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09/27/2011 • ALE P C Y (irY j - September 27, 2011 _ 22795 Barton Road; Grand Terrace 8 ' California 92313-5295 cer;te� CITY OF GRAND TERRACE (808)824-6621 Fax(909)783-7629: • Fax(909)783-2600 GRA/CITY COUNCIL Ma . Mayor REGULAR MEETINGS • Lee yor PoTem' 2n,o AND 4T". Tuesday 6:00 'p om, Bernardo Sandoval Darcy,McNaboe . Gene Hays . Council Members Betsy NI.Adams City Manager • o , • o _ • Council Chambers. Grand Terrace Civic Center , • _ 22795 Barton Road. Grand Terrace,.CA 92313=5295 . l 01247.0005/538346.1 3/6/2019 D-1 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS September 27, 2011 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road 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 IFORM 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— II STAFF COUNCIL • AGENDA ITEMS RECOMMENDATION ACTION :,ONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Presentation—Sister's of St. Benedict B. Chamber of Commerce Business of the Month C. Proclamation—Fire Prevention Week, October 9-15,2011 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. 09-27-2011 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 09-13-2011 Minutes Approve D. Five Year Measure I, Capital Needs Analysis Approve/Adopt E. Reject Liability Claim GTLC-11-04 (Stevenson) Reject F. County of San Bernardino Contract Providing Funding for Accept Improvements at the Grand Terrace Child Care Center B. Holly Bachman, Statewide Senior Director C. Danielle Sotelo, Senior Project Manager • 01247.0005/538346.1 3/6/2019 A-1 uardian of Conservator ❑ Other: 0 .Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association ctly or indirectly interested, or in violation-of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or"noninterests"pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation,including but not limited to the Political Reform Act(Government Code Sections 81000, et seq.) • 01247.0005/53 8346.1 3/6/2019 -17- e due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 01247.0005/538346.1 3/6/2019 -15- -14- lect to pay some or all of the outstanding invoices 01247.0005/538346.1 3/6/2019 -13- onsidered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such 01247.0005/538346.1 3/6/2019 -12- -7- COUNCIL AGENDA 09-27-2011 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 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. Amendment to the Integrated Waste Management Service Approve Agreement allowing Burrtec Waste Industries to collect residential sewer fees on the City's behalf B. Legal Services Agreement for the City of Grand Terrace Approve/Authorize and the City of Grand Terrace Community Redevelopment Agency C. Agreement to Transfer Agency Property Tax Increment to Adopt the City to Participate in the Alternative Redevelopment Program it 9. CLOSED SESSION—None ADJOURN CITY COUNCIL CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 09-13-2011 Minutes Approve 2. Agreement to Transfer Agency Property Tax Increment to Adopt the City to Participate in the Alternative Redevelopment Program 3. Adoption of the Initial Recognized Obligation Payment Adopt Schedule 4. Legal Services Agreement for the City of Grand Terrace Approve/Authorize and the City of Grand Terrace Community Redevelopment Agency ADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, OCTOBER 11, 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. 2 t Providing Funding for Accept Improvements at the Grand Terrace Child Care Center B. Holly Bachman, Statewide Senior Director C. Danielle Sotelo, Senior Project Manager • 01247.0005/538346.1 3/6/2019 A-1 uardian of Conservator ❑ Other: 0 .Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association ctly or indirectly interested, or in violation-of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or"noninterests"pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation,including but not limited to the Political Reform Act(Government Code Sections 81000, et seq.) • 01247.0005/53 8346.1 3/6/2019 -17- e due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 01247.0005/538346.1 3/6/2019 -15- -14- lect to pay some or all of the outstanding invoices 01247.0005/538346.1 3/6/2019 -13- onsidered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such 01247.0005/538346.1 3/6/2019 -12- -7- i i 1 I i 1 1 I I J II . 1 I I I I i I I , , I I 1 p,e, fS•. - a - • . . . a . ._a a a a. a-- a - - - - - • a a AL . .. AL . . . - . . . . . . . . . . . . . . - 1 4 ► 7 ,in ► .0=0 Attu f (Iraxth ersatz CO, 4 • . C ._ ...... 4 • Fire Prevention Week •• October 9,2011 through October 15, 2011 . 4 WHEREAS,the City ofGrand Terrace is committed to ensuring the safety and security ofall those living in and visiting our City; ► . and • 4 WHEREAS,fire is a serious public safety concern both locally and nationally,and homes are the location;where people are ► — 4 •at greatest risk from fire;and ♦ ors 4 Wainfria 4 WHEREAS,home fires killed more than 2,500 people to the United States in 2009,according to the latest research from the ► i • nonprofit National Fire Protection Association(NFPA),andfire departments-in the United States responded to more than 360,000 home • — 4 fires;and ► .0111110.0 WillialIa 4 WHEREAS,cooking equipment is the leading Cause of home structure fires and associated injuries,and the third leading cause ► S of home fire deaths;and ► 4 . WHEREAS,heating and electrical equipment and smoking materials are among the leading.causes of all reported home fires; and ► '4,111111. ♦ WHEREAS,home candle fires are reported to a US fire department every 30 minutes,on average;and am. • WHEREAS the:risk of dying in a home structure fire caused by smoking materials rises with age;and ,�11111.44 WHEREAS;workingsmoke alarm cut the risk of ♦ ��dying in home fires in half and . WHEREAS,automatic fire sprinkler systems cut the risk of dying in.a home fire by about 80%;and` ► ♦ ► WHEREAS,Grand Terraces first responders are dedicated to reducing the occurrence of home fires and home fire injuries ► • through prevention and protection education;and ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Ite Blue9launlain oh GrandCALI TerraceFORNIA AGENDA REPORT MEETING DATE: September 27, 2011 Council Item (X) CRA Item ( ) TITLE: Check Register No. 09-27-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for September 27, 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 $99,995.88 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. Payroll costs for the period amounted to $65,622.42 and are summarized below. Some of the non-routine items include: 67206 Barr Door Inc Additional repairs to front door at Child Care $250.55 Center 67209 City Clerk's FY 2011-12 Annual Membership for City Clerk $120.00 Assoc. of CA 67213 Costco FY 2011-12 Membership Renewal $200.00 COUNCIL AGENDA ITEM NO.31q 6 111. ♦ WHEREAS,home candle fires are reported to a US fire department every 30 minutes,on average;and am. • WHEREAS the:risk of dying in a home structure fire caused by smoking materials rises with age;and ,�11111.44 WHEREAS;workingsmoke alarm cut the risk of ♦ ��dying in home fires in half and . WHEREAS,automatic fire sprinkler systems cut the risk of dying in.a home fire by about 80%;and` ► ♦ ► WHEREAS,Grand Terraces first responders are dedicated to reducing the occurrence of home fires and home fire injuries ► • through prevention and protection education;and ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 67224 Inter. Institute of Annual Membership Fees for Tracey Martinez $135.00 Municipal Clerks. 67229 Nichols SB90 Filing Cost Reimbursement Payment#2 $1,200.00 Consulting Some the larger items include: 67220 Harper& August Legal Services $12,705.00 Burns Payroll costs processed for period ending September 2, 2011: Date Period Payroll and payroll costs 9/2/2011 Biweekly $65,622.42 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 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 Services $12,705.00 Burns Payroll costs processed for period ending September 2, 2011: Date Period Payroll and payroll costs 9/2/2011 Biweekly $65,622.42 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 vchlist Voucher List Page: 1 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67186 9/7/2011 010996 CA PUB EMPLOYEES' RET. SYSTEM H20110914930C SEPT EMPLOYEE/DEPENDENT HEALTH INSURAI' 10-022-55-00 1,539.29 10-022-61-00 4,993.52 10-120-142-000-000 363.45 10-140-142-000-000 962.07 10-172-142-000-000 406.19 10-175-142-000-000 577.24 10-190-265-000-000 52.69 10-370-142-000-000 641.36 10-380-142-000-000 320.68 10-440-142-000-000 2,256.70 10-450-142-000-000 171.02 10-625-142-000-000 194.55 16-175-142-000-000 513.10 21-175-142-000-000 299.32 32-200-142-000-000 555.84 21-625-142-000-000 83.36 32-370-142-000-000 256.55 34-400-142-000-000 299.33 Total : 14,486.26 67187 9/7/2011 001699 CALIF. STATE CONTROLLER 09072011 FY 10-11 Audit Confirmation Fees 10-140-250-000-000 100.00 Total : 100.00 67188 9/8/2011 011196 FIDELITY SECURITY LIFE 4216901 SEPTEMBER EMPLOYEE PAID VISION INSURANC 10-022-61-00 134.40 Total : 134.40 67189 9/12/2011 011092 METLIFE SBC KM05736710 00 SEPT. EMPLOYEE/DEPENDENT DENTAL INS 10-022-61-00 1,142.56 10-125-142-000-000 406.68 Total : 1,549.24 67190 9/12/2011 011194 AMERICAN FIDELITY ASSURANCE CO 96162 Septembc EMP PAID ACCIDENT/SUPP LIFE/SUPP STD INS 23-250-20-00 503.56 Page: 1 fire injuries ► • through prevention and protection education;and ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 J vchlist -- Voucher List Page: 2 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67190 9/12/2011 011194 AMERICAN FIDELITY ASSURANCE CO (Continued) Total : 503.56 67191 9/12/2011 011195 AMERICAN FIDELITY ASSURANCE CO 684188A Sept EMP PAID FLEX SPENDING/DEPENDENT CARE 23-250-10-00 1,662.00 Total : 1,662.00 67193 9/13/2011 011206 AUL 3121 TRUST PRend 8-5-11 APPLE CONTRIBUTIONS FOR PREND 8-5-11 10-022-68-00 218.33 Total : 218.33 67194 9/13/2011 011206 AUL 3121 TRUST PRend 8-19-11 APPLE Contributions for PRend 8-19-11 10-022-68-00 283.55 Total : 283.55 67195 9/13/2011 011206 AUL 3121 TRUST PRend 9-2-11 APPLE Contributions for PRend 9-2-11 10-022-68-00 331.18 Total : 331.18 67196 9/13/2011 006720 SO.CA.EDISON COMPANY August 2011 August Energy Usage 10-805-238-000-000 1,488.11 26-600-238-000-000 49.80 26-602-238-000-000 58.10 16-510-238-000-000 5,789.48 10-190-238-000-000 270.23 10-450-238-000-000 539.74 10-172-238-000-000 141.06 10-175-238-000-000 141.07 26-601-238-000-000 - 41.50 Total : 8,519.09 67197 9/13/2011 006720 SO.CA.EDISON COMPANY August 2011 August Energy Usage 10-190-238-000-000 4,362.48 10-440-238-000-000 1,880.11 10-450-238-000-000 673.46 16-510-238-000-000 245.19 Total : 7,161.24 67198 9/15/2011 001907 COSTCO#478 0478 09 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 vchlist Voucher List Page: 3 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67198 9/15/2011 001907 COSTCO#478 (Continued) 10-440-220-000-000 202.42 Total : 202.42 67199 9/15/2011 006730 SO.CA.GAS COMPANY August 2011 August CNG Fuel/Natural Gas Usage 10-190-238-000-000 17.55 10-440-238-000-000 48.42 10-175-272-000-000 7.80 10-440-272-000-000 2.60 34-800-272-000-000 2.60 Total : 78.97 67200 9/19/2011 011138 SPARKLETTS 9637116 090111 August Bottled Water 10-190-238-000-000 54.29 10-450-238-000-000 6.88 10-805-238-000-000 11.37 10-440-238-000-000 66.78 Total : 139.32 67201 9/20/2011 011110 TIME WARNER CABLE Sep 844840...72 Sep/Oct Cable & Internet-Sr Cntr 10-805-238-000-000 121.28 Total : 121.28 67202 9/20/2011 010218 CHEVRON &TEXACO CARD SERVICES 31345845 August Vehicle Fuel 10-175-272-000-000 263.70 10-440-272-000-000 67.61 34-800-272-000-000 49.42 Total : 380.73 67203 9/20/2011 010664 SHELL FLEET MANAGEMENT 8000209687109 August Vehicle Fuel 10-175-272-000-000 771.18 Total : 771.18 67204 9/27/2011 001072 ADT SECURITY SERVICES 55282700 2nd Qtr C.Care Monitoring 10-440-247-000-000 375.00 Total : 375.00 67205 9/27/2011 010293 AVAYA, INC. 2731325100 Sep/Oct Phone&Voice Mail Maint Page: 3 7 COSTCO#478 0478 09 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 vchlistVoucher List Page: 4 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67205 9/27/2011 010293 AVAYA, INC. (Continued) 10-190-246-000-000 183.46 Total : 183.46 67206 9/27/2011 001383 BARR DOOR INC. 15109 Add't Repairs-C. Care Front Door 10-440-245-000-000 250.55 Total : 250.55 67207 9/27/2011 001705 CA. STATE DEPT. OF JUSTICE 866371 August Fingerprints-Verhelle 10-190-226-000-000 32.00 Total : 32.00 67208 9/27/2011 011031 CINTAS CORPORATION#150 150433110 C.Care Paper&Cleaning Supplies 10-440-228-000-000 200.55 150442026 C.Care Paper& Cleaning Supplies 10-440-228-000-000 200.55 150451008 C.Care Paper&Cleaning Supplies 10-440-228-000-000 200.55 Total : 601.65 67209 9/27/2011 001762 CITY CLERKS ASSOC/CALIFORNIA 09152011 FY11-12 Annual Membership-T. Martinez 10-125-265-000-000 120.00 Total : 120.00 67210 9/27/2011 001840 CITY OF COLTON June 2011 June Wastewater Balance Due 21-570-802-000-000 1,732.35 Total : 1,732.35 67211 9/27/2011 010866 CIVIC PLUS 91694 SEPT WEBSITE MAINTENANCE FEE 10-125-250-000-000 652.25 Total : 652.25 67212 9/27/2011 011166 CORNERSTONE RECORDS MANAGEMEI 0167507 August Archive Tape Storage 10-140-250-000-000 56.65 10-380-250-000-000 56.65 Total : 113.30 67213 9/27/2011 001907 COSTCO MEMBERSHIP Nov 2011 2011-12 Membership Renewal Page: 4 8 0478 09 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 vchlist Voucher List Page: 5 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67213 9/27/2011 001907 COSTCO MEMBERSHIP (Continued) 10-440-228-000-000 100.00 10-190-265-000-000 100.00 Total : 200.00 67214 9/27/2011 001930 DAILY JOURNAL CORPORATION B2163903 Public Notice Ordinance 256 10-125-230-000-000 68.20 B2163907 Public Notice-Ordinance 257 10-125-230-000-000 72.60 B2163909 Public Notice Ordinance 25.8 10-125-230-000-000 74.80 B2163911 Public Notice Ordinance 259 10-125-230-000-000 66.00 Total : 281.60 67215 9/27/2011 002301 FEDEX 7-623-11361 August Document Delivery 10-370-210-000-000 31.17 Total : 31.17 67216 9/27/2011 002710 FOX OCCUPATIONAL MEDICAL CT. 68679-33719 Aug New Employee Physicals 10-190-224-000-000 244.00 Total : 244.00 67217 9/27/2011 002740 FRUIT GROWERS SUPPLY 90846011 Maint Supplies-Gloves 10-450-245-000-000 23.60 90846942 Maint Supplies-Weed Eater Filters 10-450-246-000-000 28.04 Total : 51.64 67218 9/27/2011 002909 GRAND TERRACE WOMAN'S CLUB, TH FY 2011-12 FY 2011-12 Annual Yearbook Ad 10-190-220-000-000 45.00 Total : 45.00 67219 9/27/2011 010164 GREAT-WEST PR End 9/2/11 Contributions for PR End 9/2/11 10-022-63-00 4,041.61 Total : 4,041.61 Page: 5 w Nov 2011 2011-12 Membership Renewal Page: 4 8 0478 09 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 r I vchlist Voucher List Page: 6 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67220 9/27/2011 003152 HARPER & BURNS LLPN August 2011 August Legal Services 32-200-251-000-000 6,352.50 10-160-250-000-000 6,352.50 Total : 12,705.00 67221 9/27/2011 010632 HIGH TECH SECURITY SYSTEMS 97488 Oct Security Camera Maint Agreement 10-450-246-000-000 60.00 10-195-247-000-000 20.00 Total : 80.00 67222 9/27/2011 003213 HONEYWELL ACS SERVICE 3549753 2nd Qtr HVAC Maint Agreement 10-195-257-000-000 5,743.00 Total : 5,743.00 67223 9/27/2011 003224 HYDRO-SCAPE PRODUCTS INC. 06782239-00 Maintenance Supplies-Parks 10-450-245-000-000 46.27 Total : 46.27 67224 9/27/2011 003540 INTERNATIONAL INSTITUTE 09152011 Annual Membership Fee-T. Martinez 10-125-265-000-000 135.00 Total : 135.00 67225 9/27/2011 002727 J.R. FREEMAN COMPANY 470008-0 Office Supplies-Calendars 10-120-210-000-000 47.28 Total : 47.28 67226 9/27/2011 010773 KELLAR SWEEPING INC. 6196 August Street Sweeping Services 16-900-254-000-000 4,200.00 Total : 4,200.00 67227 9/27/2011 011158 L-1 ENROLLMENT SERVICES Aug 360910764 Aug Fingerprints-S. Leen 10-440-221-000-000 92.00 Total : 92.00 67228 9/27/2011 004670 MIRACLE MILE CAR WASH 779559 May/June Car Maint-C.Care 10-440-272-000-000 6.00 Total : 6.00 Page: 6 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 vchlist Voucher List Page: 7 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67229 9/27/2011 011205 NICHOLS CONSULTING 2012-9836337-0 SB90 Cost Reim Filing Payment#2 10-190-220-000-000 1,200.00 Total : 1,200.00 67230 9/27/2011 005586 PETTY CASH 09152011 Replenish C.Care Petty Cash 10-440-220-000-000 9.06 10-440-228-000-000 38.87 10-440-221-000-000 134.86 Total : 182.79 67231 - 9/27/2011 006285 RIVERSIDE HIGHLAND WATER CO 2293 June/July Sewer Billing 21-572-255-000-000 2,480.95 Total : 2,480.95 67232 9/27/2011 006310 ROADRUNNER SELF STORAGE INC. 13426 FY 2011-12 STORAGE RENTAL 10-140-241-000-000 119.00 Total : 119.00 67233 9/27/2011 006341 ROSENOW SPEVACEK GROUP INC. 0027111 August Consulting Services 33-140-250-000-000 5,077.59 Total : 5,077.59 67234 9/27/2011 007005 SO CAL LOCKSMITH 16802 Keys for Cleaning Crew 10-195-245-000-000 7.27 Total : 7.27 67235 9/27/2011 006720 SO.CA.EDISON COMPANY August 2011 August Energy Usage 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 10-440-238-000-000 1,880.11 10-172-238-000-000 141.06 10-175-238-000-000 141.07 10-805-238-000-000 1,488.11 10-190-238-000-000 4,632.71 10-450-238-000-000 1,213.20 16-510-238-000-000 6,034.67 Page: 7 v 6.00 Page: 6 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 vchlist Voucher List Page: 8 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67235 9/27/2011 006720 SO.CA.EDISON COMPANY (Continued) Total : 15,680.33 67236 9/27/2011 006778 STAPLES 1866311001 Copy Paper 10-190-212-000-000 588.10 1866311011 $25 Off Coupon-Copy Paper 10-190-212-000-000 -26.94 51111 Printer-C.Care 10-440-700-000-000 172.77 Total : 733.93 67237 9/27/2011 006898 SYSCO FOOD SERVICES OF L.A. 108313031 8 C. Care Food &Supplies 10-440-220-000-000 542.29 109071160 5 C.Care Food &Supplies 10-440-220-000-000 507.49 109141467 0 C.Care Food &Supplies 10-440-220-000-000 616.42 Total : 1,666.20 67238 9/27/2011 007034 TRANSPORTATION ENGINEERING 1148 July Traffic Engineering Services 10-175-255-000-000 3,393.00 Total : 3,393.00 67239 9/27/2011 007220 UNDERGROUND SERVICE ALERT 820110293 August Dig Alert Tickets 16-900-220-000-000 60.00 Total : 60.00 67240 9/27/2011 010693 UNITED WAY PR End 8/5 &8/ PR End 8/5 & 8/19/11 Donations 10-022-65-00 95.00 PR End 9/2/11 PR End 9/2/11 Donations 10-022-65-00 32.50 Total : 127.50 67241 9/27/2011 007579 VARELA, CATALINA 09152011 Reimburse-C.Care Playground Lights 10-440-228-000-000 77.58 Total : 77.58 67242 9/27/2011 007880 WEST GROUP 823371642 July/Aug CA Code Updates Page: 8 rn 6.00 Page: 6 0053 9z C. CARE SUPPLIES Page: 2 0 ► � 4 ►.LEI. ♦ WHEREAS,Grand Terrace's residents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 vchlist Voucher List Page: 9 09/20/2011 4:04:24PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67242 9/27/2011 007880 WEST GROUP (Continued) 10-125-250-000-000 536.86 Total : 536.86 56 Vouchers for bank code: bofa Bank total : 99,995.88 56 Vouchers in this report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 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 ents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 13, 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 September 13, 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 Tracey Martinez, Interim City Clerk • Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriffs Department Lt. Steve Dorsey, San Bernardino County Sheriffs Department ABSENT: Rick McClintock, San Bernardino County Fire Department The City Council meeting was opened at 6:00 p.m. with an Invocation by Tim Davies from Calvary the Brook Church, followed by the Pledge of Allegiance led by Councilman Gene Hays. ITEMS TO DELETE None SPECIAL PRESENTATIONS A. Certificate of Appreciation - Pete Parsons Mayor Stanckiewitz presented Pete Parsons with a Certificate of Appreciation on behalf of the City Council and himself. Mr. Parsons thanked the City Council and all of the Volunteers that provide service to the City on a daily basis. CONSENT CALENDAR COUNCIL AGENDA ITEM NO.3C 20 IN 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 ents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Council Minutes 09/13/2011 Page 2 CC-2011-79 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0, to approve the following Consent Calendar Items with the removal of items 3A, 3F, 3G and 31: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 08-23-2011 Minutes 3D. Approve 2010 HSGP Reimbursement and Resolution to • 7—` Donate Equipment to San Bernardino County Sheriffs Department 3E. Resolution Establishing a Policy which Delegates Tort Liability Claims handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Section 910, Et Seq. 3J. Seventeenth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino 3K. Resolution Amending the Designated Location for Posting Public Documents Required to be Published or Posted 3L. Agreement for My CALPERS Reporting Software License 3M. Five Year Measure I, Capital Improvement Plan 3N. Facilities Cleaning Services - Jan-Pro 30. Historical and cultural Activities Committee Minutes of June 6, 2011 ITEMS REMOVED FROM THE AGENDA 3A. Approve Check Register No. 09-13-2011 CC-2011-80 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve Check Register No 09-13-2011. 