's fund balance will begin with the beginning fund balance for FY 2010-11, which is the same as the ending fund balance for FY 2009-2010. The FY 2009-10 ending fund balance for the General Fund, as reported in the City's financial statement issued for June 30, 1010, is summarized as follows: COUNCIL AGENDA ITEM NO. � 1 Restated Fund Balance for Cieneral Fund April 12, 2011 Page Number 2 FY 2010-11 GF Beginning Fund Balance (as shown in financial_ statement) GF Assets 4,060,115 GF Liabilities -4,780,545 GF Fund Balance -720,430 As previously mentioned, this fund balance reflects the $4,606,950 loan from the Agency to the General Fund. The General Fund, as the City's primary operating fund, cannot have a negative fund balance. The first step in restating the fund balance was to determine what actions the Council could take to reduce the amount of the loan from the Agency to the General Fund. The following three actions have been taken: ■ On February 8, 2011, the Council as the Agency Board made retroactive findings that the 2006 reconstruction of Mt. Vernon Road was an Agency project instead of a City project thereby reducing the loan by $819,235. ■ On February 22, 2011, the Council authorized applying the balance due from a 2603 loan from the City to the Agency toward the amount owed to the Agency thereby reducing the loan by$267,622. ■ On March 8, 2011, the Council transferred a City-owned parcel to the Agency for a Habitat for Humanity housing project thereby reducing the loan by$132,000. The net result of these three actions is that the $4,606,950 loan from the Agency to the City was reduced to $3,388,093. The FY 2010-11 beginning fund balance for the General Fund in the financial statement would be revised as follows: _.. -- -- ---------- ----- - - - ----- ---- ----- ---- ........ Financial 2/8/11 2/22/11 3/8/11 Revised Statement Action Action Action Beginning GF Assets 4,060,115 -267,622 3,792,493 GF Liabilities 4,780,545 819,235 267,622 132,000 -3,561,688 GF Fund Balance -720,430 '819,235 0 132,000 _ 230,805 This $230,805 revised beginning fund balance shown above is the restated fund balance for the General Fund for FY 2010-11. Attachment A of this staff report is the restated proforma balance sheet for the General Fund as it would be submitted to the City's audit firm showing the $230,805 beginning fund balance. This number is also the beginning fund balance to be used for the General Fund for the FY 2010-11 operating budget and ultimately the financial statement when it is prepared for the end of the current fiscal year. .011 Y=:: Tf AG143c A .1l3Nl9Cy3 Kestatea runs tsaiance ror venerai runs April 12,2011 Page Number 3 As adopted, the FY 2010-11 General Fund operating budget anticipated using reserves (fund balance). With a restated fund balance that is greatly reduced, mitigating action needs to be taken so that the General Fund operating budget is not in the deficit position shown below: FY 2010-11 GF Budget (prior to mitigating action) Revised GF Beginning Balance 230,805 Adopted Budget GF Expenditures -4,843,812 Adopted Budget GF Revenues 4,404,539 Revised GF Ending Balance -208,468 . To bring the FY 2010-11 General Fund operating budget into a positive position, a combination of additional revenue, budget savings and unbudgeted expenditures are detailed in Attachment B of this staff report. Significant items in Attachment B include the following: ■ An additional$79,371 in sales tax revenue will be recognized based upon updated projections received from the City'.s sales tax consultant(The HdL Companies)in February. ■ An additional $12,000 in planning fees will be recognized due to Walgreen's recent payment of planning fees which had not been budgeted. ■ Ten percent (10%) more of the City Manager, Finance Director and Community & Economic Development Director will be allocated to the Agency due-to the increased work in this area since the Governor's budget proposal to eliminate redevelopment agencies. ■ A portion of a Maintenance Worker 2 will be allocated to the Landscaping & Lighting Assessment District. Such an allocation has not been made for several years so this fund is able to absorb this one time allocation. ■ A small portion of five positions will be allocated to the Parks Grant. ■ Civic Center improvements(skylights)will be deferred., ■ Vacant Senior Center Coordinator position will be defended. Addressing the operation of the Senior Center, to satisfy the City's insurance pool's concerns, will be a budget issue for the FY 2011-12 operating budget. ■ PERS earnings for 2006, 2007 and 2008 will be restated, as required by PERS, to correct a reporting error. The $30,000 anticipated savings allows for a temporary payroll technician to be hired for one month to calculate the adjustments and prepare the new PERS reports for each pay period in these,three years. 