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06/08/2010 -FILE,..CQpY _ GRAND TERR CE June 8,2010 22795 Barton Road Grand Terrace- Calif irnia 92313-5295 Civic Center - CITY OF' GRAND- TERRACE (909)824-6621 Fax(909)783-7629 , Fax(909)783-2600 CRA/CITY COUNCIL Mgryetta Ferr6 Mayor -REGULAR-MEETINGS' - Lee Ann Garcia ' 2 AND 4TH Tuesday - 6.UU p.m• Mayor Pro Tem Bea Cortes Jim Miller Walt Stanckiewitz Council Members - Betsy M.Adams ; 'r City Manager Council Chambers Grand Terrace Civic-Center. 22795 Barton-Road Grand-Terrace; CA'92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING' AGENDA CITY COUNCIL CHAMBERS June 8,2010 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 FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON'THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 05-25-2010 Minutes Approve 2. Engineering Design Agreement for Public Improvements along the Approve/Appropriate Barton Road Corridor 3. Contract Award for Nuisance Abatement at 12559Michigan Street Approve (Dakeno,Incorporated) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE JOINT MEETING WITH CITY COUNCIL AND PLANNING COMMISSION 1. SCAG Compass Blueprint Barton Road Specific Plan ADJOURN JOINT MEETING WITH CITY COUNCIL AND PLANNING COMMISSION CONVENE JOINT MEETING WITH COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL 1. Cooperation Agreement Between the City and Agency for Approve Administrative Services 2. Fiscal Year 2010-2011 Proposed Operating Budget Receive and File ADJOURN JOINT MEETING WITH COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL CONVENE CITY COUNCIL 1. Items to Delete COUNCIL AGENDA 06-08-2010 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 2. SPECIAL PRESENTATIONS-None 3. CONSENT CALENDAR j 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 Dated 06-08-2010 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 05-25-2010 Minutes Approve D. Resolution Calling a Municipal Election-November 2, 2010, Approve and Establishing Regulations for Candidate Statements E. Jurisdiction Master Agreement with San Bernardino County Approve Transportation Authority,(SANBAG)for the Michigan Street Widening Project 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. Appointments to the Planning Commission 9. CLOSED SESSION A. Conference with Legal Counsel - Potential Litigation - GC54956.9(b)(2)and GC54956.9(c) B. City Attorney Compensation GC54957(b) 1 ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,JUNE 22,2010,AT 6:00 P.M. AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - MAY 25, 2010 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 May 25, 2010 at 4:36 p.m. PRESENT: Maryetta Ferr6, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency Member Walt Stanckiewitz, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Rick McClintock, San Bernardino County Fire Department ABSENT: Sgt. Espinoza, Sheriff's Department 1 CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT 4:30 P.M. 1. FY 2010-2011 BUDGET REVIEW WORKSHOP Betsy M. Adams, City Manager, stated that the workshop is to give the Council their first opportunity to look at what staff is putting together with regards to the proposed operating budget for next fiscal year. She gave a presentation on the key budget issues. Bernie Simon, Finance Director, gave a presentation and went over the budget document. Betsy M. Adams, indicated that she is looking for general direction with the summary that was given by Staff. Mayor Ferrd adjourned the Community Redevelopment Agency and City Council Meeting at 5:46 p.m. CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 05-11-2010 MINUTES DRA AGENDA ITEM NO. i Community Redevelopment Agency Minutes May 25,2010 Page 2 CRA-2010-24 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES,CARRIED 4-0,to'approve the May 11,2010 Community Redevelopment Agency Minutes. CLOSED SESSION-CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) PROPERTY-APN: 1167-1412-08) (SOUTHWEST CORNER OF MICHIGAN& COMMERCE AGENCY NEGOTIATOR- BETSY M. ADAMS UNDER NEGOTIATION - PRICE AND TERMS OF PAYMENT Chairman Ferr6 announced that the Council met in Closed Session to have a conference with Real Property Negotiators for the Property located on the Southwest Corner of Michigan and Commerce (APN 1167-1412-08) and that there was no reportable action taken. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 7:45 p.m.,until the next CRA/City Council Meeting that is scheduled.to be held on Tuesday,June 8,2010 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 i j r,Ll'FOft�IA AGENDA REPORT MEETING DATE: June 8, 2010 Council Item ( ) CRA Item (X) TITLE: Engineering Design Agreement for Public Improvements along the " Barton Road Corridor PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Approve the attached Professional Consultant Services Agreement for up to $84,281 between the Agency and Albert A. Webb Associates, for Right-of-Way Design Services. 2. Appropriate $92,709.10 from the CRA Capital Projects available fund balance for design, including a 10% contingency. BACKGROUND: Staff has identified the need for infrastructure improvements to improve the flow of traffic along portions of Michigan Street, Mt. Vernon Avenue, and Barton Road. Improvements to La Paix Street have also been evaluated to address neighborhood concerns regarding this substandard public street. The public improvements would include a traffic signal, traffic signal synchronization, curb, gutter and sidewalk, landscaping, construction of a bus turnout on the south side of Barton Road, relocation of streetlights, median and turn lanes on Barton Road and Mt. Vernon Avenue, and other improvements. DISCUSSION: Staff has obtained proposals .from four engineering firms to design the identified improvements. The lowest quote received was from NA & Associates, which was disqualified due to the inadequacy of the scope of improvements. The remaining three firms are qualified to complete this project: The second lowest proposal was from Albert A. Webb & Associates. 1 NA & Associates $66,236.00 Incomplete proposal 2 Albert A. Webb & Associates $84,281.00 Complete 3 W.J. McKeever Inc. $84,687.00 Complete 4 Willdan $89,975.00 Complete CRA AGENDA ITEM NO. r� 1' 1 i Staff recommends approval of the attached Consultant Service Agreement for $84,281. A complete scope of work is attached to the agreement as Exhibit"g.The design is projected to be ready for public bidding in November 2010. Agency funds are available for construction, which is projected to be in the range of$700,0004800;000. Staff recommends Agency funding for this project due to the impact on economic development of the City. Without such improvements; business attraction is difficult if cumulative new businesses would degrade the level of service on the roadways to an unacceptable level. The Agency currently has an existing traffic engineering contract with Webb & Associates foi• routine project review and studies, which is insufficient for a,project of this size. The project design for the subject infrastructure improvements would be reviewed by the City Engineer, Willdan Engineering. FISCAL IMPACT: Sufficient funds for the design services are available in the CRA 80% undesignated fund balance. The Agency now has approximately $4.8 million available for new non-housing' projects. Respectfully submitted, Joyce Powers Community and Economic Development Director Manager Approval: - /.- Betsy . A ams Executive Director ATTACHMENT: Professional Consultant Services Agreement between the Agency and Albert A. Webb & Associates r I 1 I Ow %-13Ti A:.3:�`-•.;+) PROFESSIONAL CONSULTANT SERVICES AGREEMENT Albert A. Webb Associates Public Improvement Engineering Design Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this day of June, 2010, ("Effective Date'-') by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ("Agency"), a public entity, and Albert A. Webb Associates,("Consultant"). 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with the design of public improvements for the Barton Road Business Corridor ("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit"A"and the Agreement shall remain in effect until June 30, 2011, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed Eighty-four thousand two hundred eighty-one Dollars ($ 84,281.00)payable in accordance with the terms set forth in Exhibit"A". Said payment shall be made in accordance with Agency's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Agency at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agenc}L To Consultant: The City of Grand Terrace Albert A. Webb&Associates Community Redevelopment Agency Attn: Bruce Davis Attn: Joyce Powers 3788 McCray Street 22795 Barton'Road Riverside,California 92506 Grand Terrace,California 92313 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Page 1 of 12 i Director's determination is on file and open to inspection in the office of the City Clerk and ii referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract"Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract; Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise; i the reasonable professional care and skill customarily exercised by reputable members of; Consultant's profession practicing in the Metropolitan Southern California Area, and shall use; reasonable diligence and best judgment while exercising its professional skill and expertise. - i 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services, and shall be responsible for their performance and compensation. Consultant recognizes that the' qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and; incorporated herein by this reference and assigned to perform portions of the Services shall!. remain assigned through completion of the Services, unless otherwise mutually agreed by the: parties in writing, or caused by hardship or resignation in which case substitutes shall be subject, to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of thei other party. In any event,no assignment shall be made unless the assignee expressly assumes the! obligations of assignor under this Agreement, in a writing,satisfactory to the parties. Consultant; shall not subcontract any portion of the work required by this Agreement without prior written; approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain' a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any; transfer of rights may require the Executive Director's and/or the Agency Board's approval. " 10. Independent Contractor. In the performance of this Agreement, Consultant, and. Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace on Agency. Consultant acknowledges and agrees that City or Agency has no obligation to pay or, withhold state or federal taxes or to provide workers' compensation or unemployment insurance, to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as ari employer. , 11. Indemnification. Page 2 of 12 i ! ' I 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees,. subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the Agency and/or City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's .employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the Agency incurs or makes to or on-behalf of an injured employee under the Agency's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the Agency's execution of this Agreement, Consultant shall provide satisfactory evidence of, -and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section,11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating.of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail,postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance Page 3 of 12 i coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant; deems adequate,at Consultant's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code-of the; State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant: shall cant' the insurance or provide for self-insurance required by California law to protect said i Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing. that such insurance is in effect, or that Consultant is self-insured for such coverage,' or (2) a' certified statement that Consultant has no employees, and acknowledging that if Consultant does, employ any person, the necessary certificate of insurance will immediately be filed with Agency.; Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to Agency's, execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the; term of this Agreement, commercial general liability insurance and automobile liability, insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which, may concern operations by anyone directly or indirectly employed by, connected with, or acting' for or on behalf of Consultant. The Agency, and-its officers, employees and agents,- shall be, named as additional insureds under the Consultant's insurance policies. r 12.11 Consultant's commercial general liability insurance policy shall cover both bodily, injury (including death) and property damage (including, but not limited to,premises operations, liability, products-completed operations liability, independent Consultant's liability, personal` injury liability, and,contractual liability) in an amount not less than $1,000,000 per occurrence, and a general aggregate limit in the amount of not less than$2,000,000. I 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles; Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to Agency's execution of this Agreement, copies of insurance policies or f original certificates and additional, insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as Page 4 of 12 i F additional insureds. Said policies shall be in the usual form of, commercial general and automobile liability insurance policies,but shall include the following provisions: It is agreed that the City of Grand Terrace Community Redevelopment Agency and its officers, employees and agents,are added as additional insureds under this policy,solely for work done by and on behalf of the named insured for the City of Grand Terrace Community Redevelopment Agency. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the Agency from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope of work, and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon Agency's request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant.to Chapter 5.04'of the Grand Terrace Municipal Code and keep such tax certificate,current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under.this Agreement. All such records shall be clearly identifiable. Consultant shall allow-a representative of Agency during normal business hours,to examine, audit, and make transcripts or copies of such records and any-other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three,(3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's Page 5 of 12 7 i 1 Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known;or has become known, to the related industry shall be deemed ! confidential. Consultant shall not use City's or Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,' newspaper, television or radio production, website, or other similar medium without the prior written consent of the City or Agency. 18. Ownership of Documents., All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of, 1 Agency upon Agency's compensation to Consultant for its services as herein' provided, Consultant shall not release to others information furnished by Agency without prior express, written approval of Agency.. 19. Conflict of Interest. Consultant, for itself and on behalf'of the individuals listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no: interest, present or contemplated; in the Project affected by the above-described Services; Consultant further warrants that neither Consultant,nor the individuals listed in Exhibit"B"have any real property, business interests or income interests that will be affected by this project or; alternatively,that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any; person or Agency to"solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure; this Agreement. For breach of this warranty, Agency shall have the right to terminate this - Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal; state and local laws and ordinances and regulations which in any manner affect those employed, by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall-have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the Page 6 of 12 i work completed bears to the total work required to make the report complete, subject to the Agency's rights under .Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 Agency may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 Agency decides to abandon or postpone the Project. 24. Offsets.Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the Agency, Agency reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed,by Agency to Consultant.Notice of suchi withholding and offset shall promptly be given to Consultant by Agency in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the Agency, Agency will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County.of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue, in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of•the breach of any term or condition of this Agreement,.it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the Page 7 of 12 4 I I I I procurement of materials and equipment, except as provided in Section 12940 of the California; Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severability: Each provision, term, condition,covenant and/or restriction, in whole' and in part, of this Agreement shall be considered severable. In the event any provision, term; condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed, ! from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and, effect. 29. Authority: The individuals executing this Agreement and the instruments referenced, herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive' statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in'this Agreement. 31. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction; which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and do -not define,, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless,expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws; of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit"A"shall be controlling. 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A"- Scope of Services, Project Schedule,and Fees Exhibit"B" - Personnel I Page 8of12 .I I i I IN WITNESS WHEREOF Agency and.Consultant have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT Albert A. Webb Associates AGENCY, A Public Entity By: Bruce Davis Executive Director [Printed Name] Vice President [Title] Attest: City Clerk/Agency Secretary Scott Webb APPROVED AS TO FORM: [Printed Name] CFO By: [Title] Agency Counsel Page 9 of 12 . 11 I i I EXHIBIT "A" PROJECT UNDERSTANDING AND SCOPE OF SERVICES Our understanding of the project is as follows: The City of Grand Terrace is planning to implement offsite improvements related to the Town Square Shopping Center at this time.The proposed improvements are as follows: On Michigan Avenue 1. Construct deceleration taper for the south driveway. i i 2. Construct of South Driveway up to the curb return. 3.. Install 4-Way Stop Control for the.intersection of Michigan Avenue and South Driveway! 4. Widen Michigan Avenue to the ultimate on the east side between South and Commerce Way/North Driveway. Install curb &gutter and sidewalk to the ultimate. 5. Construct Commerce Way/North Driveway up to the curb return per Barton Road/1'-215 Interchange Plans. 6. Provide 100' long southbound left turn for the Commerce Way/North Driveway. 7. Construct appropriate taper using rolled dike between Commerce Way/North Driveway and existing improvements on eastside of Michigan Avenue. On Barton Road 1. Construct bus turnout on south side of Barton Avenue in front of Miguel Jr. Restaurant.; ^` 2. Construct deceleration lane for the eastern driveway. 3. Construct'local depression with catch basin and connect to existing 48"storm drain. 4. Construct meandering sidewalk within-.existing right of way, if possible. 5. Construct traffic signal for Barton Road and Eastern Driveway intersection. { 6. Prepare traffic signal synchronization analysis for Barton Road. t 7. Coordinate with SANBAG and their consultant for approval and implementation of traffic signal synchronization. i 8. Relocate impacted street lights. 9. Remove and reconstruct landscape and irrigation . On !a Paix Street 1. Widen street to provide 17' of pavement and provide curb&gutter. 2. Provide coordination with SCE for power pole relocation or undergrounding of power lines. r 3. Provide landscape and irrigation for screen wall vines. i 1 OaPropwW-1NFORMAL PROPOSAISPropovdBU,006752•Cily ofGmnd Terrace Toune Square of-sue ImprovememsM%vn Square OR Site 1mpro.emcnts_Revised 05262010.doexPage 2 of 9 17 i At Barton Road and Mt.Vernon Avenue Intersection 1. Construct raised median on the west approach (provide enough storage for left turn volume). 2. Construct northbound right turn lane on Mt. Vernon Road (avoid Mr. TV sign). 3. Construct eastbound right turn lane on Barton Road. 4. Provide traffic signal modification for the intersection for Barton Road and Mt.Vernon Intersection. 5. Provide coordination with SCE for transmission pole relocation. Please contact us immediately if our understanding of the Project needs are not consistent with your understanding,so that the proposal can be revised accordingly. SCOPE OF SERVICES Kick-Off Meeting Once we receive a Notice-to-Proceed,we will immediately schedule a project"kick-off' meeting at the City.The project"kick-off' meeting with the City Staff will establish clear lines of communication with WEBB's Project Development Team and to obtain background information. Data Collection and Field Survey We will Research and obtain available as-built street,storm drain,water and sewer improvement plans. We will obtain existing right-of-way and parcel information, utility index maps, and other improvement plans available within the project limits. We will perform field review to further indentify utilities and other project constraints. We will perform a comprehensive field cross section survey of Michigan Avenue, Barton Road, La Paix Street,and Mount Vernon Avenue. We will take cross sections at 50' interval within the project area. Street and Strom Drain Improvement Plans We will prepare Street Improvement plan and profile showing existing grade elevations, proposed grade elevations, curb and gutter removal, proposed curb &gutter locations and elevations, proposed pavement and overlay limits, proposed sidewalk and ADA ramps, proposed drainage improvements, existing utilities, existing right of way and easements, proposed right of way and easements, and proposed cross sections at every 25'. Street improvement plans to include following improvements: 0 Construction of deceleration taper for the south driveway on Michigan Avenue. 