3F. Treasurer's Report - March 31, 2011 3G. Treasurer's Report - June 30, 2011 CC-2011-81 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIAM CARRIED 5-0, to approve Treasurer's Report Dated March 31, 2011 and the Treasurer's Report Dated June 30, 2011. 31. Soliciting License Application - Shawn Price CC-2011-82 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to authorize the Interim City Clerk to issue a • 21 808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT ents are responsive to public education measures and are able to take personal steps to ► c increase their safety from f ire,especially in their homes;and WHEREAS,residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more ♦ — likely to survive a fire;and - . - ►, WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week'Protect your Family from Fire!"effectively serves to remind us all of the simple actions we can take to keep our homes and familiessafefromfre during Fire Prevention Week and year- ►,— round ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Council Minutes 09/13/2011 Page 3 • Soliciting License to Shawn Price to solicit financial services of Edward Jones in the City of Grand Terrace one to two days each week between Monday and Saturday during the hours of 10:00 a.m. and 5:00 p.m. only which will expire September 13, 2012. • PUBLIC COMMENT Bobbie Forbes, reported that Crime appears to be on a rise in the City. She feels = that residents need to pay attention and report any suspicious activity. She also reported that she found two dogs at Richard Rollins park and that they were taken to the City of San Bernardino Dog Pound. She requested that the restroom keys. be kept in the lobby. She encouraged residents to get their pets chipped. COUNCIL REPORTS • Councilmember Bernardo Sandoval, expressed his disappointment'with an article that was in-the Sentinel Newspaper. He feels that the comments that were made ' by the former City Manager were very inappropriate. He is very excited about the new Stater Bros. Market in town and is appreciative of all of the support that it is receiving from local residents and those from surrounding cities. He is looking forward to future developments that may come as we try to overcome the financial situation that we are in. He reported that the new High School has made amazing progress and feels that it is a beacon of hope for the community. He requested that the meeting be adjourned in honor of those who passed away on September 11th Councilmember Gene Hays, reported that the University of Redlands football is off to a great start. He saw several Grand Terrace residents in attendance at the last game. Councilmember Darcy McNaboe, reported that she attended the Advisory Commission on Water Policy at the San Bernardino Valley Municipal Water District. They are dealing with a couple of issues that will affect Grand Terrace. First is, the Fish and Wildlife's decision to uphold an increase in the habitat for the Santa Ana • Sucker. This decision places water conservation projects in the area at risk. The local conservation projects allow water to be captured and perculate down into the soil providing water for the agencies in the area. This decision doesn't allow that water to be captured, it has to be free flowing into the Santa Ana River in order to move gravel down stream to the habitat of the Santa Ana Sucker so that they can thrive and live. Many agencies are currently fighting their decision. Second is, they are looking at how the water is distributed to agencies based on court decisions that were made years ago,which could affect how much water Grand Terrace is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Council Minutes 09/13/2011 Page 4 together in the event of an emergency. Mayor Pro Tern Lee Ann Garcia, is excited about the things that are going on in town. She reported that Supervisor Neil Derry will be speaking at the Chamber of Commerce Luncheon on Tuesday,September 20,2011. She also reported that the Grand Terrace Area Chamber of Commerce in partnership with the City will be holding a work shop "Growing Your Business with Innovative Marketing." The workshop is free and will be held on Thursday, September 22. She thanked Joyce Powers and Sally McGuire for their efforts with the workshop. She requested that - the Sheriffs Department look into offering a workshop for family awareness. She reported that the Great Shake Out is coming in October. She announced that the Annual Country Fair will be held on the first Saturday in November, applications are available at City Hall. She indicated that the Colton Joint Unified School District will be holding a boundary meeting on September 20th at 6:00 p.m. at Terrace Hills Middle School. She requested that staff set up a joint meeting between the Colton Joint Unified School Board and the City Council. She would like the agenda to include security of the new high school campus, boundaries and the crossing guard issue. Mayor Walt Stanckiewitz, reported that the Grand Terrace Child Care center will be • holding their annual open house/family night on Thursday September 15'. He announced that the habitat restore in Loma Linda will be holding a free electronic recycling event on October 1, 2011 in celebration of World Habitat Day. They are located at 25948 Business Center Drive in Loma Linda. PUBLIC HEARINGS - None UNFINISHED BUSINESS 7A. Crossing Guard Update City Manager Betsy Adams, provided the Council with information regarding the crossing guard issue and requested direction from the Council on how to proceed. It was the consensus of the Council to direct staff to send a letter to the PTA Presidents of Terrace View Elementary School and Grand Terrace Elementary . School stating that the City Council has indicated that they are willing to work with a Volunteer Group for the purpose of Crossing Guard Services. The letter should outline what is required of the group and that a Volunteer Coordinator would be required. If there is a group that is willing to come forward they should contact City • Staff to proceed to the next step. The Volunteer Coordinator and the Group may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 • Council Minutes 09/13/2011 Page 5 It was also the consensus of the Council that crossing guard services for all of the locations in Grand Terrace will no longer be provided after September 23, 2011. Parents will be notified of this change and will be encouraged to contact the appropriate group if they would like to participate in the Volunteer Program. NEW BUSINESS • 8A. Settlement and Release Agreement with San Bernardino Valley Municipal Water District CC-2011-83 MOTION BY COUNCILMEMBER MCNABOE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the Settlement and Release Agreement with San Bernardino Valley Municipal Water District and authorize the City Manager to execute the agreement for the City only. 8B. Co-sponsorship of Community Events Provided by the Grand Terrace Community Foundation's Community Events Committee in Fiscal Year 2011- 12 Sally McGuire, indicated that this is the same group that has been working with the City over the years. They are aware of what the City's expectations are and are capable of doing the event. , Councilmember MCNaboe indicated that she is currently the President of the Foundation of Grand Terrace and although that is not a paid position and she has no financial interest in this she will be abstaining from this vote. CC-2011-84 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 4-0-0-1 (COUNCILMEMBER MCNABOE ABSTAINED), to direct Staff to prepare a limited-term co-sponsorship agreement, for City Council approval, with the Grand Terrace Community Foundation and authorize the use of $2,000 from the City's Community Events trust account by the Grand Terrace Community:. Foundation's Community Events Committee for the Halloween Harvest while the , agreement is being prepared. CLOSED SESSION 9A. Conference with Real Property Negotiators (Government Code Section 54956.8) Property—APNs 1178-131-01, 1178-131-03, & 1178-131-04 City Negotiator— Joyce Powers Buyer Negotiator— Denis Kidd, Friends of Blue Mountain 24 hat is required of the group and that a Volunteer Coordinator would be required. If there is a group that is willing to come forward they should contact City • Staff to proceed to the next step. The Volunteer Coordinator and the Group may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Council Minutes 09/13/2011 Page 6 Under Negotiation - Terms 9B. Conference with Legal Counsel - Potential Litigation Pursuant to GC 54956.9(b) - One Case 9C. Public Employment - City Attorney - Pursuant to GC54957 Public Employment - City Attorney - Pursuant to GC54957 Mayor Stanckiewitz announced that the Council met in Closed Session to discuss Potential Litigation Pursuant to GC 54956.9(b) - One Case and read the following Statement: The City is being audited by the IRS. We are fully complying with the IRS requests. We anticipate receiving the results of this audit in February, 2012. The Council also held a conference with Real Property Negotiators (Government Code Section 54956.8) on the following pieces of property: APNS 1178-131-01,. 1178-131-03, and 1178-131-04 and had discussion with regards to Public Employment - City Attorney, pursuant to GC54957 and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 9:35 p.m. in memory of those who lost their lives on September 11, 2001, until the next City Council Meeting which is scheduled to be held on Tuesday, September 27, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace 25 on and she has no financial interest in this she will be abstaining from this vote. CC-2011-84 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 4-0-0-1 (COUNCILMEMBER MCNABOE ABSTAINED), to direct Staff to prepare a limited-term co-sponsorship agreement, for City Council approval, with the Grand Terrace Community Foundation and authorize the use of $2,000 from the City's Community Events trust account by the Grand Terrace Community:. Foundation's Community Events Committee for the Halloween Harvest while the , agreement is being prepared. CLOSED SESSION 9A. Conference with Real Property Negotiators (Government Code Section 54956.8) Property—APNs 1178-131-01, 1178-131-03, & 1178-131-04 City Negotiator— Joyce Powers Buyer Negotiator— Denis Kidd, Friends of Blue Mountain 24 hat is required of the group and that a Volunteer Coordinator would be required. If there is a group that is willing to come forward they should contact City • Staff to proceed to the next step. The Volunteer Coordinator and the Group may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 • The lam%Innlain l'ih GrandCA6IFORNIA Terrace AGENDA REPORT MEETING DATE: September 27, 2011 Council Item (X) CRA Item ( ) TITLE: Five Year Measure I, Capital Project Needs Analysis PRESENTED BY: Richard Shields, Director of Building and Safety/Public r � Works RECOMMENDATION: 1. Approve a Five Year Measure I, Capital Project Needs Analysis for FY 2012-2013 through 2016-2117. 2. Approve the Development Mitigation Annual Report for FY 2010-11. 3. Adopt Resolution No. 2011- , setting forth a Five Year Capital Project Needs Analysis. BACKGROUND: San Bernardino County voters approved passage of Measure I, November of 2004 authorizing San Bernardino Associated Governments, (SANBAG) acting as the San Bernardino County Transportation Authority, to impose a one-half of one-percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino. The Measure I Strategic Plan requires local jurisdictions to annually adopt a Five-Year Capital Project Needs Analysis (CPNA), which documents project or program needs by fiscal year and includes the anticipated funding sources, funding amounts and project phasing where appropriate. The CPNA's also demonstrate the availability of development mitigation fair share funds for projects included in the Needs Analysis. CPNA's for Valley jurisdictions include projects for the Valley Freeway Interchange and Major Street Programs. The CPNA must be adopted by action of each City Council/Board of Supervisors and forwarded to SANBAG by September 30, 2011. SANBAG staff will use these submittals, along with similar information from SANBAG departments, in a cash-flow analysis to be conducted in fall 2011. A recommendation for apportionment to programs and allocation to projects will be considered by SANBAG policy committees and the Board in early 2012. COUNCIL AGENDA ITEM NO. 3D 27 Buyer Negotiator— Denis Kidd, Friends of Blue Mountain 24 hat is required of the group and that a Volunteer Coordinator would be required. If there is a group that is willing to come forward they should contact City • Staff to proceed to the next step. The Volunteer Coordinator and the Group may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 The Development Mitigation Annual Report is one of the ongoing requirements of the San Bernardino County Development Mitigation Program and the Congestion Management Program. The report requires each jurisdiction to provide information on development activity and the expenditure of development mitigation funds on projects contained in the Nexus Study over the past fiscal year. The report covers development activity and expenditures for the fiscal year ending June 30, 2011. DISCUSSION: Measure I, revenue can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 and Ordinance 89-1 of the Authority. The Strategic Plan and Expenditure Plan r—, require each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis. The CPNA as recommended identifies one project in the City where these funds would improve traffic management, subject to the projected availability of funds: Widening Michigan Avenue from Commerce Way to Main Street to (4) four lanes. The Master Agreement for this project was approved by the City Council in May 2010. FISCAL IMPACT: Under this five-year plan the City is committing to obligate $392,000.00 from its development impact fees (arterial improvements) account over the five-year period including FY 2012-13 thru FY 20016-17 in order to advance the design and construction of the Michigan Avenue major circulation improvement project. The City will receive $588,000.00 in Measure I subventions for this project. The City's commitment to obligate development impact fees is a requirement to receive the Measure I funds. The Measure I Five-Year Plan is updated annually. If development impact fee revenues are not generated at the anticipated pace, the City's plan can be scaled back accordingly. Should additional funding become available or City priorities change in the future, the City's Measure I Five-Year Plan can be revised with subsequent updates. Respectfully submitted, ..IAA i► Ri hard Shields, Director of Building and Safety/Public Works Manager Approval: /t >lid:t ,/2"}") . Betsy darns City Manager 28 p may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 ATTACHMENTS: Exhibit "A", Measure I Five Capital Projects Needs Analysis Exhibit "B", Development Mitigation Annual Report for FY 2010-11 Resolution No. 2011- 29 42 9/27/2011 007880 WEST GROUP (Continued) 10-125-250-000-000 536.86 Total : 536.86 56 Vouchers for bank code: bofa Bank total : 99,995.88 56 Vouchers in this report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 Capital Project Needs Analysis City of Grand Terrace Valley Arterial Sub-Program (2011 dollars, in $1'000s -SANBAG will apply escalation factors, by year) Project Information Phase Funding PRIOR* FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 Widen Michigan Ave from PA&ED Commerce Way to Main St Total Cost: $10.00 from two lanes to four lanes Fund Type: DEV FEE $3.99 MI MAJ ST $6.01 Other: Total Project Cost: PS&E $3,353 Total Cost: $80.00 Fund Type: DEV FEE $31.92 Total Measure I Request: MI MAJ ST $48.08 $117.60 Other: • ROW Total Cost: $46.20 Fund Type: DEV FEE $18.43 Comments: MI MAJ ST $27.77 Some preliminary right of way acquisition was completed last Other: year. Project design and CONST evironmental documentation Total Cost: $1,142.10 are expected to begin later this Fund Type: DEV FEE $64.99 $78.40 $78.40 $78.40 $78.40 $78.40 FY(2011-12). MI MAJ ST $97.11 $117.60 $117.60 $117.60 $117.60 $117.60 Other: *Prior includes any FY 2011-2012 allocation 2011 CPNA FY 11-12 to 16-17-CPNA Art Project 1 w 0 2010. FISCAL IMPACT: Under this five-year plan the City is committing to obligate $392,000.00 from its development impact fees (arterial improvements) account over the five-year period including FY 2012-13 thru FY 20016-17 in order to advance the design and construction of the Michigan Avenue major circulation improvement project. The City will receive $588,000.00 in Measure I subventions for this project. The City's commitment to obligate development impact fees is a requirement to receive the Measure I funds. The Measure I Five-Year Plan is updated annually. If development impact fee revenues are not generated at the anticipated pace, the City's plan can be scaled back accordingly. Should additional funding become available or City priorities change in the future, the City's Measure I Five-Year Plan can be revised with subsequent updates. Respectfully submitted, ..IAA i► Ri hard Shields, Director of Building and Safety/Public Works Manager Approval: /t >lid:t ,/2"}") . Betsy darns City Manager 28 p may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 ANNUAL REPORT FOR THE SANBAG DEVELOPMENT MITIGATION PROGRAM Fiscal Year 2010-2011 Name of Local Jurisdiction:Grand Terrace Person Completing the Report:Ed Studor Phone No.:(951)640-1060 E-mail Address:edjuliel@verizon.net Date Report Completed:9/8/2011 Quantity of Development Permitted and Fees Received Fee Dollars Devel.Type Quantity Fee Per Unit Received Single Family DUs 1 $ 4,242.58 $ 4,242.58 Multi-Family DUs 0 $ - Office(1000 sq.ft.) 0 $ - Retail(1000 sq.ft.) 44.28 $ 9,524.14 $421,728.92 High Cube Whse(1000 sq.ft.) 0 $ - Other industrial/Whse(1000 sq.ft.) 0 $ - Other (list type and quantity) $ - Other (list type and quantity) $ - Other (list type and quantity) $ - $Total Fee Dollars Received $425,971.50 Dollars from Other Development-Related Sources $ - Total Development Contributions Received $425,971.50 Percentage of Dollars Assigned to Regional Imprvmnts 100% Regional Projects on Which Fee Dollars Have Been Expended: Fiscal Year 2010-2011 Expenditures Cumulative Expenditures for Project Description of Project(Location and nature of project, Fund Source/ Engineering/ Engineering/ type of expenditure,and project limits) Type Environmental Right-of-Way Construction Environmental Right-of-Way Construction Project 1 Fee Widen Michigan Ave from Commerce Way to Main Reg.Meas.I Street from two lanes to four lanes Local Meas.I Federal State Other Local $1,000.00 $1,000.00 Project 2 Fee Reg.Meas.I Local Meas. Federal State Other Local Project 3 Fee Reg.Meas.I Local Meas. I Federal State Other Local Total $1,000.00 $1,000.00 w ies change in the future, the City's Measure I Five-Year Plan can be revised with subsequent updates. Respectfully submitted, ..IAA i► Ri hard Shields, Director of Building and Safety/Public Works Manager Approval: /t >lid:t ,/2"}") . Betsy darns City Manager 28 p may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING THE FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2012-13 THROUGH 2016-17 WHEREAS, San Bernardino County voters approved passage of Measure I, in November 2004 authorizing San Bernardino Associated Governments, acting as -- the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino, and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority, and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace, State of California, hereby adopts the Measure I, Five Year Capital Project Needs Analysis for FY 2012-13 through 2016-17, a copy of which is attached to this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 27th day of September, 2011. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of the City Council thereof. 32 four lanes Local Meas.I Federal State Other Local $1,000.00 $1,000.00 Project 2 Fee Reg.Meas.I Local Meas. Federal State Other Local Project 3 Fee Reg.Meas.I Local Meas. I Federal State Other Local Total $1,000.00 $1,000.00 w ies change in the future, the City's Measure I Five-Year Plan can be revised with subsequent updates. Respectfully submitted, ..IAA i► Ri hard Shields, Director of Building and Safety/Public Works Manager Approval: /t >lid:t ,/2"}") . Betsy darns City Manager 28 p may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Thu Blue Mountain Cite Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: September 27, 2011 Council Item ( X ) CRA Item ( ) TITLE: Reject Liability Claim GTLC-11-04 (Stevenson) PRESENTED BY: Tracey Martinez, Interim City Clerk RECOMMENDATION: Reject Liability Claim GTLC-11-04 (Stevenson) and Authorize staff to notify the claimant of the action taken BACKGROUND: The City of Grand Terrace has received a claim for damage from Rheanna Stevenson on behalf of her minor child Jyden Stevenson. The claimant is requesting medical reimbursement and loss of earnings due to an accident that her child was' involved in at the Grand Terrace Child Care Center. DISCUSSION: The City's Claims Administer, Carl Warren & Co., has reviewed the claim and is requesting that the City reject the Claim and send a standard rejection letter to the claimant. A copy of the claim and the recommendation from Carl Warren & Co. is attached for your review. RECOMMENDATION: Staff recommends that the Council reject Liability Claim GTLC-2011-04 (Stevenson) and authorize staff to notify the claimant of the action taken. FISCAL IMPACT: There is no fiscal impact to the City with this action. Respectfully submitted: ' rt,ait u � racey R. Martinez, Interim Ci . Clerk COUNCIL AGENDA ITEM NO3E 34 r, 2011. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of the City Council thereof. 32 four lanes Local Meas.I Federal State Other Local $1,000.00 $1,000.00 Project 2 Fee Reg.Meas.I Local Meas. Federal State Other Local Project 3 Fee Reg.Meas.I Local Meas. I Federal State Other Local Total $1,000.00 $1,000.00 w ies change in the future, the City's Measure I Five-Year Plan can be revised with subsequent updates. Respectfully submitted, ..IAA i► Ri hard Shields, Director of Building and Safety/Public Works Manager Approval: /t >lid:t ,/2"}") . Betsy darns City Manager 28 p may fall under the umbrella of the Community Foundation of Grand Terrace and a copy of the letter should be sent to them so that they are aware of the expectations. 23 race is allowed to take. She stated that there will more to come of that item. She reported that they have formed an emergency response network in the Inland Empire that will work 22 ►-i r - NOW,THEREFORE,the City Councilofthe City ofGrand Terrace doesherebyproclaim Octo her 9-15,2011 as Fire Prevention 0 Week throughout the City,and urge all the people of Grand Terrace to protect their homes and families by heeding the important safety O'' 111111111100. messages ofFire Prevention Week2011,and to support the many public safety activities and efforts of the Grand Terrace fire and emergency ► 7 "' 4 services. 1.0011 . -- '11-"'"• This 27"day of September,2011 e..,--.. Mayor Walt Stanckiewitz Mayor Pro Tern Lee Ann Garcia " Councilmember Darcy McNaboe Councilmember Gene Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Manager Approval: /6-- )-1(,..ag600.4 Bets . Adams, City Manager ATTACHMENTS: A. Claims for Damages— Stevenson B. Recommendation from Carl Warren & Co. f . l 35 10-125-250-000-000 536.86 Total : 536.86 56 Vouchers for bank code: bofa Bank total : 99,995.88 56 Vouchers in this report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 ATTACHMENT A Claims for Damages — Stevenson 36 ATTACHMENTS: A. Claims for Damages— Stevenson B. Recommendation from Carl Warren & Co. f . l 35 10-125-250-000-000 536.86 Total : 536.86 56 Vouchers for bank code: bofa Bank total : 99,995.88 56 Vouchers in this report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING CITY OF GRAND TERRACE TO PERSON OR PROPERTY STAMP / CITY CLERKS OFFICE CLAIM NO.GTLt✓—/I'O 22795 Barton Road Grand Terrace,CA 92313 INSTRUCTIONS R EC E I V ED 1. Claims for death,injury to person or to personal property must be filed not later than six months after the occurrence. (Government Code Section 911.2) 2. Claima for damages to real property must be flied not later than one year after the JUL 2 6 2011 occurrence. (Government Code Section 911.2) 3. Read entire Claim Form before filing. 4. This claim form must be signed on page 2 at the bottom. CITY OF GRAND TERRACE 5. See Page 2 for space provided to include a diagram of accident location. .Y CLERK'S DEPARTMENT 6. Attach separate sheets,if necessary,to give full details. SIGN EACH SHEET. TO: City of Grand Terrace Date of Birth of tinrnto twolotswe Name of Claimant (t oe,c t,^ Occupation( of Claimant Home Address of Claim - —.}—l� — • (,'� ' '•'•anti C►stp II..- 1--Tvionhone Numberi ft r City and /fState 1.,......,,,1.,......,,,1.,......,,, I phonc ei 1�� 9dotI (f V"ptw Number w . . Give address and telephone number to which you desire notices or communications to be Claimant's Social Security sent regarding this claim No When did D M(t G INJURY occur? Name of any city employees involved in INJURY or DAMAGE Date OU � �, rime "[O0/x 1'�` r 4I ',� f If claim is for Equitable Indemnity, O etylakh ifdrat� �v/l �q give date claimant served with the complaint: 1OukkcJ1ç1 /�(� ��,{�/ �'Date Cv ► 1 1 ,\PAM �.Y 4I`mot Where did DAMAGE or INJURY occur? Describe fully,and provide a diagram in the section provided on page 2. Where appropriate,give street names and addresses and measurements from landmarks: oCe (3. fl V) (� 1l AD , . Nh)%rakUla De tribe in detail how the DAMAGE or INJURY occurred. t�I� — 1 Al , 1 4 ' ot OA ONA.0( VUXIel Y1 CNu z Ado • .� C u id ko T GI 1 iabt<ckA,t un Mik-nr 13ark 0 4n� $9 WfVuN , 1'e �h n b MAY. K k+ y do you claim the ity is respo1Zsi ? -Vik___A)Mt The amount claimed,as of the date of presen lion of this claim,is computed as folio : Damages incurred to date(exact): Estimated prospective damages as far as knorbP P i Damage to property $ Future expenses for medical and hospital care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Was damages and/or Injury investigated by police? no If so,what city? Were paramedics or ambulance called? no If so,name city or ambulance �, If injured,state date,time,name and address of doctor of your first visit DU'WiW `''' ' UYVISIA WA.Pt WITNESSES to DAMAGE or INJURY:List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone Name Address Phone DOCTORS and HOSPITALS: c 1AMApiL VirLfUlv ViALPAA cal WA,uu tOstills10-- blI10(dil Hospital Address Date Hospitalized , �i Y1u.Xki -e t-e 1 YVID Doctor Address Date of Treatment Doctor Address Date of Treatment READ CAREFULLY For all accident claims provide In the following area a of City Vehicle when you first saw it, and by 'B' diagram of the names of streets,including North,East, location of yourself or your vehicle when you first saw South,and West;indicate place of accident by•X•and City vehicle;location of City vehicle at time of accident by showing house numbers or distances to street by•A-1"and location of yourself or your vehicle at the comers. If City Vehicle was Involved, designate by time of accident by•B-1"and the point of Impact by letter"A'location 'X.' Signature of Claiman,(or p s'on filing on his/her behalf Typed or Printed Name giving relationship to lam C hate �' 12Ke iu Date: 0'fi1 f N 001 1,N NOTE: CLAIMS MUST BE FILED WITH THE CITY CLERK(Government Code Section 915a). Presentation of a false claim is a felony(Penal Code Section 72.) 38 ► 1 1 ,\PAM �.Y 4I`mot Where did DAMAGE or INJURY occur? Describe fully,and provide a diagram in the section provided on page 2. Where appropriate,give street names and addresses and measurements from landmarks: oCe (3. fl V) (� 1l AD , . Nh)%rakUla De tribe in detail how the DAMAGE or INJURY occurred. t�I� — 1 Al , 1 4 ' ot OA ONA.0( VUXIel Y1 CNu z Ado • .� C u id ko T GI 1 iabt<ckA,t un Mik-nr 13ark 0 4n� $9 WfVuN , 1'e �h n b MAY. K k+ y do you claim the ity is respo1Zsi ? -Vik___A)Mt The amount claimed,as of the date of presen lion of this claim,is computed as folio : Damages incurred to date(exact): Estimated prospective damages as far as knorbP P i Damage to property $ Future expenses for medical and hospital care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Attachment B Recommendation from Carl Warren & Co. 39 MENTS: A. Claims for Damages— Stevenson B. Recommendation from Carl Warren & Co. f . l 35 10-125-250-000-000 536.86 Total : 536.86 56 Vouchers for bank code: bofa Bank total : 99,995.88 56 Vouchers in this report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 L-..w. September 15, 2011 RECEIVED SEP 2 0 2011 TO: The City of Grand Terrace CITY OF GRAND TERRACE C: Y CLERKS DEPARTMENT A FI ENTION: Brenda Mesa,City Clerk RE: Claim Stevenson vs. City of Grand Terrace Claimant Jyden Stevenson and Rheanna Stevenson D/Event 6-6-11 Rec'd Y/Office : 7-26-11 Our File : 1582189-RWQ We have reviewed the above captioned claims and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Enc.: Copy of my letter to claimant. Very y yours, &COMPANY Roy Whang cc: CJPIA Attn: Paul Zeglovitch, Liability Claims Manager CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 S.Placentia Ave.,Placentia, CA 92870 Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 Phone:(714)572-5200 •(800)572-6900•Fax:(714)961-8131 40 ehicle at time of accident by showing house numbers or distances to street by•A-1"and location of yourself or your vehicle at the comers. If City Vehicle was Involved, designate by time of accident by•B-1"and the point of Impact by letter"A'location 'X.' Signature of Claiman,(or p s'on filing on his/her behalf Typed or Printed Name giving relationship to lam C hate �' 12Ke iu Date: 0'fi1 f N 001 1,N NOTE: CLAIMS MUST BE FILED WITH THE CITY CLERK(Government Code Section 915a). Presentation of a false claim is a felony(Penal Code Section 72.) 38 ► 1 1 ,\PAM �.Y 4I`mot Where did DAMAGE or INJURY occur? Describe fully,and provide a diagram in the section provided on page 2. Where appropriate,give street names and addresses and measurements from landmarks: oCe (3. fl V) (� 1l AD , . Nh)%rakUla De tribe in detail how the DAMAGE or INJURY occurred. t�I� — 1 Al , 1 4 ' ot OA ONA.0( VUXIel Y1 CNu z Ado • .� C u id ko T GI 1 iabt<ckA,t un Mik-nr 13ark 0 4n� $9 WfVuN , 1'e �h n b MAY. K k+ y do you claim the ity is respo1Zsi ? -Vik___A)Mt The amount claimed,as of the date of presen lion of this claim,is computed as folio : Damages incurred to date(exact): Estimated prospective damages as far as knorbP P i Damage to property $ Future expenses for medical and hospital care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 4"—wr September I S 201 p 1 >:3 � Rheanna Stev,ea enn ORE: Principal City of Grand Terrace U D/Event: 6-6-11 Claimant Jyden Stevenson Our File 1582189 RWQ Dear Ms. Stevenson As you may recall from my phone call on 8-8-11, we are claims administrators for the City of Grand Terrace. My investigation of your son Jyden's claim has been completed and after a careful examination of the causation of his thumb injury at the community center, I must regretfully advise you that I could not find any liability by the City of Grand Terrace. As I believe I told you when we discussed your claim on 8-8-11, and forgive me if I didn't,the City is self-insured. This means that any claim such as Jyden's and yours requires a finding of negligence on the part of the City and/or its employees. Simply being injured at a City-owned and operated facility does not automatically confer liability on the City. ,- As I understood it, your reasoning for making the claim was that there was a violation of the State-mandated teacher-student ratio at the center that day. We respectfully disagree. Child Care Services Director Cathy Varela states that there were 3 staff members on duty at the time of Jyden's injury and a total of 35 children present. Since the State requires a ratio of one staffer to 14 children, we were clearly within the required ratio.In addition, we have your signed waiver,which releases the City from any claim for damages, except of course, in a case of negligence by either the City or the Colton Unified School District. Unfortunately, since no negligence by the City of Grand Terrace has been found, I am unable to recommend that any settlement be offered to Jyden or yourself for your claim(s). This letter does not affect the notice that will be sent to you by the City regarding the disposition of your claim. If you have any questions,please call me at(714) 572-5276. V •'Truly Yours, oy &CO. City of Grand Terrace/Attn: Brenda Mesa, City Clerk CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 S.Placentia Ave.Placentia,CA 92870 Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 Phone:(714) 572-5200•(800)572-6900•Fax:(7141961-R111 41 T GI 1 iabt<ckA,t un Mik-nr 13ark 0 4n� $9 WfVuN , 1'e �h n b MAY. K k+ y do you claim the ity is respo1Zsi ? -Vik___A)Mt The amount claimed,as of the date of presen lion of this claim,is computed as folio : Damages incurred to date(exact): Estimated prospective damages as far as knorbP P i Damage to property $ Future expenses for medical and hospital care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 'the ICIut Mnonlaio(ie x ate` Grand Terrace AG E N DA REPORT CALIFORNIA MEETING DATE: September 27, 2011 Council Item ( X ) CRA Item ( ) TITLE: County of San Bernardino Contract Providing Funding for Improvements and Programs at the Grand Terrace Child Care Center PRESENTED BY: Cathy Varela, Child Care Services Director RECOMMENDATION: Accept $35,000 from the County of San Bernardino for facility improvements and programs at the Grand Terrace Child Care Center and authorize the City Manager to sign the contract on behalf of the City. BACKGROUND: As part of the 2011-12 budget process, the Board of Supervisors set aside allocations for each supervisorial district to finance unbudgeted priority needs. In July, staff from Supervisor Neil Derry's office asked the City to identify projects in Grand Terrace which could be considered for Third District funding. City staff identified several projects and in August, Supervisor Derry's staff toured the Grand Terrace Child Care Center (Child Care Center) as part of the review of the requests submitted for this facility. On September 1, Supervisor Derry's staff notified the City that the Child Care Center had been selected to receive $35,000. DISCUSSION: The Child Care Center submitted a variety of facility and program needs for consideration for Third District funding. The $35,000 contract from the County will be used for the items listed below. Air Conditioning: One air conditioning unit will be replaced and ducting will be installed to a second air conditioning unit. Fencing: Fence on the north side of the playground will be replaced. Soft Turf: Upper layer of soft turf material on the playground area will be replaced. Shade Canopy: Shade canopy will be installed on the south side of the playground to allow the infants to play outdoors in the infant playground during warmer seasons. COUNCIL AGENDA ITEM NO.3F 43 770 S.Placentia Ave.Placentia,CA 92870 Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 Phone:(714) 572-5200•(800)572-6900•Fax:(7141961-R111 41 T GI 1 iabt<ckA,t un Mik-nr 13ark 0 4n� $9 WfVuN , 1'e �h n b MAY. K k+ y do you claim the ity is respo1Zsi ? -Vik___A)Mt The amount claimed,as of the date of presen lion of this claim,is computed as folio : Damages incurred to date(exact): Estimated prospective damages as far as knorbP P i Damage to property $ Future expenses for medical and hospital care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 Refrigerator and Freezer: Replace existing 20-year-old commercial refrigerator and freezer with more energy efficient appliances. The anticipated cost for these items is $34,200 and the work must be completed by June 30, 2012. The Child Care Center, aside from a temporary closure of the playground area, will remain in full operation while these facility improvements are made. In addition to the facility improvements, the contract from the County also provides funding for two Child Care Center programs which were eliminated several years ago due to General Fund budget reductions. Animal Week: A traveling petting zoo will be rented to provide the children with a hands-on experience with animals during Animal Week. Transportation Week: A train will be rented for the children to ride during Transportation Week. The anticipated cost for these items is $800. FISCAL IMPACT: The contract calls for the County to disburse funds in one lump sum, provided in advance, upon execution of the contract. The City would recognize the anticipated revenue from the County contract as additional General Fund budget revenue which would be classified as follows: 1. $34,200 in County Contribution-Capital 2. $800 in County Contribution-Child Care Operations Appropriation of the additional General Fund revenue would be made as follows: 1. $34,200 in the General Fund capital projects budget (for facilities improvements) 2. $800 in the Child Care Services revenue budget (for programs) Respectfully submitted: '-f#;"/ Cathy Varela, Child Care Services Director Manager Approval: Betsy . Adams, City Manager ATTACHMENTS: County of San Bernardino County Contract with City of Grand Terrace Child Care Service 44 nopy will be installed on the south side of the playground to allow the infants to play outdoors in the infant playground during warmer seasons. COUNCIL AGENDA ITEM NO.3F 43 770 S.Placentia Ave.Placentia,CA 92870 Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 Phone:(714) 572-5200•(800)572-6900•Fax:(7141961-R111 41 T GI 1 iabt<ckA,t un Mik-nr 13ark 0 4n� $9 WfVuN , 1'e �h n b MAY. K k+ y do you claim the ity is respo1Zsi ? -Vik___A)Mt The amount claimed,as of the date of presen lion of this claim,is computed as folio : Damages incurred to date(exact): Estimated prospective damages as far as knorbP P i Damage to property $ Future expenses for medical and hospital care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 • FOR COUNTY USE ONLY 1A"71 •New Vendor Code SC Dept. Contract Number OUNry Change Cancel County Department Dept. Orgn. Contractor's License No. Board of Supervisors BDF BDC County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Matthew Erickson 387-3937 $35,000.00 • F A S Contract Type ❑ Revenue ❑ Encumbered ® Unencumbered ❑ Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAA . CNA CNA r 300 3305 r $35,000.00 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount • Fund •Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year City of Grand Terrace Child FY Amount I/D FY Amount I/D Care Services 2011-12 $35,000.00 • • • •THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY, and Name City of Grand Terrace Child Care Services hereinafter called "CONTRACTOR" ---;address 22795 Barton Road Grand Terrace, Ca 92313 • Telephone Federal ID No.or Social Security No. • 909-430-2245 95-3316135 • IT IS HEREBY AGREED AS FOLLOWS: This Contract is made and entered into by and between the COUNTY and CONTRACTOR. WITNESSETH • WHEREAS, COUNTY recognizes the benefit in supporting the public purpose by assisting with the provision of a safe and positive learning experience for children of Grand Terrace within the COUNTY's Third District; and, WHEREAS, as part of the 2011-12 budget process, the Board of Supervisors set aside allocations for each supervisorial district to finance unbudgeted priority needs throughout the fiscal year; and, WHEREAS, CONTRACTOR provides quality low cost child care programs for residents of Grand Terrace as well as residents in surrounding communities; and, WHEREAS, CONTRACTOR is in need of financial assistance. for repairs to the facility and air conditioning; to purchase playground equipment, shade canopy, and a commercial refrigerator and freezer; and to support animal week and transportation week; and Auditor/Controller-Recorder Use Only Page 1 of 8 O Contract Database =_I]FAS Input Date, Keyed Byr 45 al care $N i ,��0�(r�,�N Expenses for medical and hospital care $� Future loss of earnings $� Zvi• '` `r`1,," , ,A--'Loss of earnings $10P0 Other prospective special damages $�J) - sCv"� - Speci I damages for $�CQ V Prospective general damages $Pin 4 �1_1l u. 1-0 .DI ko VW -4 t t u-�-vwb General damages $ Total estimate prospective damages $ 'J)N.. f y &vj1'�' , p_ Total damages incurred to date $ n�}, �v VY CJ c Di- iwikt r r NT'otal amount claimed as of date of presentation of this claim:$ f�✓'/�l { Y� -4 • See Page 2(over) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 37 Hays Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 WHEREAS, the COUNTY residents of Third District and the surrounding communities will be served by CONTRACTOR'S child care programs. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. PURPOSE OF CONTRACT This Contract is made for the purpose of providing funding to support CONTRACTOR with efforts to continue to provide quality low cost child care programs for residents of Grand Terrace as well as residents in surrounding communities 2. SCOPE OF SERVICES Funding arising out of this Contract will be used to assist CONTRACTOR with repairs to the facility including its air conditioning; to purchase playground equipment, shade canopy, and a commercial refrigerator and freezer; and to support animal week and transportation week. 3. TIME OF PERFORMANCE The services to be provided by CONTRACTOR shall commence upon approval of this contract and shall be completed by June 30, 2012. 4. COMPENSATION AND METHOD OF PAYMENT For performance of such services, COUNTY shall provide funding in an amount not to exceed thirty five thousand dollars ($35,000.00). This payment shall constitute full and complete compensation to CONTRACTOR under this Contract. Any costs in excess of the amount available in this section shall be the sole responsibility of CONTRACTOR. This condition however, does not preclude COUNTY from providing additional funding at its sole discretion. For the purpose of this Contract, COUNTY shall disburse compensation and monitor .a CONTRACTOR's performance in satisfying the scope of work obligations under the terms of this Contract. Disbursement of funds to CONTRACTOR shall be made in one lump sum. Payment may be provided in advance, upon execution of this Contract. CONTRACTOR shall submit a final expenditure report documented with "audit ready"supportive evidence of each expenditure and proof of payment until all funds have been justified. 5. COMPLIANCE WITH LAWS CONTRACTOR hereby agrees that it will comply with all applicable federal, state and local laws. CONTRACTOR agrees that acceptance of funds pursuant to this Contract may require the payment of prevailing wages for construction projects if such funds are used in connection with construction projects. CONTRACTOR agrees that it will determine whether the payment of prevailing wages is required and will require the payment of prevailing wages in any contract if necessary. CONTRACTOR, pursuant to Paragraph 19, Indemnification, agrees to indemnify, defend and hold harmless COUNTY in the event any claims, actions, losses, damages and/or liability arises out of the failure to pay prevailing wages in the event such wages are applicable. 6: PREVAILING WAGES By its execution of this Agreement, CONTRACTOR certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. As well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws. Auditor/Controller-Recorder Use Only Page 2 of 8 LI Contract Database .' O FAS t • Input Date }coed By 46 Councilmember Bernardo Sandoval Aix__ I, , i / , /- A ( j (46F1P. i ' , 1 4 CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the CONTRACTOR's principal place of business and at the project site. CONTRACTOR shall defend, indemnify and hold the COUNTY, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. 7. ON-SITE INSPECTION COUNTY, its officers, agent and employees, will have the privilege and right to on-site inspection of CONTRACTOR's facility for the duration of this Contract. CONTRACTOR will ensure that its employees or agents furnish any information that in the judgment of COUNTY may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program. 8. ACCOUNTING AND RECORDS CONTRACTOR must establish and maintain on a current basis an adequate accounting system in accordance with Generally Accepted Accounting Principles. CONTRACTOR agrees to maintain all records relating to this Contract for a period of three years after the termination or expiration of this Contract. County or any appointee thereof shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested. 9. VIOLATION OF CONTRACT In the event that CONTRACTOR violates any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CONTRACTOR has not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this Contract. County will provide a written Notice of Termination. It is agreed that in the event of a termination due to a violation of this Contract by CONTRACTOR, it shall pay to COUNTY within ten (10) days of receipt of a Notice of Termination, any and all unexpended funds. Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. If CONTRACTOR violates any terms and conditions regarding the proper expenditure of funds, CONTRACTOR will be required to reimburse COUNTY for any improper expenditures. 10. ASSIGNMENT This Contract is not assignable by CONTRACTOR, without the express written consent of COUNTY. Any attempt by CONTRACTOR to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 11. TERMINATION AND TERMINATION COSTS This Contract may be terminated in whole or in part at any time by either party upon giving (30) days notice in writing to the other party. The Chief Executive Officer is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors if required. COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in COUNTY funding for the Contract activity or if for any reason the timely completion of the services under this Contract is rendered improbable, infeasible or impossible. If CONTRACTOR fails to comply with any material term of this Contract, COUNTY may take one or more of the following actions: disallowing non-compliant costs, wholly or partly suspending or terminating the award, withholding further awards, and other remedies that are legally available. 12. REVERSION OF ASSETS Auditor/Controller-Recorder Use Only Page 3 of 8 O'Contract:Database FAS Input Date Keyed By7 47 Upon Contract termination, CONTRACTOR shall transfer to COUNTY all COUNTY Funds on hand at the time of expiration and any accounts receivable attributable to the use of COUNTY Funds. 13. TIME OF PERFORMANCE MODIFICATIONS The Chief Executive Officer may grant time of performance modifications to this Contract when such modifications: • a. In aggregate do not exceed twelve(12) calendar months; b. Are specifically requested by CONTRACTOR; c. Will not change the project goals or scope of services; d. Are in the best interests of COUNTY and CONTRACTOR in performing the scope of services under this Contract; and e. Do not alter the amount of compensation under this Contract. 14. INDEPENDENT CONTRACTOR All parties hereto in the performance of this Contract will be acting in independent capacities and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatsoever. 15. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract. 16. CONTRACT COMPLIANCE CONTRACTOR shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, and the California Fair Housing and Employment Act, and other applicable federal, state and COUNTY I. regulations and policies relating to equal employment and contracting opportunities, including laws and regular b hereafter enacted. 17. IMPROPER CONSIDERATION CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration,such as, but not limited to, cash, discounts, services or the provision of travel or entertainment, or any items of value to any officer, employee or agent of COUNTY in an attempt to secure favorable treatment regarding this Contract or any contract awarded by COUNTY. COUNTY, by notice, may immediately terminate this Contract or any COUNTY contract if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of COUNTY with respect to any proposal or award process involving this Contract or any other COUNTY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Contract or any COUNTY contract has been awarded. Attorneys shall immediately report any attempt by any COUNTY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, COUNTY is entitled to pursue any available legal remedies. 18. MISREPRESENTATION If during the course of the administration of this Contract, COUNTY determines that CONTRACTOR has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to COUNTY, this Contract may be immediately terminated. If this Contract is terminated according to this provision, COUNTY is entitled to pursue any available legal remedies. Auditor/Controller-Recorder Use Only Page 4 of 8 O Contract Database {''= "3 FAS", . Input,Dattk Keyed By t > ? 48 19. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault indemnitees. CONTRACTOR's indemnification obligation applies to COUNTY's "active" as well as "passive" negligence but does not apply to COUNTY's "sole negligence" or"willful misconduct" within the meaning of Civil Code Section 2782. 20. INSURANCE REQUIREMENTS CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, CONTRACTOR agrees to amend, supplement, or endorse the existingcoverage to do so. The q 9 PP 9 type(s) of insurance required is determined by the scope of the contract services. Without in any way affecting the indemnity herein provided and in addition thereto, CONTRACTOR shall self-insure to the levels identified herein or shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation/Employer's Liability - A program of Workers' Compensation insurance or a state- approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor • Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons including volunteers providing services on behalf of CONTRACTOR and all risks to such persons under this Contract. If CONTRACTOR has no employees, it may certify or warrant to COUNTY that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers'Compensation coverage will be waived by the COUNTY's Risk Manager. With respect to contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the COUNTY's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Commercial/General Liability Insurance— CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of CONTRACTOR providing coverage for both bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: a) Premises operations and mobile equipment b) Products and completed operations c) Broad form property damage(including completed operations) d) Explosion, collapse and underground hazards e) Personal injury f) Contractual liability g) $2,000,000 general aggregate limit Automobile Liability Insurance-Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. Auditor/Controller-Recorder Use Only Page 5 of 8 D,Contract Database _' Li FAS f Input Date Keyed Sy 49 48 If CONTRACTOR is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liability Insurance—An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain endorsements naming COUNTY and its officers, employ' agents and volunteers as additional insureds with respect to liabilities arising out of the performance services hereunder. The additional insured endorsements shall not limit the scope of coverage for COUNTY to vicarious liability but shall allow coverage for COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. Waiver of Subrogation Rights — CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit CONTRACTOR and its employees or agents from waiving the right of subrogation prior to a loss or claim. CONTRACTOR hereby waives all rights of subrogation against COUNTY. Policies Primary and Non-Contributory - All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY. Severability of Interests — CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions preclude coverage for suits between CONTRACTOR and COUNTY or between COUNTY and any insured or additional insured under the policy. Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A-VW. Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. Failure to Procure Coverage— In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, COUNTY has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by COUNTY will be promptly reimbursed by CONTRACTOR or COUNTY payments to CONTRACTOR will be reduced to pay for COUNTY purchased insurance. 21. PROOF OF COVERAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. 22. INSURANCE REVIEW Insurance requirements are subject to periodic review by COUNTY. The COUNTY's Risk Manager, or designee, is authorized, but not required, to reduce, waive, or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager, or designee, is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. CONTRACTOR agrees to execute any such amendment within thirty(30)days of receipt. Any failure, actual or alleged, on the part of COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on part of COUNTY. 23. ELECTRONIC FUNDS CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR's designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. 24. LEGAL FEES CONTRACTOR understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the COUNTY shall be the CONTRACTOR's sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. 25. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of the Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 County of San Bernardino City of Grand Terrace Child Care Services 385 North Arrowhead Ave. 22795 Barton Road San Bernardino, CA 92415 Grand Terrace, Ca 92313 Attn: Matthew Erickson Attn: Betsy Adams 29. COUNTERPART EXECUTION This Contract may be executed in counterparts. When executed, each counterpart shall be deemed an original irrespective of date of execution. Said counterparts shall together constitute one and the same Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year written below. COUNTY OF SAN BERNARDINO CONTRACTOR ► By ► Purchasing Agent (Authorized signature-sign in blue ink) Name Name (Print or type name) (Print or type name of person signing Contract) Date: Title (Print or Type) Date: APPROVED AS TO LEGAL FORM JEAN-RENE BASLE County Counsel By: MICHELLE D. BLAKEMORE Chief Assistant County Counsel Date: Auditor/Controller-Recorder Use Only ' Page 8 of 8 Contract°:Database , "O:FAS Input Date Keyed By t r 52 ute any such amendment within thirty(30)days of receipt. Any failure, actual or alleged, on the part of COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on part of COUNTY. 23. ELECTRONIC FUNDS CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR's designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. 24. LEGAL FEES CONTRACTOR understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the COUNTY shall be the CONTRACTOR's sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. 25. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of the Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 The Blue%unlaia Ci • Grand Terrace AGENDA REPORT CALIFORNIA REPORT 1 MEETING DATE: September 27, 2011 Council Item (X) RDA Item ( ) TITLE: Amendment to the Integrated Waste Management Service Agreement allowing Burrtec Waste Industries to collect residential sewer fees on the City's behalf. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: Adopt Resolution No. 2011- , setting forth amendments to the Integrated Waste Management Service Agreement by adding language to Section 10, Franchise Fee, and Section 19, Compensation, allowing Burrtec Waste Industries to bill and collect residential sewer fees on the City's behalf. BACKGROUND: On August 25, 2011 the City of Grand Terrace received written notice from Riverside Highland Water Company (RHWC) stating that their Board had taken action to terminate providing residential sewer billing service for the City as of September 1, 2011. In response to the notice, City staff contacted RHWC to protest the short notice for this change. RHWC agreed to continue to provide residential sewer billing service for one additional billing period, September and October. As of November 1, 2011 the City would need to have a new provider for residential sewer billings. City staff had previously had discussion with Burrtec Waste Industries (Burrtec) on billing services. Upon receiving the termination notice from RHWC, City staff immediately contacted Burrtec on providing residential sewer billing service. Discussions with Burrtec resulted in the proposed billing transition plan. DISCUSSION: Burrtec has proposed to combine residential billing for sewer fees and trash collection service fees in an effort to assist the City in light of the recent residential sewer billing COUNCIL AGENDA ITEM NO.SA 54 , each party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. 25. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of the Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 termination imposed by RHWC. Burrtec has offered to provide this combined billing service at no additional cost to the City, which will be a cost savings discussed in the Fiscal section of this staff report. In an effort to establish a mechanism that authorizes Burrtec to invoice for sewer fees and forward these fees to the City, an amendment to the Franchise Agreement between the City of Grand Terrace and Burrtec is required, Exhibit "A" of the proposed Resolution. 1. Section 10, (1) of the Integrated Waste Management Service Agreement would be amended in an effort to modify the franchise fee payment process to not include sewer fees (current sewer fees are not assessed a franchise fee). Franchise fees are currently paid on gross revenues which will now include sewer fees. Sewer fees will be deducted from gross receipts and franchise fees will be paid on Solid Waste Collection Service gross receipts only. Below is the current language with a line strike for deletions and proposed language italicized that read as follows: 0 Co for shall p Franchi Fee of 12 ,/ ross ream �e fn iden�ia `^.• r"^7 a•T �e-r-c�m--rc� �v-�rc�zf}{ac-rv�es�vc�-rcrc4 residential business'-s be 15 i,,f foss r venues begi I� ly 4 20T g -�9�nn+ng �� Section 10. (1) Beginning November 1, 2011 Contractor shall pay a Franchise Fee of 15% of gross receipts for all Commercial and Industrial Solid Waste collection business and Residential Solid Waste collection business minus any applicable Household Hazardous Waste Fees, Street Sweeping Fees, Pavement Impact Fees and Sewer Fees. 2. Section 19, G of the Integrated Waste Management Service Agreement would be amended to include per unit sewer fees as approved services billed by Contractor (Burrtec). Changes would also be made to amend the agreement to include the remittance of collected sewer fees to the City. Below is the current language with a line strike for deletions and proposed language italicized that read as follows: (G) Billing and Payment Contractor shall bill all Residential, Commercial and Industrial customers for all services approved by City, Contractor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 itemized bills in a form approved by City, distinctly showing charges for all classifications of service, including the charges for late payment. Billings shall be made monthly quarterly in advance, or as determined appropriate by the Contractor, for Commercial, Industrial and all bin service customers, and shall be made no less than bi-monthly quarterly in advance for all Residential customers. (1) Beginning November 1, 2011 Contractor shall be responsible for remitting to City all City sewer fees collected through Contractor billing services. Staff is recommending that the City Council adopt Resoultion No. 2011- , amending the existing Integrated Waste Management Service Agreement to allow for the billing and collection of sewer fees by Burrtec on the City's behalf. FISCAL IMPACT: Currently the City pays RHWC $2,500 bi-monthly to send out bills to all sewer customers, residential and commercial, and to collect and remit the sewer fees back to the City. RHWC will still send bills out to commercial sewer customers and collect the fees to be remitted back to the City. The cost for RHWC to do commercial sewer billing is approximately $375 bi-monthly, depending on actual customer usage, or $2,250 annually. With Burrtec providing residential sewer billing at not cost, there will be an annual savings for the Sewer Fund of$12,750. Respectfully submitted, Ric and Shields, Director of Building and Safety/Public Works Manager Approval: Bets . Adams City Manager ATTACHMENTS: Resolution No. 2011- Exhibit "A" 56 r Fees. 2. Section 19, G of the Integrated Waste Management Service Agreement would be amended to include per unit sewer fees as approved services billed by Contractor (Burrtec). Changes would also be made to amend the agreement to include the remittance of collected sewer fees to the City. Below is the current language with a line strike for deletions and proposed language italicized that read as follows: (G) Billing and Payment Contractor shall bill all Residential, Commercial and Industrial customers for all services approved by City, Contractor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF GRAND TERRACE CALIFORNIA AMENDING THE INTEGRATED.WASTE MANAGEMENT SERVICE AGREEMENT TO ALLOW FOR THE BILLING AND COLLECTION OF SEWER FEES BY BURRTEC WASTE INDUSTRIES ON BEHALF OF THE CITY. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace as follows: Section 1. That the existing Integrated Waste Management Service Agreement was adopted by the City Council on August 14, 2007 between the City and Burrtec Waste Industries. Section 2. That the City has agreed to allow Burrtec Waste Industries to bill and collect sewer fees with trash fees bi-monthly as amended in Exhibit "A" attached hereto and made part of this Resolution. Section 3. That beginning November 1, 2011 Burrtec shall be responsible for remitting to the City all City sewer fees collected through Burrtec's billing services. Section 4. That the proposed amendments to the Integrated Waste Management Service Agreement are approved effective on September 27, 2011. ADOPTED this 27th day of September 2011. Mayor of the City of Grand Terrace Attest: City Clerk of the City of Grand Terrace 57 usage, or $2,250 annually. With Burrtec providing residential sewer billing at not cost, there will be an annual savings for the Sewer Fund of$12,750. Respectfully submitted, Ric and Shields, Director of Building and Safety/Public Works Manager Approval: Bets . Adams City Manager ATTACHMENTS: Resolution No. 2011- Exhibit "A" 56 r Fees. 2. Section 19, G of the Integrated Waste Management Service Agreement would be amended to include per unit sewer fees as approved services billed by Contractor (Burrtec). Changes would also be made to amend the agreement to include the remittance of collected sewer fees to the City. Below is the current language with a line strike for deletions and proposed language italicized that read as follows: (G) Billing and Payment Contractor shall bill all Residential, Commercial and Industrial customers for all services approved by City, Contractor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 I, TRACEY MARTINEZ, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2011- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of September, 2011 by the following vote: AYES: NOS: ABSENT: ABSTAIN: Tracy Martinez, City Clerk Approved as to from: City Attorney 58 report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 EXHIBIT "A" THIRD AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND BURRTEC WASTE INDUSTRIES INC. FOR THE PROVISION OF INTEGRADTED WASTE MANAGEMENT SERVICES. This is the third amendment to the Franchise Agreement for Integrated Waste Management Services. The amendment is made and entered into this 27th day of September 2011 by and between the City of Grand Terrace and Burrtec Waste Industries Inc., setting forth amendments to Sections 10, Franchise Fee, and Section 19, Compensation, allowing Burrtec Waste Management to bill and collect sewer fees on the City 's behalf. Section 10, (1), FRANCHISE FEE The following shall be added to the existing FRANCHISE FEE language: Beginning November 1, 2011 contractor shall pay a Franchise Fee of 15% of gross receipts for all Commercial and Industrial Solid Waste collection business and Residential Solid Waste collection business minus any applicable Household Hazardous Waste fees, street sweeping fees, pavement impact fees and sewer fees. Section 19, G, COMPENSATION The following shall be added to the existing COMPENSATION language: Billing and Payment Contractor shall bill all Residential, Commercial and Industrial customers for all services approved by City, whether regular or special, including per unit charges for City sewer fees. Contractor shall provide itemized bills in a form approved by City, distinctly showing charges for all classifications of service, including the charges for late payment. Billings shall be made monthly in advance, or as determined appropriate by the Contractor, for Commercial Industrial and all bin service customers, and shall be made no less bimonthly in advance for all residential customers. 1. Beginning November 1, 2011 contractor shall be responsible for remitting to City all City sewer fees collected through contractors billing service. 59 and proposed language italicized that read as follows: (G) Billing and Payment Contractor shall bill all Residential, Commercial and Industrial customers for all services approved by City, Contractor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 The Blue%untain Ci6 '—x GrandCALI TerraceFORNIA AG EN DA REPORT MEETING DATE: September 27, 2011 Council Item (X ) CRA Item (X ) TITLE: Legal Services Agreement for the City of Grand Terrace and the City of Grand Terrace Community Redevelopment Agency PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Approve the agreement in substantially the form as attached and to authorize the City Manager and Executive Director to execute the agreement on behalf of the City and the Agency. BACKGROUND: The City Council reported out from Closed Session on April 26, 2011 the City's intent to solicit proposals for City Attorney services. On April 29, the City's current City Attorney, John Harper from Harper & Burns, LLP, provided the Council with his written resignation effective July 1, 2011. The City Attorney later rescinded his resignation and has continued to provide legal services for Grand Terrace. DISCUSSION: On May 10, 2011, the City Council approved a proposed Request for Proposal (RFP) for City Attorney Services and directed the City Manager to issue the RFP the following day. The City received responses from 15 law firms by the June 8 required due date. The Council reviewed all the RPF responses and identified four which best met the City's needs. These four law firms were invited to be interviewed by the Council, with Jones & Mayer subsequently identified as the preferred law firm. After reference checks were completed and insurance coverage verified, the Council directed the City Manager, in Closed Session on September 13, to finalize the agreement for legal services with Jones & Mayer for approval by the City Council and Agency Board at the September 27.meeting. The agreement with Jones & Mayer, Attachment A, is based on a retainer of $8,000/month ($96,000 annually) for all City and Agency services except litigation and special projects, which will be billed at $185/hour. The agreement has no maximum COUNCIL AGENDA ITEM NO.Bc3? 61 al customers for all services approved by City, Contractor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Legal Services Agreement for City of Grand Terrace and City of Grand Terrace Community Redevelopment Agency September 27, 2011 Page 2 number of hours per month though it is understood that a typical month of legal services would generally be within the range of 50 to 100 hours. Jones & Mayer anticipates being able to stay within Grand Terrace's Fiscal Year (FY) 2011-12 operating budget of $120,000 for legal services. Jones & Mayer has designed the following attorneys for Grand Terrace: Attorney Responsibility Richard L. Adams II City Attorney Ivy M. Tsai Assistant City Attorney Kimberly Hall Barlow Agency Counsel The City Attorney, Richard L. Adams II, will attend all City Council and Agency Board meetings. He will also attend the City Manager's senior staff meetings. The Assistant City Attorney, Ivy M. Tsai, will attend all Planning Commission meetings and any City Council and Agency Board meetings when the City Attorney is not available. Agency Counsel, Kimberly Hall Barlow, will attend Agency Board meetings when needed. The change in law firms providing legal services for the City and Agency will require coordination between City staff and both law firms. The schedule below summarizes key milestones in this transition. Date Activity September 27 • Council approves agreement with Jones & Mayer with services to begin on October 25. September 29 ■ Jones & Mayer begins interviews with City Council, City Manager and senior staff. (There is no cost to Grand Terrace for Jones & Mayer's transitional work.) October 11 • Last Council Meeting for current City Attorney. (Harper & Burns, LLP will continue to provide legal services to Grand Terrace through October 24.) October 25 • Council rescinds Resolution No. 88-10 appointing John H. Harper as City Attorney. • First Council Meeting for Jones & Mayer (City Attorney Richard L. Adams II). November 3 • First Planning Commission for Jones & Mayer (Assistant City Attorney Ivy M. Tsai). 62' actor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Legal Services Agreement for City of Grand Terrace and City of Grand Terrace Community Redevelopment Agency September 27, 2011 Page 3 FISCAL IMPACT: There is no fiscal impact in changing the firm which provides legal services for Grand Terrace. The FY 2011-12 operating budget includes $120,000 for legal services funded equally between the General Fund and the Community Redevelopment Agency. While the City does not have an agreement with the current City Attorney, monthly invoices from Harper & Burns, LLP average around $10,000. The agreement with Jones & Mayer is based on a retainer of $8,000/month ($96,000 annually) plus $185/hour for special project services outside the scope of the retainer and for litigation services. Jones & Mayer anticipates being able to stay within Grand Terrace's $120,000 operating budget for legal services. Approving the agreement with Jones & Mayer brings the City and Agency into compliance with Section 6148 of the Business & Professions Code of the California Code, Attachment B, which requires a contract when it is "reasonably foreseeable" legal expenses will exceed $1,000. Respectfully submitted: Betsy . Ada s, City Manager ATTACHMENTS: Attachment A: Legal Services Agreement for the City of Grand Terrace and the City of Grand Terrace Community Redevelopment Agency Attachment B: California Code Business & Professions Code Section 6148 63 begins interviews with City Council, City Manager and senior staff. (There is no cost to Grand Terrace for Jones & Mayer's transitional work.) October 11 • Last Council Meeting for current City Attorney. (Harper & Burns, LLP will continue to provide legal services to Grand Terrace through October 24.) October 25 • Council rescinds Resolution No. 88-10 appointing John H. Harper as City Attorney. • First Council Meeting for Jones & Mayer (City Attorney Richard L. Adams II). November 3 • First Planning Commission for Jones & Mayer (Assistant City Attorney Ivy M. Tsai). 62' actor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Attachment A Legal Services Agreement for the City of Grand Terrace and the City of Grand Terrace Community Redevelopment Agency 64 Council of the City of Grand Terrace held on the 27th day of September, 2011 by the following vote: AYES: NOS: ABSENT: ABSTAIN: Tracy Martinez, City Clerk Approved as to from: City Attorney 58 report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 LEGAL SERVICES AGREEMENT FOR THE CITY OF GRAND TERRACE AND THE CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY This Legal Services Agreement for City Attorney Services and Agency Counsel Services ("Agreement') is made and entered into by and between JONES & MAYER and the CITY OF GRAND TERRACE ("City"), a municipal corporation of the State of California and the CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY ("Agency"). 1. RECITALS 1.1.The City wishes to engage the services of JONES & MAYER as the City Attorney on the terms set forth below. 1.2.The Agency wishes to engage the services of JONES & MAYER as Agency Counsel on the terms set forth below. 1.3.JONES & MAYER represents it has the expertise, support staff and facilities necessary to fully represent the City's interests in the capacity as City Attorney and Agency Counsel. 1.4. JONES & MAYER represents it does not have an actual or potential interest adverse to the City or Agency, nor does it presently represent a person or firm with an interest adverse to the City or Agency with respect to the legal services to be provided hereunder. 2. TERMS 2.1.Term. The term of this agreement shall commence on October 25, 2011 and shall continue in full force until terminated in accordance with section 2.8. 2.2. Scope of Retainer Services. JONES &MAYER shall serve as City Attorney/Agency Counsel and shall perform legal services ("Services") as may be required from time to time by the City/Agency as set forth by this Agreement, unless otherwise agreed to by City/Agency and JONES & MAYER. As part of the Retainer Services to be performed hereunder, JONES & MAYER shall be responsible for the following: 2.2.1. Preparation and attendance at all. City Council and Agency Board meetings including regular sessions, closed sessions and, as needed, work sessions and Special Meetings; 1 65 • First Council Meeting for Jones & Mayer (City Attorney Richard L. Adams II). November 3 • First Planning Commission for Jones & Mayer (Assistant City Attorney Ivy M. Tsai). 62' actor shall provide 55 rties hereto. There are no oral agreements contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 2.2.2. Preparation for and attendance at all Planning Commission meetings including regular sessions and, as needed, work sessions; 2.2.3. Attendance, as needed and as directed by the City Manager/Executive Director, at certain meetings of the City's Agency or other City/Commission Committees or Commissions: 2.2.4. Attendance at all Department Head meetings as requested; 2.2.5. Review and/or preparation of ordinances, resolutions, orders, agreements, forms, notices, declarations, certificates, deeds, leases, and other documents required by the City/Agency. This shall include the review and revision of complex redevelopment documents such as Disposition and Development, Owner participation, and Purchase Agreements prepared by others; 2.2.6. Review of routine personnel matters (e.g., notices of intent, performance improvement plans, disciplinary actions); 2.2.7. Consultation, with prior authorization, of the City Council majority or the City Manager, to render legal advice and opinions concerning legal matters that affect the City/Agency, including new legislation and court decisions; perform research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions.and to advise the Council and management staff on legal matters pertaining to City/Agency operations; 2.2.8. Legal work pertaining to property acquisition, property disposal, public improvements, public rights-of-way and easements, and matters relating to public utilities; 2.2.9. Coordinate the work of outside legal counsel, as needed and as directed by the City Council/Agency Board majority and City Manager/Executive Director; and 2.2.10.Provide office hours at City Hall as deemed necessary by the City Manager. 2.3. Designated City Attorney. Richard L. Adams II shall be designated as City Attorney/Agency Counsel. No change in this assignment shall be made without the consent of the City. The City retains the right to request an alternate attorney should a change in the designated attorney(s) become necessary. 2.4.Time for Performance. The Services of JONES & MAYER shall be performed expeditiously in the time frames and as directed by a majority of the City Council, City Manager and/or their designees. 2 66 in provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 2.5. Compensation. 2.5.1. Retainer. The City shall pay JONES & MAYER $8,000.00 per month for retainer services as set forth in section 2.2 above. 2.5.2. Special Project Services. The City shall pay JONES & MAYER an hourly billing rate of One Hundred and Eighty-Five Dollars ($185.00) per hour for special projects outside the scope of the retainer. 2.5.3. Litigation Services. The City shall pay JONES & MAYER an hourly billing rate of One Hundred and Eighty-Five Dollars ($185.00) per hour for all litigation related legal services. 2.5.4. Performance Reviews. The City and JONES & MAYER agree that a review of performance shall occur every twelve months thereafter. 2.5.5. Reimbursement. The City shall reimburse JONES & MAYER for reasonable and necessary expenses incurred by it in the performance of the Services on behalf of the City, subject to approval by the City Manager. Authorized, reimbursable expenses shall include, but are not limited to: (A) parking fees at actual cost; (B) messenger fees: at actual cost for special messenger deliveries (no cost for deliveries to City Hall); and (C) conference registration and travel expenses chargeable only if specifically requested by client. 2.5.6. Billing. JONES & MAYER shall submit monthly to the City a detailed statement of account for Services. The City shall review JONES & MAYER's monthly statements and pay JONES & MAYER for Services rendered and costs incurred, as provided for in the Agreement, on a monthly basis. 2.6. Insurance Coverage. 2.6.1. Insurance. JONES & MAYER shall procure and maintain throughout the term of this Agreement, with insurance carriers authorized to do business in California, the following types and amounts of insurance: (A) commercial general liability ($1,000,000); (B) business automobile liability($1,000,000); (C) employers' liability ($1,000,000); (D) errors and omissions professional liability insurance ($1,000,000); and (E)workers' compensation (amount required by California law). The commercial general liability and business automobile policies shall be endorsed as follows: (1)the City/Agency shall be covered as an additional insured with respect to the Services performed by or on behalf of the City/Agency; and (2) the insurance coverage shall be primary insurance over any insurance carried by the City/Agency. 3 67 NS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 2.6.2. Indemnification. JONES & MAYER shall defend, indemnify and hold the City/Agency and its officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any negligent acts, errors, omissions or willful misconduct of JONES & MAYER or it's officials, officers, employees and agents arising out of, or in connection with, the performance of the Services. 2.7. Cooperation with City/Agency Officials. JONES & MAYER shall work cooperatively with the City CounciVAgency Board and City Manager/Executive Director and keep them informed on all matters of importance as they arise. 2.8. Termination of Agreement and Legal Services. This Agreement and the Services to be rendered under it may be terminated at any time upon thirty (30) days written notice from either party, with or without cause. In the event of such termination, JONES & MAYER shall be paid for all services authorized by the City and performed up through and including the effective date of termination. 