3 Restated Fund Balance for General Fund April 12,2011 Page Number 4 ■ Unbudgeted expenses for increases to PERS health insurance and PERS survivor benefit along with winter 2010 rain expenses not allowed by FEMA will offset a portion of the additional savings anticipated for FY 2010-11. The net result of the budget items in Attachment B is $240,534 in budget savings. When this savings is applied to the FY 2010-11 General Fund operating budget, the ending fund balance is a shown below: FY 2010-11 GF Budget (after mitigating action) Revised GF Be ginning Balance 230,805 Adopted Budget GF Expenditures -4 843,812 Adopted Budget GF Revenues _ 4,404,539 Attachment A Budget Savings 240,534 Revised GF Ending Balance 32,066 An ending fund balance of $32,066 for the current fiscal year does not fall within GASB's recommended 5%to 15%of General Fund operating revenue. The City's audit firm has strongly suggested that the City begin to bring General Fund expenditures in line with General Fund revenues by some combination of reducing expenditures and increasing revenues. To achieve the 5% minimum the General Fund's ending fund balance needs to be $224,796 for Fiscal Year 2010-11. As no further revenue increases are anticipated this fiscal year, the only way to work toward increasing this fund balance .is by reducing expenditures. Staff is prepared to bring forward additional budget savings alternatives for consideration by the Council. .It needs to be noted that these alternatives will have corresponding service level reductions. FISCAL IMPACT: By restating the fund balance of the General Fund operating budget, the City now complies with GASB Statement No. 34 and avoids an audit finding. This is important as the City proceeds with efforts to issue Agency debt. With the uncertain future status of redevelopment agencies'in California, it is likely potential holders of Agency debt may also want examine the City's finances. While not strong,the City will have a financial audit which is free of findings. The restating of the General Fund's fund balance highlights the City's long standing dependency on the Agency to fund a portion of general operations. Long term, this is not a viable way to fund these operations which is why it has been recommended elsewhere in the April 12 Council Agenda that the City hire a consultant to develop General Fund Financial Sustainability Model. Finally, the FY 2010-11 operating budget will be adjusted for the items listed in Attachment B. Kestated Fund Balance for General >~and April 12,2011 Page Number 5 Respectfully submitted, Betsy kf Adams City Manager ATTACHMENTS:. Attachment A: Restated Proforma Balance Sheet for the General Fund Beginning Fund Balance for FY 2010-11 Attachment B: Additional Revenue, Budget Savings &Unbudgeted Expenses for FY 2010-11 General Fund 5 Restated Fund Balance for General Fund April 12,2011 Page Number 6 Attachment A City of Grand Terrace Proforma Balance Sheet-Beginning FY 2010-11 As if Changes Made 7/112010-For Comparison Purposes Only LOAN REDUCING TRANSACTIONS Revised 7/1/2010 (1) (2) (3) 7/1/2010 Balance Credit Credit Credit Balance Sheet Mt V. Pro' CRA Loan HFH Pro' Sheet Cash 3,467,965 3,4671,965 Cash with Fiscal Agent - " Interest Receivable 3,501 3,501 Accrued revenues 135,338 135,338 Due from other Funds 13,509 13,509 Due from other Gov 169,244 169,244 Advances due from other Funds(CRA) 267,622 (267,622) - Loans Receivable 2,936 2,936 Total Assets 4,060,115 - (267,622) - 3,792,493 Accounts Payable 148,124 148.124 Accrued Liabilities 22,944 22,9" Due to other Funds - Due to other Gov - Advances due to other Funds(CRA) 4,606,948 (819,236) (267,622) (132,000) 3,388,091 Deferred Revenue 2,527 2,527 Total Liabilities 4,780,543 (819,235) (267,622) (132,000) 3,561,686 Fund Balance Reserved - " Unreserved(deficit) (720,428) 819,235 132,000 230,807 Total Fund Balance (720,428) 819,235 - 132,000 230.807 Total Liabilities and Fund Balance 4,060,115 - (267,622) - 3,792,493 (1) Mt,Vernon Project Credit-authorized-2/8/2011 (2)Credit of CRA Loan due to City against City$4.6 M Loan to CRA -authorized 2/22/2012 (3)Sale of Michigan Ave. Property from City to CRA-for potential HFH Project-authorized 3/8/2013 Attachement A_General Fund Bal Sht proforma 07-01-10.xls Restated Fund Balance for General Fund April 12,2011 Page Number 7 Attachment B Fiscal Year 2010/2011 General Fund Budget Adjustments Additional Revenue,Budget Savings & Unbud eted Expenses # Account No. Account Description $- 1 10-300-02 Additional Sales Tax(projection increased b HdL - 79,371 2 10-420-10 Additional Planning Fees Wal een's) 12,000 3 10-110-220 Ci' Council Special Departmental Expense 200 4 10-110-Various City Manager Change CM Allocation to CRA from 25%to 35% 24,954 5, 10-120-210 City Manager Office Expense 750 6 10-120-220 City Manager Special Departmental Expense 100 7 10-120-230 City Manager Advertising 2,250 8 10-120-230 City Manager Maint/Operation Equipment 100 9 10-120-265 City Manager Membership&Dues 600 10 10-120-268 City Manager Training 250 11 10-120-270 City Manager Travel/Conferences/Meetings 250 12 10-140-Various Finance Change Director Allocation to CRA from 25%to 35% 15,704 13 10-140-250 Finance Professional Services 1,400 14 10-172-255 Building& Safety Special Engineering 4,000 15 10-175-Various Public Works Allocate Maint Worker 2 to Landscap&Light Assess Dist 16,515 16 10-175-Various Public Works Allocate 20 Hrs of Maint Supervisor to State Park Grant 680 17 10-175-Various Public Works Allocate 20 Hrs of Management Analyst to State Park Grant 611 18 10-175406 Public Works Civic Center Improvements 15,000 19 10-190-210 Non-Departmental Office Expense 250 20 10-190-224 Non-Departmental Pre-Employment Physicals 2,000 21 10-370-Various Community Development Change Director Allocation to CRA from 50%to 60% 16,872 22 10-370-Various Community Development Allocate 40 Hrs of Director to State Park