0 Construction of the south driveway up to the curb return on Michigan Avenue. 0 Widening of Michigan Avenue to the ultimate on the east side between South and Commerce Way/North Driveway. Install curb &gutter and sidewalk to the ultimate. 0 Construction of Commerce Way/North Driveway up to the curb return per Barton Road/1-215 Interchange Plans. GnPmp salslINFORMAL PROPOSALSProposABM006752-City of Gmnd Terrace Towne Square ott=suc ImprovemctussTown Square ORSitc Improve t&_Rcvised 05262010.docxPage 3 n(9 12 •i ' I ' k I 0 Construction of appropriate toper using rolled dike between Commerce Way/North i I Driveway and existing improvements on eastside of Michigan Avenue. 0 Construction bus turnout on south side of Barton Avenue in front of Miguel Jr. Restaurant. 0 Construction deceleration lane for the Shopping Center eastern driveway on Barton' Road. 0 Construction of local depression with catch basin and connect to existing 48" storm drain on south side of Barton Road. r 0 Construction meandering sidewalk within existing right of way in front of Miguel Jr. Restaurant. i 0 Removal and Relocation impacted street lights. 0 Widening of La Paix Street to provide 17' of pavement with curb &gutter on the north side. 0 Construction of raised median on the west approach (provide enough storage for left turn volume): I 0 Construction of northbound right turn lane on Mt.Vernon.Road(avoid Mr.TV sign). 0 Construction of eastbound right turn lane on Barton Road. I Traffic Signal,Signing&Striping,and Traffic Control Plans We will prepare traffic signal and traffic signal modification plans showing traffic signal equipments,controller cabinets,service cabinets,service locations,conduits, detector loops, ; pole schedule,conductor schedule,phasing sequence, removal and salvage of existing equipments, removal and relocation of traffic signal equipments,traffic signal interconnect, and construction and general notes. _ I Prepare Traffic signal improvement plans to include following: i 0 Construction of traffic signal at the intersection of Barton Road and Eastern Driveway. 0 Modification of traffic signal at the intersection of Barton Road and Mt.Vernon Avenue. 0 Prepare traffic signal synchronization analysis to include new traffic signal at the ! intersection of Barton Road/Eastern Driveway and changes at the intersection of Barton Road/Mt.Vernon Avenue. 0 Provide coordination with SANBAG for approval and implementation of synchronization. We will prepare Signing and striping plans showing existing striping and markings with Caltrans Standard Detail'numbers; existing traffic signs with Caltrans MUTCD code, removal of existing striping and markings,relocation of existing traffic signs, proposed striping and marking with Caltrans Standard Detail numbers, proposed traffic signs with Caltrans MUTCD code,stations for begin and end of tapers, quantity breakdown, and construction and general notes. i I i O.TroposalsUNFORMAL PROPOSALS'PropouffiD606752-City of Cnand Termce Tou-ne Square off-site hnprovements%To%vn Square Off Site Improvcmcros- Rcvisa105262010.doczPage d of 9 I I i r I I I 1i Prepare Signing&Striping Plan for following Roadway Segments: 0 Michigan Avenue from 300'south of South Driveway to Barton Road. 0 500'on both sides of Eastern Driveway along Barton Road. 0 Barton Road and Mt.Vernon Avenue Intersection. We will prepare traffic control plans for Michigan Avenue, Barton Road, La Paix Street,and Mt. Vernon Avenue street and storm drain improvements. Landscape Improvement Plans We will prepare landscape improvement plans for north side of La Paix Street and also along Barton Road in front of Miguel Jr. restaurant. Utility Relocation Coordination Service WEBB teamed up with the Advance Utility Design Inc.to provide utility relocation coordination services.The proposed improvements are in conflict with a multiple utility structure that will need to be relocated. It will be critical to the projects successful