2.9. Work Product Under This Agreement. All work is the property of the City and Agency, including all evidence, files, research, notes, computerized indices, programs and documents, and any other stored or generated information or documents. In the event of termination of this Agreement or upon request of the City and Agency as to any file or matter, JONES & MAYER shall promptly deliver all work product under this Agreement to the City and Agency or their designees. JONES & MAYER also agrees that, upon termination of the Agreement or services in any file or matter, JONES & MAYER will provide to City/Agency or its designee a closing report, including a brief description of the facts of the case, discussion of research conducted, and calendar of any scheduled court appearances and deadlines. 2.10. Control and Payment of Subordinates: Independent Contractor. JONES & MAYER shall determine the means, methods and details of performing the Services subject to the requirements of this agreement. The City/Agency retains JONES & MAYER on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of JONES & MAYER shall not be employees of the City/Agency, and shall at all times be under JONES & MAYER exclusive directions and control. JONES & MAYER shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under the Agreement and as required by law. JONES & MAYER shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 4 68 l be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 2.11. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 2.12. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 2.13. Assignment or Transfer. JONES & MAYER shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City/Agency. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 2.14. Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 2.15. Waiver. No waiver or any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 2.16. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the parties. 2.17. Invalidity Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 2.18. Equal Opportunity Employment. JONES & MAYER represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 2.19. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 5 69 ces and deadlines. 2.10. Control and Payment of Subordinates: Independent Contractor. JONES & MAYER shall determine the means, methods and details of performing the Services subject to the requirements of this agreement. The City/Agency retains JONES & MAYER on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of JONES & MAYER shall not be employees of the City/Agency, and shall at all times be under JONES & MAYER exclusive directions and control. JONES & MAYER shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under the Agreement and as required by law. JONES & MAYER shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 4 68 l be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 2.20. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City of Grand Terrace: Grand Terrace City Hall Attention: Betsy Adams, City Manager 22795 Barton Road Grand Terrace, CA 90270 " Jones & Mayer: Jones & Mayer 3777 N. Harbor Blvd. Fullerton, CA 92835 Attn: Richard L. Adams, II Such notices shall be deemed made when personally delivered, or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. IN WITNESS WHEREOF this Agreement is signed by the parties hereto on the date first above written. CITY OF GRAND TERRACE Date Betsy Adams, City Manager CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY Date Betsy Adams, Executive Director JONES & A YER Date Q,[4_,L( FAA& IIMIIp Rich=rd D. Jo es, Managing Partner 6 7n ity Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 2.18. Equal Opportunity Employment. JONES & MAYER represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 2.19. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 5 69 ces and deadlines. 2.10. Control and Payment of Subordinates: Independent Contractor. JONES & MAYER shall determine the means, methods and details of performing the Services subject to the requirements of this agreement. The City/Agency retains JONES & MAYER on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of JONES & MAYER shall not be employees of the City/Agency, and shall at all times be under JONES & MAYER exclusive directions and control. JONES & MAYER shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under the Agreement and as required by law. JONES & MAYER shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 4 68 l be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Attachment B California Code Business & Professions Code Section 6148 d the City of Grand Terrace Community Redevelopment Agency 64 Council of the City of Grand Terrace held on the 27th day of September, 2011 by the following vote: AYES: NOS: ABSENT: ABSTAIN: Tracy Martinez, City Clerk Approved as to from: City Attorney 58 report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 6148 6148. (a) In any case not coming within Section 6147 in which it is reasonably foreseeable that total expense to a client, including attorney fees, will exceed one thousand dollars ($1,000), the contract for services in the case shall be in writing. At the time the contract is entered into, the attorney shall provide a duplicate copy of the contract signed by both the attorney and the client, or the client's guardian or representative, to the client or to the client's guardian or representative. The written contract shall contain all of the following: (1) Any basis of compensation including, but not limited to, hourly rates, statutory , fees or flat fees, and other standard rates, fees, and charges applicable to the case. (2) The general nature of the legal services to be provided to the client. (3) The respective responsibilities of the attorney and the client as to the performance of the contract. (b) All bills rendered by an attorney to a client shall clearly state the basis thereof. Bills for the fee portion of the bill shall include the amount, rate, basis for calculation, or other method of determination of the attorney's fees and costs. Bills for the cost and expense portion of the bill shall clearly identify the costs and expenses incurred and the amount of the costs and expenses. Upon request by the client, the attorney shall provide a bill to the client no later than 10 days following the request unless the attorney has provided a bill to the client within 31 days prior to the request, in which case the attorney may provide a bill to the client no later than 31 days following the date the most recent bill was provided. The client is entitled to make similar requests at intervals of no less than 30 days. following the initial request. In providing responses to client requests for billing information, the attorney may use billing data that is currently effective on the date of the request, or, if any fees or costs to that date cannot be accurately determined, they shall be described and estimated. (c) Failure to comply with any provision of this section renders the agreement voidable at the option of the client, and the attorney shall, upon the agreement being voided, be entitled to collect a reasonable fee. (d) This section shall not apply to any of the following: (1) Services rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical. (2) An arrangement as to the fee implied by the fact that the attorney's services are of the same general kind as previously rendered to and paid for by the client. (3) If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 -The Blue Mouutain Cit ire Grand Terrace AG E N DA -R-E PO RT CALIFORNIA MEETING DATE: September 27, 2011 Council Item ( X ) CRA Item ( X ) TITLE: Agreement to Transfer Agency Property Tax Increment to the City to Participate in the Alternative Voluntary Redevelopment Program PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: That the City Council and Agency adopt the attached Resolutions approving the Agreement to Transfer Tax Increment. BACKGROUND: On July 26, 2011, the Council conducted a public hearing to adopt an Ordinance to participate in the Alternative Voluntary Redevelopment Program created by ABX1 27. If choosing not to participate, a Redevelopment Agency would otherwise be terminated under ABX1 26. The Agencies opting in to the voluntary program are required to make annual participatory payments to their County Auditor-Controller, beginning this fiscal year. Grand Terrace's payments were initially estimated to be approximately $2,828,060 for FY 2011-12 and approximately $670,745 in subsequent years. On August 11, 2011, before the Ordinance became effective, the State Supreme Court issued a stay which has the effect of barring agencies from certain activities pending their review of a lawsuit filed by the California Redevelopment Association and League of Cities. Although how to proceed is unclear and the subject of extensive legal discussion, the City has taken steps to preserve future options and has met all of the deadlines imposed under the Assembly Bills. These actions include submitting an appeal to the established annual payment amounts and delivering the Enforceable Obligations Payment Schedule to document the Agency's financial obligations through December 31, 2011. On August 12, 2011, the Agency submitted an appeal to the prescribed payment amounts due to incomplete or incorrect information used in the calculations, specifically overpayments of property tax increment revenues to the Agency due to the County's errors and the omission of debt service for the Agency's 2011 tax allocation bonds. The State's Director of Finance is required to review appeals by September 15, 2011, which COUNCIL AGENDA ITEM NO.8c/ 74 s section shall not apply to any of the following: (1) Services rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical. (2) An arrangement as to the fee implied by the fact that the attorney's services are of the same general kind as previously rendered to and paid for by the client. (3) If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 may be extended to October 15, 2011. To date, staff has not received any communication regarding our appeal. AB1X 27 provides that the City may enter into an agreement with the Agency to transfer a portion of its tax increment to make the required payments. During the July 2011 meetings to discuss participation in the voluntary program, staff stated that they would present the funding recommendation and any agreements after receiving the Director of Finance's decision on the appeal. DISCUSSION: The Agency's legal ability to opt in to the voluntary program by making the aforementioned payments remains unresolved, and may not be known until about January 15, 2012, when the first payment would be due. However, the Agency's annual Statement of Indebtedness (SOI) is due to the State Controller on October 1, 2011. Because the "opt-in" payments would be considered a debt of the Agency, staff recommends approving an Agreement to Transfer Tax Increment to the City for the FY 2011-12 payments now, and listing the obligation on the Agency's Statement of Indebtedness. In consideration of the Court's stay, language limiting the effectiveness of the proposed Agreement has been included in Section 5 and states in full: "Effectiveness of the Agreement is subject to a final determination by a California court of competent jurisdiction upholding the Program or otherwise allowing for payments to be made by the Agency to the City." The Agency's Special Legal Counsel for fiscal issues, Stradling Yocca Carlson & Rauth, prepared the attached Agreement. Approving the Agreement may preserve the Agency's option to provide these funds to the City for the required payments if the creation of the Alternative Voluntary Redevelopment Program is upheld. Also required by October 1, 2011, is the Council's approval of the Recognized Obligation Payment Schedule documenting the Agency's financial obligations during the period beginning January 1, 2012 through June 30, 2012. This will be discussed in a companion staff report also scheduled for September 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Respectfully submitted: Jo ceers Community and Economic Development Director Manager Approval: /?l Betsy . Adams, City Manager ATTACHMENTS: 1. City Council Resolution approving the Agreement to Transfer Tax Increment 2. Agency Resolution approving the Agreement to Transfer Tax Increment 3. Agreement to Transfer Tax Increment 76 : City Attorney 58 report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 ATTACHMENT NO. 1 Council Resolution Approving the Agreement to Transfer Tax Increment Approval: /?l Betsy . Adams, City Manager ATTACHMENTS: 1. City Council Resolution approving the Agreement to Transfer Tax Increment 2. Agency Resolution approving the Agreement to Transfer Tax Increment 3. Agreement to Transfer Tax Increment 76 : City Attorney 58 report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND TERRACE APPROVING AN AGREEMENT TO TRANSFER TAX INCREMENT BY AND BETWEEN THE CITY OF GRAND TERRACE AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace(Agency) is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. (CRL)and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council (City Council)of the City of Grand Terrace(City);and WHEREAS, the City Council approved a redevelopment plan for a redevelopment project and project area (the'Original Plan'and'Original Project Ared', respectively, by Ordinance No. 25 adopted September 27, 1979, which has subsequently been amended by an amendment (Amendment No. 1'), as approved by Ordinance No. 31 adopted on January 17, 1980, an additional amendment (Amendment No. 2) as approved by Ordinance No. 52 on July 15, 1981, an additional amendment (Amendment No. 3) as approved by Ordinance No. 187 on July 22, 1999, an additional amendment (Amendment No. 4) as approved by Ordinance No. 202. on September 12, 2002, an additional amendment (Amendment No. 5) as approved by Ordinance No. 212 on July 22, 2004, and an additional amendment (Amendment No. 6) as approved by Ordinance No. 250 on May 11, 2010 approving an amended and restated redevelopment plan (herein, the"Amended Redevelopment Plana') for the project area as established by Ordinance No. 25 and thereafter amended as set forth above under the Amended Redevelopment Plan (the"Amended Project Area);and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOCSOC/1499774v3/022092-0000 78 lso scheduled for September 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the Agency, as of October 1, 2011, and provides that, thereafter, a successor agency to administer the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all subject to the review and approval by an oversight committee; and WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and WHEREAS, the dissolution of the Agency would be detrimental to the health, safety, and economic well-being of the residents of the City and cause irreparable harm to the community and the Redevelopment Project, because, among other reasons, the redevelopment activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and the City, and are a critical component of its future; and WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ("Program"); and WHEREAS, as a condition of the Agency's continued existence and operation of its redevelopment agency, the City is required to make certain annual remittances to the county auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for DOCSOC/1499774v3/022092-0000 79 ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOCSOC/1499774v3/022092-0000 78 lso scheduled for September 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 the 2011-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15, 2012 and May 15, 2012; and WHEREAS, the City's needs are such that it can commit to spend the funds received from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance activities within the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project, including without limitation: the promotion of public improvement facilities; the provision of adequate roadways to correct street alignment problems, to provide adequate circulation and access to highways; the provision of needed improvements to the community's recreational, cultural and other community facilities to better serve the Amended Project Area; to eliminate and prevent the spread of blight and deterioration; the enhancement and renovation of businesses within the Amended Project Area; and expanding the resource of developable land by making underutilized land available for development; and WHEREAS, the City has adopted the ordinance required by Part 1.9 in order to allow the Agency to continue in operation and performing its functions("Ordinance"); and WHEREAS,the City and Agency desire to enter into an agreement pursuant to CRL Section 34194.2 whereby the Agency shall make an initial transfer of a portion of its tax increment to the City in an amount equal the First Remittance, and thereafter transfer amounts of tax increment equal to any subsequent remittance which the City is required to make to the county auditor-controller pursuant to the City's participation in the Program("Agreement to Transfer Tax Increment"); and WHEREAS, the City is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 have become the subject of a judicial challenge; and DOC SOC/1499774v3/022092-0000 80 DOCSOC/1499774v3/022092-0000 79 ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOCSOC/1499774v3/022092-0000 78 lso scheduled for September 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 WHEREAS,the City, by the adoption of this resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order to preserve the ability of the Agency to continue to operate and thereby benefit the community; and. WHEREAS, various petitioners have filed an action in the matter of California Redevelopment Association et al. v. Ana Matosantos, as Director, etc., et al (the "Redevelopment Lawsuit")which challenges the validity of ABX1 26 and ABX1 27; and WHEREAS, the Supreme Court has issued a partial stay in connection with the Redevelopment Lawsuit; and WHEREAS, the Agency and City intend that the effectiveness of the Agreement to Transfer Tax Increment is subject to a ruling by the Supreme Court which determines that ABX1 26 and ABX1 27 are constitutional and valid; and WHEREAS, the City has duly considered all other related matters and has determined that the City's entering into the Agreement to Transfer Tax Increment is in the best interests of the City, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE,BE IT RESOLVED: Section 1. The foregoing recitals are incorporated into this resolution by this reference, and constitute a material part of this resolution. DOC S OC/1499774v3/022092-0000 81 pursuant to the City's participation in the Program("Agreement to Transfer Tax Increment"); and WHEREAS, the City is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 have become the subject of a judicial challenge; and DOC SOC/1499774v3/022092-0000 80 DOCSOC/1499774v3/022092-0000 79 ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOCSOC/1499774v3/022092-0000 78 lso scheduled for September 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Section 2. That certain Agreement to Transfer Tax Increment to be entered into pursuant to CRL Section 34194.2, between the Agency and the City in the form submitted herewith is hereby approved and the City Manager is hereby authorized and directed to execute such agreement and to administer such agreement in accordance with its terms on behalf of the City; provided that the foregoing portion of this Section 2 is subject to the final determination by a court of competent jurisdiction which determines that ABX1 26 and ABX1 27 are constitutional and valid. Section 3. Each of the City Attorney and Stradling Yocca Carlson & Rauth, a Professional Corporation, is hereby authorized to the greatest extent permitted by law, to bring an action or appear in an action in the Superior Court pursuant to CRL Sections 33500 and 33501 of the Act to determine the validity of the ordinance referred to in this resolution, or the validity of any bonds issued or contemplated to be issued by the agency or other material contracts of the Agency, or any findings of the governing body of the City Council related thereto, upon the determination of the City Manager that such action is reasonably necessary or appropriate to facilitate the consummation of any agency transaction