Grant 3,244 23 10-370-Various Community Development Allocate 30 Hrs of Senior Planner to State Park Grant 1,610 24 10-370-Various Community Development Allocate 70 Hrs of Mgmt Analyst to State Park Grant 2,511 25 10-380-210 Information Systems Office Expense 1,000 26 10-380-219 Information Systems Computer Maintenance Services 2,500 27 10-380-701 " Information Systems Computer Upgrades 1;000 28 10-440-272 Child Care Fuel&Vehicle Maintenance 1,100 29 10-440-700 Child Care Computer Equipment 1,444 10-440-270 Child Care Travel,Conferences&Meetings 1,908 30 10-805-Various Senior Citizens Program Defund Senior Center Coordinator Position 17,441 31 10-805-210 'Senior Citizens Program Senior Office Expense 500 32 10-805-245 Senior Citizens Program Senior Maintenance Bldg&Grounds 5,000 33 10-Various Restated PERS Earnings for 2006,2007,2008 30,000 34 10-Various Increase to PERS Health Insurance -5,201 35 10-Various Increase to PERS Survivors Benefit -1,530 36 '10-Various Winter 2010 Rain Expense Not Allowed by FEMA(private property) -15,850 Total 240,534 7 CALIFOANIA AGENDA REPORT MEETING DATE: April 12, 2011 Council Item(X) CRA Item ( ) TITLE: American Metal Recycling, Junk and Secondhand Dealers License PRESENTED BY: Joyce Powers, Director of Community and Economic Development Sandra Molina, Senior Planner RECOMMENDATION: Approve the Junk and Secondhand Dealers License BACKGROUND On March 31, 2011, the Planning Commission approved Conditional Use Permit 11-01 and Site and Architectural Review 11-01 at a noticed public hearing, permitting American Metal Recycling ("AMR") to re-use an existing industrial site located at 21516 Main Street to operate a recycling collection facility. AMR would accept for recycling CRV cans, glass and'plastic bottles, various ferrous (e.g. wrought iron, stainless steel) and non-ferrous (e.g. aluminum, brass, copper) metals, automotive parts, household items (e.g. bed frames, refrigerators), and cardboard. In approving the use,.the Planning Commission imposed several conditions of approval regulating the time of day that recycled materials can be moved about the site to limit noise, mandating compliance with the Noise Ordinance, water quality measures, site maintenance and upkeep, posting of hours of operations, prohibiting on-site disassembly, and requirement for landscaping improvements along the parkway. The adopted Planning Commission Resolution with the conditions of approval is contained in Attachment 1. DISCUSSION Chapter 5.44 Junk and Secondhand Dealers of the Grand Terrace Municipal Code, classifies anyone that purchases, sales or transfers scrap metals as a"junk dealer", requiring the approval of a Junk and Secondhand Dealers license ("License") by the City Council. Section 5.44.030 requires that the License be referred to the Planning Department, Building and Safety Department, and to the Chief of Police for investigation concerning the applicant's business and character of the applicant, and make a report of their findings, with a recommendation to the City Council as to whether or not the applicant should be granted the License. The Planning, Building and Safety and Sheriff's Departments have reviewed the License application(Attachment 2) and recommend City Council approval(Attachment 3). COUNCIL AGENDA ITEM NO. U2 1 Agenda Report Page 2 of 2 It should also be noted that recycling facilities are heavily regulated. Chapter 5.44 requires the applicant to provide regular purchase reports to the Sheriff's Department when non-ferrous metals, fence material, pipe, chain, machinery parts, new foundry castings, cables, and automobiles are purchased. The reports must contain name, vehicle license number, drivers license number, description and weight of the items purchased, and time and date of purchase. The state Business and Professions Code also regulates the use and requires more extensive reporting and recordkeeping requirements. The applicant operates a full metal recycling collection and processing facility in the City of Fontana and is familiar with the state's regulatory requirements, including record keeping. FISCAL IMPACT No impact. The applicant is required to pay business license fees on an annual basis. Prepared by, Sandra Molina, Senior Planner Respectfully submitted, 1 J101YA Powers Director of Community and Economic Development Manager Approval: Betsy K. Adams City Manager ATTACHMENTS: 1. Planning Commission Resolution 2. Junk and Secondhand Dealers License application 3. Recommendations for Approval Attachment 1 Draft Planning Commission Resolution 3 RESOLUTION NO. 2011- _02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE APPROVING CONDITIONAL USE PERMIT 11-01 AND SITE AND ARCHITECTURAL REVIEW 11-01 TO RE-USE AN EXISTING SITE BY ESTABLISHING A RECYCLING COLLECTION FACILITY LOCATED AT 21516 MAIN STREET WHEREAS, American Metal Recycling ("Applicant"), represented by Todd Rubin;has submitted applications to re-use approximately two acres of a four acre parcel to establish a metal recycling collection center ("Project"). The project site is zoned M2-Industrial and has a General Plan land use designation of Industrial. WHEREAS, accepted recycling items include CRV cans, glass and plastic bottles, various metals, automotive parts, and household items. Collected items are placed in metal bins stored under a fully covered 11,000 square foot warehouse building. The