completion to initiate with the utility companies the necessary work orders to resolve the conflicts.Advance Utility Design inc. will be able to assist City with identifying the potential utility conflicts and identify the information that will provide the utility planners with the information they need to design the relocations. Scope of work for the relocation is following: �} 0 AT&T and Time Warner pole relocations for improvements on Michigan Avenue 0 SCE distribution and Time Warner pole undergrounding/relocations for improvements on La Paix Street 0 SCE Transmission,SCE distribution,AT&T,and Time Warner relocations for improvements to intersection at Barton road and Mt.Vernon Avenue. 0 Includes 40 hours of coordination time. Potholing Services WEBB teamed up with the SAF-r-Dig Utility Surveys, Inc.to determine the horizontal and vertical positions of existing underground utilities in 2 locations. Cost Estimates,Specifications,and Bid Documents We will prepare preliminary and final cost estimates for the project. We will prepare project technical specifications.The specifications will be prepared in the format of project-specific modifications,as appropriate by construction item,to the Specifications of the City of Grand Terrace,the Caltrans Standard Specifications and the Standard Specifications for Public Works Construction (Greenbook). We will revise city's boilerplate bid document, add technical specification, and assemble bid document. C TmposaWFNFORMAL PROPOSALSTrupomiBD 006752.City orGmnd Terrace Towne Squarc mf snc Imp1nvement5Vowo Square Of(Ske Improvmnems Rc.i:cd OS262010.docaPage 5 of 9 �C a Project Management and Quality Control/Quality Assurance WEBB's Project Manger will schedule monthly meetings and invite appropriate City personnel to attend. In order to control costs,only key personnel from WEBB team will be in attendance at these meetings. We will prepare and distribute the meeting agenda prior to the meeting. Items to be discussed will include but are not limited to the following: design, project cost, coordination,constructability, utility relocation coordination, and project schedule issues. Before each plan, specification and cost estimate submittal,a Senior Level Associate will review the submittal package for technical completeness and complete the CA/QC checklist to be submitted to the City. Bid Support and Construction Assistance We will respond to reasonable and appropriate RFIs, as requested by the City. We will provide assistance during construction. h i I � I - i I i r I GpPmposi(ANFORMAL PROPOSAMPropo&dISD006752-City orGr&nd Terrace Towne Square off-site Improvcm=%si foam Square Off Site Imprevements_Reviscd Oi2620I0.duc%Pdge 6 of 9 i 9L FEES AND SCHEDULE We propose to provide the above services as outlined in.Exhibit "A" on a "lump sum" fee basis. Total fees for services shown in Exhibits "A" shall not exceed $84,281 without prior authorization from client. A general breakdown of our Contract Budget is as follows: Preliminary Engineering Services Data collection and field survey $11,352 �—' Utility research $ 3,204 Potholing Services(2 locations) $ 2,200 Preliminary Engineering Services $16,756 Final Engineering Services Preparation of 70%Contract Documents Street and storm drain improvement plans $14,140 Traffic signal,signing&striping,and traffic control plans $13,219 Landscape improvement plans $ 5,309 Cost estimate,specifications,and bid documents $ 3,041 Utility relocation coordination services $ 3,204 Proiect management, quality assurance/quality control(QA/QC) S 2,926 Preparation of 60%Contract Documents $41,839 Preparation of 95%Contract Documents Street and storm drain improvement plans $ 5,050 Traffic signal,signing&striping,and traffic control plans $ 4,721 Landscape improvement plans $ 1,896 Cost estimate,specifications,and bid documents $ 1,303 Utility relocation coordination services $ 3,204 Proiect management,quality assurance/quality control(QA/QC) S 1052 Preparation of 95%Contract Documents $17,226 Preparation of Final Contract Documents Street and storm drain improvement plans $ 1,010 Traffic signal,signing&striping,and traffic control plaits $ 944 Landscape improvement plans $ 379 Cost estimate,specifications,and bid documents $ 217 Utility relocation coordination services $ 3,204 Proiect management,quality assurance/quality control (QA/QC) 5 210 Preparation of Final Contract Documents $5,964 Bid Support and Construction Assistance $2,496 Total $84 281 O^PmposalsNNFORMAL PROPOSALS\ProposalOO'.o06752.City