for which governing board approval has been given. Section 4. This Resolution shall be effective immediately upon adoption, subject to Section 2, above. Section 5. The City Clerk or Interim City Clerk shall certify to the adoption of this resolution. DOC SOC/1499774v3/022092-0000 82 participation in the Program("Agreement to Transfer Tax Increment"); and WHEREAS, the City is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 have become the subject of a judicial challenge; and DOC SOC/1499774v3/022092-0000 80 DOCSOC/1499774v3/022092-0000 79 ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOCSOC/1499774v3/022092-0000 78 lso scheduled for September 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 APPROVED AND ADOPTED this day of , 2011. Mayor (SEAL) ATTEST: Interim City Clerk APPROVE AS TO FORM: City Attorney DOCSOC/1499774v3/022092-0000 lution approving the Agreement to Transfer Tax Increment 2. Agency Resolution approving the Agreement to Transfer Tax Increment 3. Agreement to Transfer Tax Increment 76 : City Attorney 58 report Total vouchers : 99,995.88 Page: 9 y for FY 2011-12. Respectfully submitted, 4-1—Y Bernie Simon Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, Tracy Martinez, Interim City Clerk of the City of Grand Terrace, hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Grand Terrace at its regular meeting held on the day of , 2011, and that it was so adopted by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Interim City Clerk of the City of Grand Terrace (SEAL) DOCSOC/1499774v3/022092-0000 84 Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 ATTACHMENT NO. 2 Agency Resolution Approving the Agreement to Transfer Tax Increment 85 m City Clerk of the City of Grand Terrace, hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Grand Terrace at its regular meeting held on the day of , 2011, and that it was so adopted by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Interim City Clerk of the City of Grand Terrace (SEAL) DOCSOC/1499774v3/022092-0000 84 Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING THE AGREEMENT TO TRANSFER TAX INCREMENT BY AND BETWEEN THE AGENCY AND THE CITY OF GRAND TERRACE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council ("City Council")of the City of Grand Terrace ("City"); and WHEREAS, the City Council approved a redevelopment plan for a redevelopment project and project area (the "Original Plan" and"Original Project Area", respectively, by Ordinance No. 25 adopted September 27, 1979, which has subsequently been amended by an amendment ("Amendment No. 1"), as approved by Ordinance No. 31 adopted on January 17, 1980, an additional amendment ("Amendment No. 2") as approved by Ordinance No. 52 on July 15, 1981, an additional amendment("Amendment No. 3") as approved by Ordinance No. 187 on July 22, 1999, an additional amendment ("Amendment No. 4") as approved by Ordinance No. 202 on September 12, 2002, an additional amendment ("Amendment No. 5") as approved by Ordinance No. 212 on July 22, 2004, and an additional amendment ("Amendment No. 6") as approved by Ordinance No. 250 on May 11, 2010 approving an amended and restated redevelopment plan (herein, the "Amended Redevelopment Plan") for the project area as established by Ordinance No. 25 and thereafter amended as set forth above under the Amended Redevelopment Plan (the"Amended Project Area"); and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOC SOC/1499775v3/022092-0000 86 ember 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the Agency, as of October 1, 2011, and provides that,thereafter, a successor agency to administer the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all subject to the review and approval by an oversight committee; and WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and WHEREAS, the dissolution of the Agency would be detrimental to the health, safety, and economic well-being of the residents of the City and cause irreparable harm to the community and the Redevelopment Project, because, among other reasons, the redevelopment activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and the City, and are a critical component of its future; and WHEREAS, Part_1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ("Program"); and WHEREAS, as a condition of the Agency's continued existence and operation of its redevelopment agency, the City is required to make certain annual remittances to the county auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for DOCSOC/1499775v3/022092-0000 87 added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOC SOC/1499775v3/022092-0000 86 ember 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 the 2011-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15, 2012 and May 15, 2012; and WHEREAS, the City's needs are such that it can commit to spend the funds received from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance activities within the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project, including without limitation: the promotion of public improvement facilities; the provision of adequate roadways to correct street alignment problems, to provide adequate circulation and access to highways; the provision of needed improvements to the community's recreational, cultural and other community facilities to better serve the Amended Project Area; to eliminate and prevent the spread of blight and deterioration; the enhancement and renovation of businesses within the Amended Project Area; and expanding the resource of developable land by making underutilized land available for development; and WHEREAS, the City has adopted the ordinance required by Part 1.9, in order to allow the Agency to continue in operation and performing its functions("Ordinance"); and WHEREAS, the City and Agency desire to enter into an agreement pursuant to CRL Section 34194.2 whereby the Agency shall make an initial transfer of a portion of its tax increment to the City in an amount equal the First Remittance, and thereafter transfer amounts of tax increment equal to any subsequent remittance which the City is required to make to the county auditor-controller pursuant to the City's participation in the Program ("Agreement to Transfer Tax Increment"); and WHEREAS, the Agency is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 have become the subject of a judicial challenge; and DOCSOC/1499775 v3/022092-0000 88 OCSOC/1499775v3/022092-0000 87 added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOC SOC/1499775v3/022092-0000 86 ember 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 WHEREAS, the Agency, by the adoption of this resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27,but rather the City seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order to preserve the ability of the Agency to continue to operate and thereby benefit the community; and WHEREAS, various petitioners have filed an action in the matter of California Redevelopment Association et al. v. Ana Matosantos, as Director, etc., et al (the "Redevelopment Lawsuit")which challenges the validity of ABX1 26 and ABX1 27; and WHEREAS, the Supreme Court has issued a partial stay in connection with the Redevelopment Lawsuit; and WHEREAS,the Agency and City intend that the effectiveness of the Agreement to Transfer Tax Increment is subject to a ruling by the Supreme Court which determines that ABX1 26 and ABX 1 27 are constitutional and valid; and WHEREAS, the Agency has duly considered all other related matters and has determined that the Agency's entering into the Agreement to Transfer Tax Increment is in the best interests of the City, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW,THEREFORE,BE IT RESOLVED: Section 1. The foregoing recitals are incorporated into this resolution by this reference, and constitute a material part of this resolution. DOC SOC/1499775v3/022092-0000 89 pursuant to the City's participation in the Program ("Agreement to Transfer Tax Increment"); and WHEREAS, the Agency is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 have become the subject of a judicial challenge; and DOCSOC/1499775 v3/022092-0000 88 OCSOC/1499775v3/022092-0000 87 added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOC SOC/1499775v3/022092-0000 86 ember 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Section 2. That certain Agreement to Transfer Tax Increment to be entered into pursuant to CRL Section 34194.2, between the Agency and the City in the form submitted herewith is hereby approved and the Executive Director is hereby authorized and directed to execute such agreement and to administer such agreement in accordance with its terms on behalf of the Agency; provided that the foregoing portion of this Section 2 is subject to the final determination by a court of competent jurisdiction which determines that ABX1 26 and ABX1 27 are constitutional and valid. Section 3. Each of the general counsel of the Agency and Stradling Yocca Carlson&Rauth, a Professional Corporation, is hereby authorized, to the greatest extent permitted by law, to bring an action or appear in an action brought in the Superior Court pursuant to Sections 33500 and 33501 of the Act to determine the validity of the agreement referred to in this resolution, or the validity of any bonds issued or contemplated to be issued by the Agency or other material contracts of the Agency, or any findings of the governing body or the City Council related thereto, upon the determination of the Executive Director that such action is reasonably necessary or appropriate to facilitate the consummation of any agency transaction for which governing board approval has been given. Section 5. This Resolution shall be effective immediately upon adoption, subject to Section 2, above. Section 6. The Agency Secretary or Interim Agency Secretary shall certify to the adoption of this resolution. DOCSOC/1499775v3/022092-0000 90 tion in the Program ("Agreement to Transfer Tax Increment"); and WHEREAS, the Agency is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 have become the subject of a judicial challenge; and DOCSOC/1499775 v3/022092-0000 88 OCSOC/1499775v3/022092-0000 87 added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOC SOC/1499775v3/022092-0000 86 ember 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 APPROVED AND ADOPTED this day of , 2011. Chairman (SEAL) ATTEST: Interim Agency Secretary APPROVE AS TO FORM: Agency General Counsel DOCS OC/1499775v3/022092-0000 91 cil of the City of Grand Terrace at its regular meeting held on the day of , 2011, and that it was so adopted by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Interim City Clerk of the City of Grand Terrace (SEAL) DOCSOC/1499774v3/022092-0000 84 Finance Director Manager Approval: o >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, Tracy Martinez, Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace, hereby certify that the foregoing resolution was duly adopted by the Board of said Agency at its regular meeting held on the day of , 2011, and that it was so adopted by the following vote: AYES: Boardmembers: NOES: Boardmembers: ABSENT: Boardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 ATTACHMENT NO. 3 Agreement to Transfer Tax Increment 93 RACE ) I, Tracy Martinez, Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace, hereby certify that the foregoing resolution was duly adopted by the Board of said Agency at its regular meeting held on the day of , 2011, and that it was so adopted by the following vote: AYES: Boardmembers: NOES: Boardmembers: ABSENT: Boardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 AGREEMENT.TO TRANSFER TAX INCREMENT This AGREEMENT TO TRANSFER TAX INCREMENT ("Agreement") is entered into as of September 27, 2011 ("Date of Agreement"), by and between the CITY OF GRAND TERRACE,a municipal corporation ("City") and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body, corporate and politic ("Agency"). RECITALS A. The Agency is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL")and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council ("City Council")of the City. B. The Agency receives and has available to it tax increment revenues in accordance with and pursuant to CRL Section 33670(b)and Article XVI Section 16 of the California Constitution ("Tax Increment"). C. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the CRL by ABX1 26 and ABX 127,which measures purport to become effective immediately. ABX1 26 and ABX1 27,which are trailer bills to the 2011-12 budget bills,were approved by both houses of the Legislature on June 15, 2011 and signed by the Governor on June 28, 2011. D. Part 1.85 of the CRL ("Part 1.85")provides for the statewide dissolution of all redevelopment agencies, including the Agency, as of October 1, 2011, and provides thereafter for a successor agency to administer the existing obligations of the Agency and otherwise wind up its affairs,with such actions as the successor agency may take subject to the review and approval by an oversight committee. E. Part 1.8 of the CRL("Part 1.8") provides for the restriction of activities and authority of the Agency in the interim period prior to dissolution to certain"enforceable obligations"and DOCSOC/1499777v3/022092-0000 94 added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were DOC SOC/1499775v3/022092-0000 86 ember 27, 2011. FISCAL IMPACT: The actual payment amounts for the FY 2011-12 will not be known until the Director of Finance responds to the appeal. The amount provided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 provides for actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8. F. Part 1.9 of the CRL ("Part 1.9")provides that an Agency to continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ("Program"). G. Those cities or counties electing to participate in the Program, as a condition of its redevelopment agency's continued existence and operation, are required to make certain annual remittances ("Program Remittances")to the county auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for the 2011-2012 fiscal year("First Remittance"),to be paid in two equal installments on January 15,2012 and May 15, 2012. H. The Agency will have sufficient funds and revenues to fund an amount equal to the City's payment of the First Remittance and expects to have funds and revenues sufficient to fund amounts equal to the subsequent annual remittances required by Part 1.9. The City and Agency desire to enter into this Agreement pursuant to CRL Section 34194.2 whereby the Agency shall transfer portions of Tax Increment to the City in an amount equal to the First Remittance,and thereafter to transfer amounts of Tax Increment equal to any subsequent remittance which the City is required to make to the county auditor-controller pursuant to the City's participation in the Program. AGREEMENTS 1. The Agency shall be liable to City for the payment of the Program Remittances in connection with the City's participation in the Program. The Agency agrees that no later than fifteen (15) days prior to the date upon which the City shall be statutorily required to make any full or partial payment of a Program Remittance,the Agency shall transfer funds to the City in an amount equal to such payment; each such payment by the Agency shall be referred to herein as a"Required Agency Payment" and, as such payments are combined, "Required Agency Payments." The obligation for each Required Agency Payment shall accrue until paid; interest shall accrue on any unpaid balance of the Required Agency Payments at an annual 2 DOCSOC/1499777v3/022092-0000 QS vided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 interest rate equal to the maximum rate permitted by Section 53531 of the Government Code. Interest on amounts paid as Required Agency Payments shall be deemed to begin accruing on the date upon which the City makes any required Program Remittance to the county auditor- controller. 2. The Agency pledges revenues available to the Agency under Section 33670(b)of the California Health& Safety Code ("Tax Increment")to repayment of its indebtedness to the City hereunder;provided that such pledge is junior and subordinate to all outstanding bonds of the Agency(including without limitation the Agency's obligations under the following: (i) the $15,175,000 Community Redevelopment Project Area,Tax Allocation Bonds, Issue of 2011A (the "2O11A Bonds"); (ii)the $5,650,000 Community Redevelopment Project Area, Taxable Tax Allocation Bonds, Issue of 2O11B (the "2011B Bonds"); and(iii)the $13,000,000 Community Redevelopment Project Area Refunding Tax Allocation Bonds, Series 2004, any refunding bonds issued by the Agency, and any additional bonds issued hereafter by the Agency. The City and Agency agree that such obligation by Agency to City may be further subordinated by written agreement of the City and the Agency. 3. The obligations of the Agency under this Agreement shall constitute an indebtedness of the Agency within the meaning of Section 33670 et seq. of the Community Redevelopment Law. 4. The City agrees to use the funds it receives pursuant to this Agreement in accordance with the laws of the Unites States and the State of California, including the CRL, all as applicable. 5. Effectiveness of this Agreement is subject to a final determination by a California court of competent jurisdiction upholding the Program or otherwise allowing for payments to be made by the Agency to the City. 3 DOCSOC/1499777v3/022092-0000 96 or partial payment of a Program Remittance,the Agency shall transfer funds to the City in an amount equal to such payment; each such payment by the Agency shall be referred to herein as a"Required Agency Payment" and, as such payments are combined, "Required Agency Payments." The obligation for each Required Agency Payment shall accrue until paid; interest shall accrue on any unpaid balance of the Required Agency Payments at an annual 2 DOCSOC/1499777v3/022092-0000 QS vided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF GRAND TERRACE By: City Manager ATTEST: Interim City Clerk COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Executive Director ATTEST: Interim Agency Secretary 4 DOC SOC/1499777v3/022092-0000 97 ardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - SEPTEMBER 13. 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 September 13, 2011 at 6:30 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 Tracey Martinez, Interim City Clerk Bernie Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Lt. Steve Dorsey, San Bernardino County Sheriffs Department Sgt. Ed Finneran, San Bernardino County Sheriffs Department ABSENT: Rick McClintock, San Bernardino County Fire Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 7:15 P.M. 1. APPROVAL OF 08-23-2011 MINUTES CRA-2011-46 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY VICE- CHAIRMAN GARCIA, CARRIED 5-0, to approve the August 23 2011 Minutes. 2. TERMINATION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND JACOBSEN FAMILY HOLDINGS, LLC CRA-2011-47 MOTION BY VICE-CHAIRMAN, SECOND BY AGENCY MEMBER • SANDOVAL, CARRIED 5-0, to approve the Agreement to Terminate the Disposition and Development Agreement between the Agency and • Jacobsen Family Holdings, LLC CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) CRA AGENDA ITEM NO. 1 99 96 or partial payment of a Program Remittance,the Agency shall transfer funds to the City in an amount equal to such payment; each such payment by the Agency shall be referred to herein as a"Required Agency Payment" and, as such payments are combined, "Required Agency Payments." The obligation for each Required Agency Payment shall accrue until paid; interest shall accrue on any unpaid balance of the Required Agency Payments at an annual 2 DOCSOC/1499777v3/022092-0000 QS vided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Community Redevelopment Agency Minutes, September 13, 2011 Page 2 PROPERTY — APNS 0275-242-10 & 0275-242-11 (22100 BLOCK OF BARTON ROAD) AGENCY NEGOTIATOR—JOYCE POWERS BUYER NEGOTIATOR —TOM SWIECA, GRUBB-ELLIS UNDER NEGOTIATION - PRICE AND TERMS Chairman Stanckiewitz announced that the Agency met in Closed Session to have a conference with real property negotiations on the following pieces of property:APNS 0275- 242-40 and 0275-242-11 (22100 Block of Barton Road)and there was no reportable action taken. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 9:35 p.m., in memory of those who lost their lives on September 11, 2001, until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, September 27, 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 too OPMENT AGENCY AT 7:15 P.M. 1. APPROVAL OF 08-23-2011 MINUTES CRA-2011-46 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY VICE- CHAIRMAN GARCIA, CARRIED 5-0, to approve the August 23 2011 Minutes. 2. TERMINATION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND JACOBSEN FAMILY HOLDINGS, LLC CRA-2011-47 MOTION BY VICE-CHAIRMAN, SECOND BY AGENCY MEMBER • SANDOVAL, CARRIED 5-0, to approve the Agreement to Terminate the Disposition and Development Agreement between the Agency and • Jacobsen Family Holdings, LLC CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) CRA AGENDA ITEM NO. 1 99 96 or partial payment of a Program Remittance,the Agency shall transfer funds to the City in an amount equal to such payment; each such payment by the Agency shall be referred to herein as a"Required Agency Payment" and, as such payments are combined, "Required Agency Payments." The obligation for each Required Agency Payment shall accrue until paid; interest shall accrue on any unpaid balance of the Required Agency Payments at an annual 2 DOCSOC/1499777v3/022092-0000 QS vided before the appeal was filed is $2,828,060, to be paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 The staff report for CRA Item 2. Agreement to Transfer Agency Property Tax Increment to the City to Participate in the Alternative Redevelopment Program is under Item 8C. CRA AGENDA ITEM NO.2.. 102 TY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Executive Director ATTEST: Interim Agency Secretary 4 DOC SOC/1499777v3/022092-0000 97 ardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 The taut\Iaoniaio din Grand Terrace AGENDA REPORT CALIFORNIA MEETING DATE: September 27, 2011 Council Item ( ) CRA Item (X ) TITLE: Adoption of the Initial Recognized Obligation Payment Schedule PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Adopt a Resolution approving the Initial Recognized Obligation Payment Schedule required by State Assembly Bill 1X 26 and authorize the Executive Director to make any changes to the schedule necessary to ensure on-going accuracy. BACKGROUND: On July 26, 2011, the City Council adopted an ordinance declaring the City's decision to comply with ABX1 27, the Continuation Act, and has taken several actions to comply with its requirements to preserve our options to allow the Agency to resume its redevelopment activities. On August 11, 2011, the Supreme Court stayed the effectiveness of all of the Continuation Act, and some of the Dissolution Act (AB1X 26) pending their review of a legal challenge filed by the California Redevelopment Association and the League of California Cities to the two Assembly Bills. The portion of the Dissolution Act that was not stayed creates uncertainties and left intact the provisions allowing agencies to only make payments listed in an adopted Enforceable Obligation Payment Schedule (EOPS) and payments for bonded indebtedness. Therefore, the Agency adopted the EOPS on August 23, 2011, and posted and delivered the document in accordance with the stated requirements of AB1X 26. This action would allow any successor agency, if the Redevelopment Agency is dissolved, to make the indicated payments with Agency funds. DISCUSSION: In addition, under the effective provisions of AB1X 26, the Agency is now required to adopt the Initial Recognized Obligation Payment Schedule (IROPS) covering the period beginning October 1, 2011, through June 30, 2012. The Agency is to submit the IROPS to the Successor Agency by September 30, 2011, who would then use it to create the Recognized Obligations Schedule (ROPS) to wind down the financial obligations of the Agency. A new ROPS would be then be prepared for each successive six-month period, which are subject to approval by an oversight board, the County Auditor-Controller, the State Controller, and the State Department of Finance. CRA AGENDA ITEM NO3 104 paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Due to the stay issued by the Supreme Court, the Agency is now suspended from activities, but not dissolved, and a Successor Agency has not been created or appointed. However, staff is recommending that the IROPS be adopted and filed with the City Clerk to recognize the Agency's on-going financial obligations, pending the Court's determination. A draft of the Agency's ROPS is attached for the Council's review and approval. FISCAL IMPACT: There is no fiscal impact other than staff time and cost for RSG to complete the payment schedule (under the existing contract). Respectfully submitted, ii P� J:yce Powers Community and Economic Development Director Manager Approval: Betsy . Ada City Manager ATTACHMENT: Resolution and Exhibit "A," the Preliminary Draft Initial Recognized Obligation Payment Schedule dated September 15, 2011 (Exhibit A to the Resolution) 105 all of the Continuation Act, and some of the Dissolution Act (AB1X 26) pending their review of a legal challenge filed by the California Redevelopment Association and the League of California Cities to the two Assembly Bills. The portion of the Dissolution Act that was not stayed creates uncertainties and left intact the provisions allowing agencies to only make payments listed in an adopted Enforceable Obligation Payment Schedule (EOPS) and payments for bonded indebtedness. Therefore, the Agency adopted the EOPS on August 23, 2011, and posted and delivered the document in accordance with the stated requirements of AB1X 26. This action would allow any successor agency, if the Redevelopment Agency is dissolved, to make the indicated payments with Agency funds. DISCUSSION: In addition, under the effective provisions of AB1X 26, the Agency is now required to adopt the Initial Recognized Obligation Payment Schedule (IROPS) covering the period beginning October 1, 2011, through June 30, 2012. The Agency is to submit the IROPS to the Successor Agency by September 30, 2011, who would then use it to create the Recognized Obligations Schedule (ROPS) to wind down the financial obligations of the Agency. A new ROPS would be then be prepared for each successive six-month period, which are subject to approval by an oversight board, the County Auditor-Controller, the State Controller, and the State Department of Finance. CRA AGENDA ITEM NO3 104 paid in two equal installments, on January 15, 2012 and May 15, 2012. If the appeal is approved, staff estimates the payments for FY 2011-12 to be between approximately $1.7 and $2.1 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 • AGENCY RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING AND ADOPTING A PRELIMINARY DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB 1X 26 WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), the City Council of the City of Grand Terrace ("City") created the Community Redevelopment Agency of the City of Grand Terrace("Agency"); and WHEREAS, the Agency has been responsible for implementing the Redevelopment Plan for the Grand Terrace Community Redevelopment Project covering certain properties within the City("Project Area"); and WHEREAS, as part of the 2011-2012 State budget bill, the California State Legislature recently enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, which eliminate every redevelopment agency unless the community that created it adopts an ordinance ("Continuation Ordinance") agreeing to participate in an Alternative Voluntary Redevelopment Program ("Alternate Redevelopment Program") which requires the payment of an annual "community remittance"payment; and WHEREAS, AB 1X 26 also requires redevelopment agencies to adopt, by September 30, 2011, a Preliminary Draft Initial Recognized Obligation Payment Schedule ("IROPS"), covering the period October 1, 2011 through June 30, 2012 which will serve as the basis for the payment of the Agency's outstanding financial obligations if the City does not adopt an ordinance electing to participate in the Alternate Redevelopment Program and the Agency is dissolved; and WHEREAS, the City held a first reading of the Continuation Ordinance on July 26, 2011 and a second reading on August 9, 2011; and WHEREAS, the California League of Cities and the California Redevelopment Association filed suit in the Supreme Court of the State of California challenging the constitutionality of AB 1X 26 and AB 1X 27; and WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and issued an immediate stay of AB 1X 27 in its entirety and a partial stay of AB IX 26; and WHEREAS, because AB 1X 27, the statutory scheme which the City and Agency had opted into through the adoption of the Continuation Ordinance, has been stayed, it appears the Agency must adopt an IROPS at this time because the Court's stay left in place Health and Safety Code Section 34169 which requires redevelopment agencies to prepare a preliminary draft of the IROPS; and 106 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Page 2 Agency Resolution 2011- WHEREAS, the Agency may file a copy of the IROPS with the City Clerk to keep in their records and forward to the Successor Agency should it ever be necessary in the future pursuant to AB 1X 26. NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Approval of IROPS. The Agency hereby approves and adopts the Preliminary Draft Initial Recognized Obligation Payment Schedule, in substantially the form attached hereto as Exhibit A, as required by the recently enacted legislation AB 1X 26. Section 3. Transmittal to Appropriate Agencies. The Executive Director is hereby authorized and directed to forward a copy of the Preliminary Draft Initial Recognized Obligation Payment Schedule to the City Clerk for filing. PASSED AND ADOPTED by the Community Redevelopment Agency of the City of Grand Terrace, California at a regular meeting held on the 27th day of September 2011 by the following vote: ATTEST: Interim Secretary of the Community Chairperson of the Community Redevelopment Agency of the City of Redevelopment Agency of the City of Grand Terrace Grand Terrace Resolution No. 2011- I, Tracey R. Martinez, Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 27th day of September 2011, by the following vote: 107 ugust 9, 2011; and WHEREAS, the California League of Cities and the California Redevelopment Association filed suit in the Supreme Court of the State of California challenging the constitutionality of AB 1X 26 and AB 1X 27; and WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and issued an immediate stay of AB 1X 27 in its entirety and a partial stay of AB IX 26; and WHEREAS, because AB 1X 27, the statutory scheme which the City and Agency had opted into through the adoption of the Continuation Ordinance, has been stayed, it appears the Agency must adopt an IROPS at this time because the Court's stay left in place Health and Safety Code Section 34169 which requires redevelopment agencies to prepare a preliminary draft of the IROPS; and 106 million, dependent upon the Director of Finance's determination. Required participatory payments in subsequent years may be reduced from approximately $670,000 to approximately $500,000. As better information becomes available, staff will return to the Agency and Council for more discussion, including any necessary budget appropriations. 75 (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f)This section shall become operative on January 1, 2000. 72 shall be sent to the following addresses: Auditor/Controller-Recorder Use Only Page 7 of 8 O Contract Database O FAS, Input Date Keyed By 51 RAGE CONTRACTOR shall furnish certificates of insurance to the COUNTY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY, and CONTRACTOR shall maintain such insurance from the time it commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, CONTRACTOR Auditor/Controller-Recorder Use Only Page 6 of 8 D Contract Database F11FAS Input Date Keyed Bye 50 Page 3 Agency Resolution 2011- AYES: NOES: ABSENT: ABSTAIN: Tracey R. Martinez Interim Agency Secretary Approved as to form: Agency Counsel 108 102 TY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Executive Director ATTEST: Interim Agency Secretary 4 DOC SOC/1499777v3/022092-0000 97 ardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 EXHIBIT A ENFORCEABLE OBLIGATION PAYMENT SCHEDULE 109 AIN: Tracey R. Martinez Interim Agency Secretary Approved as to form: Agency Counsel 108 102 TY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Executive Director ATTEST: Interim Agency Secretary 4 DOC SOC/1499777v3/022092-0000 97 ardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1 O ty of Grand Terrace Community Redevelopment Agency Page 1 of 2 Pages PRELIMINARY DRAFT OF THE INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34169(h)* Payments by Period Project Name/Debt Obligation Payee Description Total Outstanding Total Due During Debt or Obligation Fiscal Year 10/1/11 to 1/1/12 to Total 12/31/11 6/30/12 2004 Tax Allocation Bond** US Bank Bonds for housing&non-housing projects 3,790,812 1,803,889 0 15,464 15,464 )2011 A Tax Allocation Bond US Bank Bonds for non-housing projects 29,163,212 598,586 0 299,293 299,293 1)2011 B Tax Allocation Bond US Bank Bonds for non-housing projects 9,698,770 298,011 0 149,005 149,005 •)Trustee Fees US Bank Trustee fees on bonds 266,530 12,115 0 0 0 )Zion Loan Zion First National Bank Refinanced refunding of bonds for projects 2,421,052 254,848 0 127,424 127,424 ;)SERAF Transfer Housing Fund Repayment of loan for SERAF 448,636 112,159 112,159 0 112,159 ) Repayment of Water District*** SB Valley Muni Water Repayment of incorrect tax distribution 2,295,360 242,000 0 242,000 242,000 •) Repayment to Housing Fund Non-Housing Fund Housing Fund overpayment due to SBVMWD 459,072 459,072 0 0 0 )Stater Brothers OPA Stater Brothers Markets Payment on participation agreement 1,207,500 241,500 120,750 120,750 241,500 )Commercial Exteriors Viking Investment Prop Shopping center rehabilitation 220,429 220,429 220,429 0 220,429 Neighborhood Imp.Grant Qualified residents Exterior improvements/correct violations 39,035 39,035 23,421 0 23,421 ) Baseball Field Improvements Rock Bottom Construction of baseball field 42,469 42,469 0 0 0 ) Dog Park Improvements Foundation of GT Installation of park improvements 35,000 35,000 35,000 0 35,000 )Mich/Barton/LaPaix Lee and Stires/Webb Ass Infrastructure improvements 535,671 535,671 0 265,671 265,671 ) Residual Receipts City of Grand Terrace Affordable housing payment agreement 3,000,000 300,000 300,000 0 300,000 )Developer MOU Grand Terr Partners LLC Terminate development agreement 375,000 375,000 0 0 0 ) Employee Costs City of Grand Terrace Agency employee costs 12,187,608 529,896 132,474 309,106 441,580 )Office Rent/Cost Allocation City of Grand Terrace Office space and operations 7,371,638 320,506 80,127 186,961 267,088 Consulting Services RAMS Required annual auditing services 10,000 10,000 10,000 0 10,000 Consulting Services RSG Annual reporting requirements/administration 13,500 13,500 0 0 0 Consulting Services San Bernardino Sun Advertising/Noticing 10,000 10,000 2,499 5,835 8,334 )Consulting Services Smothers Appraisers Property Appraisals 13,400 13,400 4,400 0 4,400 Consulting Services Webb&Associates Traffic Engineering 125,000 50,000 12,000 30,000 42,000 Consulting Services ACE Weed Abatement Weed abatement for Agency property 36,000 12,000 6,000 5,500 11,500 Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 30,000 442 30,442 )Consulting Services Chamber of Commerce Business development services 10,300 10,300 2,580 6,000 8,580 0 0 0 0 0 0 0 0 0 0 0 0 Totals-This Page $ 73,806,436 $ 6,569,828 $ 1,091,839 $1,763,451 $ 2,855,290 Totals-Other Obligations $ 123,366,703 $ 3,891,000 $ 2,185,500 $1,705,500 $ 3,891,000 Grand total-All Pages $ 197,173,139 $ 10,460,828 1$ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. ��/ ***This payment will be made as soon as the Agency In no longer precluded from doing so. - S J/ ty of Grand Terrace Community Redevelopment IIy ,,y � Page 2 of 2 Pages DRAFT OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34167 and 34169(*) Payments by Period Project Name/Debt Total Outstanding Total Due During Obligation Payee Description Debt or Obligation Fiscal Year 10/1/11 to 1/1/12 to 12/31/11 6/30/12 Total 1)Statutory Pass Through City of Grand Terrace Statutory payment obligation 4,800,000 80,000 80,000 .0 80,000 2) Statutory Pass Through San Bernardino Comm Coll Statutory payment obligation 4,800,000 80,000 80,000 0 80,000 3) Negotiated Pass Through Colton Joint USD Payment per agreement 10,402,888 320,000 320,000 0 320,000 4) Pass Through pd by County Taxing entities Payment per agreement 59,855,506 2,000,000 1,000,000 1,000,000 2,000,000 5) Housing Fund Deposit Low/Mod Housing Fund Statutory housing set aside 40,208,309 1,300,000 650,000 650,000 1,300,000 6) County Administration Fee San Bernardino Co Auditor Property tax apportionment admin fee 3,300,000 111,000 55,500 55,500 111,000 7) . 8) 9) 10) 11) 12) 13) 4) 5) 6) 7) 8) 9) 0) :1) '2) :3) :4) ,5) :6) :7) :8) (Totals-Other Obligations I$ 123,366,703 I $ 3,891,000 $ 2,185,500 $1,705,500 $3,891,000 This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. 05/ll teriors Viking Investment Prop Shopping center rehabilitation 220,429 220,429 220,429 0 220,429 Neighborhood Imp.Grant Qualified residents Exterior improvements/correct violations 39,035 39,035 23,421 0 23,421 ) Baseball Field Improvements Rock Bottom Construction of baseball field 42,469 42,469 0 0 0 ) Dog Park Improvements Foundation of GT Installation of park improvements 35,000 35,000 35,000 0 35,000 )Mich/Barton/LaPaix Lee and Stires/Webb Ass Infrastructure improvements 535,671 535,671 0 265,671 265,671 ) Residual Receipts City of Grand Terrace Affordable housing payment agreement 3,000,000 300,000 300,000 0 300,000 )Developer MOU Grand Terr Partners LLC Terminate development agreement 375,000 375,000 0 0 0 ) Employee Costs City of Grand Terrace Agency employee costs 12,187,608 529,896 132,474 309,106 441,580 )Office Rent/Cost Allocation City of Grand Terrace Office space and operations 7,371,638 320,506 80,127 186,961 267,088 Consulting Services RAMS Required annual auditing services 10,000 10,000 10,000 0 10,000 Consulting Services RSG Annual reporting requirements/administration 13,500 13,500 0 0 0 Consulting Services San Bernardino Sun Advertising/Noticing 10,000 10,000 2,499 5,835 8,334 )Consulting Services Smothers Appraisers Property Appraisals 13,400 13,400 4,400 0 4,400 Consulting Services Webb&Associates Traffic Engineering 125,000 50,000 12,000 30,000 42,000 Consulting Services ACE Weed Abatement Weed abatement for Agency property 36,000 12,000 6,000 5,500 11,500 Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 30,000 442 30,442 )Consulting Services Chamber of Commerce Business development services 10,300 10,300 2,580 6,000 8,580 0 0 0 0 0 0 0 0 0 0 0 0 Totals-This Page $ 73,806,436 $ 6,569,828 $ 1,091,839 $1,763,451 $ 2,855,290 Totals-Other Obligations $ 123,366,703 $ 3,891,000 $ 2,185,500 $1,705,500 $ 3,891,000 Grand total-All Pages $ 197,173,139 $ 10,460,828 1$ 3,277,339 $3,468,951 1$ 6,746,290 * This Preliminary Draft Initial Recognized Obligation Payment Schedule is to be adopted by the redevelopment agency no later than 9/30/2011.It is valid through 6/30/12. **Debt service payment of$1,788,425 made 9/1/2011 so not reflected in"10/1/11 through 12/31/11"expenditures. ��/ ***This payment will be made as soon as the Agency In no longer precluded from doing so. - S J/ The staff report for CRA Item 4. Legal Services Agreement for the City of Grand Terrace and the City of Grand Terrace Community Redevelopment Agency is under Item 8B. CRA AGENDA ITEM NO.4 113 TY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Executive Director ATTEST: Interim Agency Secretary 4 DOC SOC/1499777v3/022092-0000 97 ardmembers: ABSTAIN: Boardmembers: Interim Secretary of the Community Redevelopment Agency of the City of Grand Terrace (SEAL) DOCSOC/1499775v3/022092-0000 92 >1s Betsy . Ada City Manager ATTACHMENTS: Check Register— September 27, 2011 7 /538346.1 3/6/2019 D-1