recycled items are trucked to an offsite facility where they are processed for shipment to recycling mills. Limited site improvements and parkway landscaping will occur. A 1,350 square foot office will be occupied and house 5 employees. Approximately 20 vehicle trips a day and two weekly operator diesel truck trips are expected to occur. Hours of operation are 8:00 a.m. to 4:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday. WHEREAS, an environmental Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA), which was circulated for public review from February 28, 2011 to March 29, 2011. The Initial Study determined that the project would not have a significant effect on the environment because mitigation measures have been incorporated into the project to reduce all potential impacts to insignificant levels with respect to Hazards/Hazardous Materials and Noise, and a Mitigated Negative Declaration was prepared. WHEREAS, on March 31, 2011 the Planning Commission conducted a duly noticed public hearing on Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that, based on the Initial Study, the public hearing, and substantial evidence in the record, the Project will not have a significant effect on the environment because all potential environmental impacts have been mitigated to a level of non-significance through the incorporation of mitigation measures in the Project approval. The Mitigated Negative Declaration and Mitigation Monitoring Plan, included herein as Exhibit 3, prepared in connection with the Project have been reviewed and considered and reflect the independent judgment of the Planning Commission, and are hereby adopted. Page 1 of 6 L 2. The Planning Commission finds as follows with respect Conditional Use Permit 11-01: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons.residing or working within the neighborhood of the proposed project or within the city because an Environmental Initial Study was prepared which evaluated for potential impacts relating to air quality, noise, traffic, and hazards/hazardous materials. The Initial Study determined that the project would generate less than significant traffic and air quality impacts, and that potential impacts relating to noise and hazards/hazardous materials would be mitigated to less than significant - impacts. b. The proposed use will not be injurious to property,or improvements in the neighborhood or within the City because the Project will be built in accordance with the building codes, .meets all applicable setbacks, and as stated in Paragraph 2.a above, potential impacts relating to air quality, noise, traffic and hazards/hazardous materials are less than ,significant or have been mitigated to less than significant levels. C. The ,proposed Project is consistent with the General Plan because it is consistent with the intended land uses of the Industrial land use designation. It . is consistent with Open Space and Conservation Policies 4.8.1 and 4.8.2 regarding protection of water quality in that the_ Project has been evaluated during the CEQA and Project-review process to-identify and address potential point and non-point sources of groundwater contamination; enforcing compliance with NPDES, WQMP, BMP and RWQCB requirements. The Project conforms to Noise Element .Policy 6.2.1 regarding potential noise impacts because the Project has been evaluated for potential noise impacts and appropriate mitigation is being applied. The Project promotes Open Space and Conservation, Public Services, and Sustainable Element Policies relating to recycling and reduction of the waste stream. d. Conditions necessary to secure the purposes of Chapter 18.83 (Conditional Use Permit) are made a part of the conditional use permit. 4. The Planning Commission finds as follows with respect to Site and Architectural' Review 11-01: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The Project site is zoned M2-Industrial and on October 21, 2010 the Planning Commission adopted Resolution No. 2010-11 determining that metal recycling collection centers are conditionally permitted in the M2 Industrial. The Project has been conditioned to comply with applicable ordinances and regulations of the Municipal Code, such as the Noise . Ordinance, and in keeping with Chapter 18.88 (Conditional Use Permits), operating conditions of approval have been incorporated into the Project. The Project is located in the Industrial General Plan land use designation, and the use is consistent with the intended uses of the Industrial designation. The Page 2 of 6 5 Project complies with the Open Space and Conservation Element regarding protection of water quality in that the Project has been evaluated during the CEQA and Project-review process to identify and address potential point and non-point sources of groundwater contamination; enforcing compliance with NPDES, WQMP, BMP and RWQCB requirements (Policies 4.8.1 and 4.8.2) . The Project conforms to Noise Element Policy 6.2.1 regarding potential noise impacts because the Project has been evaluated for potential noise impacts and appropriate mitigation is being applied. The Project promotes Open Space and Conservation,,Public Services, and Sustainable Element Policies relating to recycling and reduction of the waste stream (Policies 4.6.4, 7.4.3 and 9.2.3). b. The location and configuration of all structures associated with this Project are - visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. The Applicant will re- use existing structures. The existing structures do not obstruct views of Blue Mountain, nor interfere with privacy of adjacent properties. The Project is in scale with the surrounding area. C. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code. The Project will be established utilizing existing structures, which are already painted an earth-tone tan. Where building openings have been filled in, the Applicant has been conditioned to paint the filled in area with a matching or complementary color.- C. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. Parkway landscaping will be re-installed to visually enhance the streetscape. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting and natural landforms are preserved. The Project site is fully developed. On-site landscaping will be maintained, and parkway landscaping will be re-installed. f. The design and location of all signs associated with this Project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code. No signs are proposed at this time. However, the installation of any signs will require compliance with the City's Sign Code. g. Conditions of approval for this Project necessary to secure the purposes of the Grand Terrace have been applied to the Project. Page 3of6 c BE IT FURTHER RESOLVED that Conditional Use Permit 11-01 and Site and Architectural Review 11-01 are hereby approved subject to the following conditions: 1. Conditional Use Permit 11-01 and Site and Architectural Review 11-01 are approved based on the application materials submitted by American Metal Recycling, on January 3, 2011, including the site and floor plans dated February 17,;2011, and the . preliminary landscape plans dated January 3, 2011. All plans shall be consistent in terms of property lines, easement location and dimensions and other measurements. This approval includes the operation of a metal collection recycling center, including a CRV buy back,center. 2. This. approval shall expire twelve (12) months from the. date of adoption of this resolution unless building permits have been issued and a substantial investment has occurred; all conditions of approval have been met; or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration 'date. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Community and Economic Development Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site, floor and landscape plans. 5. The applicant shall pay all applicable development impact fees, and demonstrate the payment of school impact fees to the Building and Safety Department. 6. The applicant shall comply with all applicable ,local, county, state and federal regulations, including Chapter 5.44 of the City's Municipal Code and the California Business and Professions Code, and obtaining applicable clearances from the State of California Department of Resources Recycling and Recovery. 7. Construction and operational activities associated with the project shall comply with. the regulations of the City's Noise Ordinance, Chapter 8.108 of the Grand Terrace Municipal Code. 8. Upon approval of these conditions and prior to becoming final and binding, the applicant must sign and return an "Acceptance of Conditions" form. The form and content shall be prepared by the Community and Economic Development Department. Page 4 of 6 7 9. The applicant shall comply with all requirements of the City of Grand Terrace Director of Building and Safety/Public Works, including the conditions of approval contained in the Director's memorandum dated January 24, 2011, attached hereto as Exhibit 1. 10. The applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their letter dated January 13, 2011, attached hereto as Exhibit 2. 11. The applicant shall comply with the Mitigation Monitoring Plan prepared for the project, attached hereto as Exhibit 3. 12. The applicant shall pick up residual trash around the perimeter of the Project site on a daily basis. 13. Prior to the issuance of a certificate of occupancy the applicant shall submit three (3) copies of landscape and irrigation plans to the Community and Economic Development Department for review and approval. These plans may show alternating gravel and landscape pockets along the parkway so that site landscape is less than 2,500 square feet. A temporary certificate of occupancy may be issued to allow deferred installation of the landscape, not to exceed 60 days from the date that a temporary certificate of occupancy is issued. 14. The applicant shall paint the filled in areas of the warehouse industrial building to match the primary building color. As an alternative, these areas may be painted with a complementary accent color. 15. Recycled .items shall not be stored outdoors. All recycled materials shall be kept inside bins stored within the industrial warehouse building. 16. Prior to initiation of business activities and opening of the business to the general public, the applicant shall obtain a Business License from the Finance Division, which shall be maintained as long as the business is in operation. 17. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the City to insure the health, safety, and welfare of the general public. 18. All on-site and parkway landscaping shall be maintained by the applicant in good condition at all times. 19. "Prior to the issuance of a Certificate of Occupancy, the applicant shall obtain applicable clearances from the San Bernardino County Fire Department Hazardous Page 5 of 6 Materials Division, which acts as the Certified Unified Program Agency (CUPA) Program. 20. *As an ongoing condition of approval, the transfer of recycled materials from bin to bin, the movement of bins within the Project site, and the transportation of bins to and from the Project site shall not occur any earlier than 10:00 a.m. in the morning. 21. No on-site dismantling or disassembly shall be allowed. 22. The applicant shall post the hours of operation in a location visible to the public. 23. The applicant shall provide a truck routing plan for American"to the City. Metal Recycling trucks *Indicates Mitigation Measure PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 31 st day of March, 2011. AYES: Chairman Wilson, Commissioner Comstock, Commissioner Kongtang NOES: None ABSENT: Vice Chair Addington, Commissioner Bailes ABSTAIN: None ATTEST: Brenda Mesa Doug Wilson City Clerk Chairman, Planning Commission Page 6 of 6 A , G/�llli.71� 1 Building and Safety/Public Works Department Conditions of Approval Date: January 24, 2011 Applicant: American Metal Recycling, Todd Rubin,President. Address of Applicant: 11150 Redwood Ave, Fontana,CA 92337 Site Location: 21516 Main Street W.O.# 12-8.5477 Provide four.(4) construction plans and information for review of the proposed project. Below is a list of the plans and documents needed for plan review. The initial plan review usually will take three weeks on most projects. You have received work order number 12-8.5477, for the proposed project. This number will be needed to obtain information regarding your plan review. A plan review fee and permit fee will be charged at the time plans are approved and,are ready to issue. Provide the following sets of plans and documents. Buildine and Safety submittal's required at first Plan review. - (1) Lease Agreement (4) Plot/Site Plans (2) Water Quality Management Plan, (WQMP) Buildiam& Safety/Public Works General Information All structures shall be designed in accordance with the 2010 California Building Code, 2010 - California Mechanical Code, 2010 California Plumbing Code, and the 2010 California Electrical Code adopted by the State of California. J The Developer/Owner is responsible for the coordination of the .final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety.. Each agency shall sign the bottom of the Building & Safety Job Card. Building & Safety inspection requests and Public Works inspection requests can be made twenty four (24) hours in advance for next day inspection. Please contact (909) 825-3825. You may also request inspections at the Building & Safety public counter. 1C Building Permit Conditions 1. Prior to issuance of Building Permits, -on site water service shall be installed and approved by the responsible agency. On site,Fire Hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the Fire Hydrants are established and approved. 2. Prior to issuance of Building Permits, provide Building & Safety with a will service letter from Riverside Highland Water Company. (909) 825-4128 3. All.construction projects shall comply\with National Pollutant Discharge Elimination Systems (NPDES). NPDES reports shall be submitted with project plans showing Best Management Practices (BMP) at time of plan review. The existing site finish grade allows nuisance water to flow directly to the street unabated. Provide plans for a filter or retention area to be installed at the stone inlet near the entrance to the facility. 4. Prior to issuance of building permits, provide Building and Safety with a clearance from the Santa Ana Regional Water Control Board. Submit an application for a Notice of Intent for coverage under the General Industrial Permit. (951)-782-4130 5. Prior to issuance of building permits or approvals provide Building and Safety with a clearance letter from South Coast Air Quality Management. (909)-396-2000 6. A building permit will be required for the disabled ramp and disabled parking stall construction. 7. Prior to occupancy, provide a clearance from San Bernardino County Fire Marshal's office. 8. Provide plans for any new machinery or devise used that is ran by fuel or electrical for recycling. This includes any devise for weighing trucks or containers. 11 �r+�� o�ni�r+nu�ivU %#UU11 1 T COUNTY OF SAN BERNARDINO PUBLIC AND SUPPORT FIRE DEPARTMENT SERVICES GROUP OFFICE OF THE FIRE MARSHAL DAN WURL COMMUNITY SAFETY DIVISION Fire Chief 620 South "E"Street - i San Bernardino,Ca.92415-0179 41 0 (909)386-8465-Fax(909)386-8460 DATE: January 13, 2011 EXPIRATION: January 2012 AMERICAN METAL RECYCLING TODD RUBIN 11150 REDWOOD AVENUE 92337 PERMIT NUMBER: F201100011 PROJECT NUMBER: CUP 11-01 LOCATION: 21516 MAIN STREET- GRAND TERRACE PROJECT TYPE: CUP OCCUPANCYTYPE: B,S APN: 1167-111-10-0000 PROPOSAL* AMERICAN METAL RECYCLING IS PROPOSING TO ESTABLISH A METAL RECYCLING COLLECTION FACILITY OPEN TO PUBLIC O APPROXIMATELY TWO ACRES OF A FOUR ACRE PARCEL ZONED M24NDUSTRIAL. NO HAZ-MAT WILL BE COLLECTED. NO NEW BUILDINGS PROPOSED. PLANNER: SANDRA MOLINA Dear Applicant: With respect to the conditions of approval regarding the above referenced project, the San Bernardino County FirE Department requires the following fire protection measures to be provided in accordance with applicable local ordinances, codes, and/or recognized fire protection standards. The Fire Conditions Attachment of this document sets forth the FIRE CONDITIONS and STANDARDS which are applied to this project. FIRE CONDITIONS: All FIRE CONDITIONS FOR THIS PROJECT ARE ATTACHED Page of Sincerely, San Bernardino County Fire Department Valley Division Community Safety Divsion Duty, Honor, Community 1� NKr_ LoUNI II1UN0 HI IMorlIVICRI DATE: 01-13.2011 �' • "' PROJECT: CUP 11-01 PERMIT NUMBER: F201100011 LOCATION: 21516 MAIN STREET-GRAND TERRACE M PARCEL: 1167-111-10.0000 CONDITIONS ED Cond: F01 JAN 13 2011 Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein("Fire Department"). Prior to any construction occurring on any parcel,the 'scant shall contact.the Fire Department for verification of current fire protection a.; irements.All new construction shall comply with the current Uniform Fire Code requirements and all applicable statutes,codes,ordinances and standards of the Fire Department.[F01] Cond:F03 Inspection by Fire Department. Permission to occupy or use the building(Certification of Occupancy or Shell Release)will not be granted until the Fire Department inspects,approves and signs off on the Building and Safety job card for"fire final". [F03] Cond: F05B Fire Flow Test.Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand.You will be required to either produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied or you must install an approved fire sprinkler system.This requirement shall be completed prior to combination inspection by Building and Safety. [F0513] _ Cond: F41 Access.The development shall have a minimum of points of vehicular access.These are for 'emergency equipment access and for evacuation routes. Standard 902.2.1 Single Story Road Access Width: All buildings shall have access provided by approved roads,alleys and private drives with a minimum twenty six(26)foot unobstructed width and.vertically to fourteen(14)feet six(6)inches in height.Other recognized standards may be more restrictive by requiring wider access provisions. Multi-Story Road Access Width: Buildings three(3)stories in height or.more shall have a minimum access of thirty(30)feet unobstructed width and vertically to fourteen (14)feet six(6)inches in height. [F41] Cond: F82 Commercial Addressing. Commercial and industrial developments of 100,000 sq.ft or less shall have the street address installed on the building with numbers that are a minimum six(6)inches in height and with a three quarter(3/4)inch stroke. The street address shall be visible from the street.During the hours of darkness, the numbers shall be electrically illuminated(internal or external).Where the building is two hundred (200)feet or more from the roadway,additional non-illuminated contrasting six(6)inch numbers shall be displayed at the property access entrances. Standard 901.4.4[F82] Cond: F88 Fire Extinguishers. Hand portable fire extinguishers are required.The location,type, and cabinet design shall be approved by the Fire Department. [1788] Cond: F86 Page of rimy- %emmul11V1r0 P%I Imor"w1G1\1 DATE: 01-13-2011 , '• PROJECT: CUP 1.1-01 PERMIT NUMBER: F201100011 LOCATION: 21516 MAIN STREET-GRAND TERRACE PARCEL: 1167-111-10-0000 `� • Override Switch.Where an automatic electric security gate is used, an approved Fire Department override switch (Knox®)is required.Standard 902.4[F86] Entry: 01113/2011 By:10545 Action:AUTH An approved fire hydrant meeting the required fire flow of 1500gpm/2hrs duration is required with 300'of all structures. Page of 1� Mitigation Monitoring and Reporting Plan Conditional Use Permit 11-01/Site and Architectural Review 11-01 American Metal Recycling Mitigation Mitigation Measure Implementation Verification Signature Measure Hazards/Hazardous Materials The applicant shall obtain applicable clearances from the San Bernardino County Fire Prior to the Building and Hazards—01 Department Hazardous issuance of a Safety . Materials Division, which acts Certificate of Department as the Certified Unified Occupancy Program Agency (CUPA) Pro ram. Noise Noise—01: As an ongoing condition of approval, the Community transfer of recycled materials and from bin to bin, the movement As part of project Economic a Noise—01 of bins within the Project site, Development Department and the transportation of bins review De P to and from the Project site and Code shall not occur any earlier than Enforcement 10:00 a.m. in the mornin . 1S :1 Vr Community and Economic Development Department CALIFORNIA Mitigated Negative Declaration Date: April 4, 2011 Project Title: American Metal Recycling (Conditional Use Permit 11-01, Site and Architectural Review 11-01, and Environmental 11-01) Project Location: 21516 Main Street (Assessor's Parcel Number 1167-111-10) Description of Project: Re-use an existing industrial site to establish a recycling collection facility on 2 acres zoned M2-Industrial. Accepted recycling items include CRV cans, glass and plastic bottles, various metals, automotive parts, and household items. Collected items are placed in metal bins stored under a fully covered 11,000 square foot warehouse building. The recycled items are trucked to an offsite facility where they are processed for shipment to recycling mills. Limited site improvements and parkway landscaping will occur. A 1,350 square foot office will be occupied and house 5 employees. Approximately 20 vehicle trips a day and two weekly operator diesel truck trips are expected to occur. Hours of operation are 8:00 a.m. to 4:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday. Project Proponent: American Metal Recycling, Todd Rubin, representative Lead Agency: City of Grand Terrace, Community and Economic Development Department Contact Person: Sandra Molina, Senior Planner (909)430-2247 Public Hearing: Planning Commission —Thursday, March 31, 2011, 6:30 p.m. Environmental Finding: On the basis of the Initial Study prepared for the project, it has been determined that the project has been modified to incorporate the mitigation measures listed below so that it would not have a potentially significant effect on the environment. A copy of said Initial Study is available for review from February 28, 2011 to March 29, 2011 at the Community and Economic Development Department, 22795 Barton Road, Grand Terrace; California 92313. This document constitutes a Mitigated Negative Declaration. Hazards — 01: Prior to the issuance of a Certificate of Occupancy, the applicant shall obtain applicable clearances from the San Bernardino County Fire Department Hazardous Materials Division, which acts as the Certified Unified Program Agency (CUPA) Program. Noise — 01: As an ongoing condition of approval, the transfer of recycled materials from bin to bin, the movement of bins within the Project site, and the transportation of bins to and from the Project site shall not occur any earlier than 10:00 a.m. in the morning. 1F Mitigated Negative Declaration American Metal Recycling Page 2 of 2 Prior to the Public Hearing, the public is invited to submit written comments on this Mitigated Negative Declaration during the public review period to the Community and Economic Development Department, City .of Grand Terrace, Grand Terrace, California 92313. Telephone: (909) 430-2218, Facsimile: (909) 783-2600, or Email: smolinaO-)citvofarandterrace.or4. Please refer to the Application Numbers listed above. Signature: �C Sandra Molina Senior Planner Date: (o Zo 1 1 Y:\Project Files\CUP 11-01 American Metal Recycling\Environmental Docs\MND American Metal Recycling.doc 17 Attachment 2 Junk and Secondhand Dealers License application 1� %-A t 1 yr UWUN 1! t Z IUMAL Z f uix am,)exnawnauwm City Clerk P 22795 Barton Road Grand Terrace,CA 92313 u u f a I N u (909)824-6621 Gemralln omotion OFFICE USE ONLY DaviS172oll witted: Related Files: Fees Received$: Received By: N1011-o I X 11-d 1 q - 11 Business Name: Applicant: f I P�ff� i� 6T E ev 5� �1"��eV'l Gc�►.� �TaI �QG Cl Applicant's Interest(Ownership) in Business: ❑ Sole Proprietor ❑ Partnership WCorporation Address: I 1 54 RPAw wt.� Irve_ Fo Q_�a r�0. C ck� q a33 Phone: Fax: E-mail Address: q 69 -q 8�6-- 8000 q 09 - 39 0-3�0 9. [.o rr\. Additional Contact Person:(Please Specify Name,Company,Title) Ockv�_ Address: M 5a Wwt Avg �o� an cc Ce& 33 Phone: Fax: E-mail Address: -9 E m., Ib-r,6ec I Q AC.L � corn Legal Properly Owner. r\6 Tr\Ak5A- 4avv ►5 0 I e Address: Phone: ,r Fax: l n E-mail Address.: (� 5 t 6 3 0 r O 51 — 1 U - �. YY S 1�' tS '�C Y� a. .��00 5 !►'1 Detailed Description of Proposed Business(attach additional sheets if necessar3): ��Z. c,�S�R,1 tJ}"lOr�! �� -1'��,5 rc��ec�t' ,► 5 � O�ev'' c- SQ.r-i c.er act ok-kfea ye.� n 6f .tnc T� vac Project Address: Assessor's� Parcel Number(s): - 1 d�1F'N ► I (o 1It Page 1 of 2 1A (;1'1'Y Ur UIL"VIE KKALZ junR ana aamr m Liau rs City Berk Pwnm 22795 Barton Road / Grand Terrace,CA 92313 (I1IF00Nl1 (909)824-6621 f� llCd�ltfl llld7Jlt I certify that the foregoing and following information in this applicatiopiegawd acc o the best of my knowledge and belief. Da l Signature: Print Name and Title: 5 o l J�x - � n� to � .1'm e P=er,4 rrlaak I certify that I am presently the legal owner of the above-described properly. F er,I ackn o e the filing of this application and certify that all of the above information is true and correct. Date Signature: •3-t1- 11 � Print Name and Title• r I el Suhmattal.Reguarments A. Completed application B. Appropriate fee(s)b a. Additional fees may be required. 1. Junk and Secondhand Dealer fee is $10 (Credited to Business License Fee) 2. PLEASE CALL PLANNING DEPARTMENT TO VERIFY FEES Page 2 of 2 Attachment 3 Recommendations for Approval �1 Junk and Secondhand Dealers Re: American Metal Recycling Page 2 of 2 The Junk and Secondhand Dealer License has been reviewed, including the applicant's business and character and the following recommendation is made: Recommendation: )( .Approve ❑ Do Not Approve Comments: 4deo,414 a gL2tj god ,Q DIO�ipw t�yG�-4�( OLt rLP( s z2V ,c CAL.A�L 'C©64e?Z fCc/1-- Signature Date ,sr\ r �� Department 2; Junk and Secondhand Dealers Re: American Metal Recycling Page 2 of 2 The Junk and Secondhand Dealer License has been reviewed, including the applicant's business and character and the following recommendation is made: Recommendation: Approve ❑ Do Not Approve Comments: Sidnat re Date Department Junk and Secondhand Dealers Re: American Metal Recycling Page 2of2 The Junk and Secondhand Dealer License has been reviewed, including the applicant's business and character and the following recommendation is made: Recommendation: Approve ❑ Do Not Approve Comments: Approved based on compliance with attached conditions of approvals. Sig ature Date /Pua Department 24