of Grand Tama rouse Squuc oR sitc Improvements•Tour Squue Off Site Improvcmcros_Revised 05262010.do.Page 7 of 9 17 ,I I Tentative Schedule of Delivery and Payment Reauest Preliminary Engineering Services June 30th 2010 $16,756 Completion of 50%Plans— July 30th 2010 $29,885 Completion of 70%Plans—First Submittal August 301h 2010 $11,954 Completion of 95%Plans—Second Submittal September 30th 2010 $17,226 Final Approval November 19th 2010 $ 5,964 Bid Support and Construction Assistance Bid Opening $ 496 Bid Support and Construction Assistance 50%Const. Completion $ 1,000 i Bid Support and Construction Assistance 100%Const.Completion $ 1,000 I - i I G:,ProposaIs\IWFORMAL PROPOSAIS'TroposaIRU..006752-City of Grand Terrace rowne Square off-she ImprovemcawTown Square OW Site Improvcmenls Revised OS262010.doccPage R of 9 i i Town Square Shopping Center Mite Improvement Project Tentative Project Schedule ID © Task Name DunfioA Stan Finish Afl0 ust 2010 r O10 October 2010 November2010 316 922 4 1 1 3 6 9 121518212427 14. 20232E 2 5 E 1 17 3 1 4 7 10131 9 1 Preliminary Engineering 14 days Tua6115110 Fri 7/2l1a qpmmmmommmm t 2 s� Notice To Proceed 0 drys Tue 6115110' T e W15/10 3 ® Pmlart ig If Meeting t day Mon 6121110 Man 621110 t t 4 Perform Data Gathering and Research 4 days Tw 622110 Fri 5=10 , 5 Field Topography 9days Tue622MO Fd72n0 8 Utility Research 9 days Tue 6=0 Fri 7010 i 6 Final Design Servlas 100 days Yon 7f5110' Fri 11M1f110 _ 9 � Pnpan nt llonofJO%CoractDoeumank ''"' ___ -- __._. ..2ddrya Mon74110i_ FA41J10 NEW 10 Street lmprovament Plans 25 drys Mon 715110, Fri avio I i tt , Traffic signal,sgnmg 6 sWping,and traffic conual plans 25 days Mon VW10 Fri 618110 12 Landscape glans 25 days Mon=10` Fri WWI 13 Preliminary Cost Estimate 25 drys Mon 7151'10; Fri WBMO low 14 Way Coordination 25 days Mon 7/5110 Fri NW70 , 15 i 16 City(Wildan)plan Check it"aw of 70%Docoments - -- - 20 days Mon W10 Fn 9rd1 f0 i 18 Preparation of 95%Contract Documents 20 days Mon gSnO Fd 1011M0 19 Street Improvement Plans 20 days MonSW10, Fri 1001110 20 Traiec ifpnid.signing 6 striping,and trstfie comiol plans 20 days Mon g1W/0l Fd 10111f0 21 Landscape Phma 20 days Mon 9AhO Fd 10M110 2T Preliminary Cost Estimate 20 days. Mon91B14 Fri 1W1no 73 Prepare Spacial Provisions and Sid Dowments-' -_ 26 days Mon 91W70 Fr11011116 24 Wity Coordination 20 drys Man 916110, Fd 101f170 25 ' 26 City(IMldan)Plan Check Review of 35%Document& 13 days Mon 1014110 Fri 101Y2M0 26 Praparatton of 100%Contra"Documents 10 days Mon 191200 Fit 1115119 29 street lrnprovenienlPlains 10 days Abn1N25110. Fri11%ElfO 30 Traffic sigr4 sign"mg A shlping,and uaffic canuel plain 10 dys Mon 1025110 Fri 1115110 I i 31 Landscape Plans - 10 days Mon10125MO Fit 11/5A0 32 Final Cost Estimate - - - - 10 drys Man 10125110 Fri 1115110 33 Finalized Special Provsions and Bid Documents 10 days Mon 1025116 Frl 11/3110 i 3e - --UWiy Cocid4iarlon —_•— —10 days Mon 10125110 Fit 1IWO ! .__._. '-City(Wildan)Approval of DooumeMa to days Mon li191i0 Fd 71119110 Project.PiajociSchedule Task Progress ® Summary 111110""00"we"0009 External Tasks Deadline Data:Tic 5127r10 Split Milestone p Project Summery Estemal Mlbstone Q UelsinoW M 21ProposalsUNFORMAL PROPOSALS1ProposalBDl006752-City of grand Tarraa Towne Square off-sic ImprommennlPrcjadegheduki.mpp EXHIBIT "B" PERSONNEL Albert A.Webb Associates Bruce Davis, PE—Principal-in-Charge Dilesh Sheth, PE,TE—Project Manager Nick Keller—Street and Storm Drain Improvement Plans David Alcala,TSOS—Traffic signal,Signing&Striping, and Traffic Control Plans Myung Choo,TE—Synchro Analysis Greg Meek—Landscape Plans Laura Hudson—Project Coordination Sub-Consultants Advance Utility Design Inc.—Utility Relocation/Undergrounding Coordination Saf-r-Dig- Potholing Services J:Troposals'INFORMAL PROPOSALSTroposalBD'006752•City of Grand Tcrrace'ro%%n Square off situ lmprovnncnts%To%m Square Off Site Improvcmoms Revaed 05262010.docxNge 9 of 9 7r ,,`... 3 ' AGENDA REPORT i�1.IFURVIA MEETING DATE: June 8, 2010 Council Item ( ) CRA Item ( X ) SUBJECT: Contract Award for Nuisance Abatement at.12559 Michigan Street PRESENTED BY: Community and Economic Development Department RECOMMENDATIONS: 1. Approve the attached Professional Services Agreement for $4,990 (through July 12, 2010) between the Agency and Dakeno, Incorporated, for Nuisance Abatement. 2.' Approve budget of$4,990 plus a 10% contingency for a total of $5,489. BACKGROUND: Staff is requesting Agency authorization to enter into a contract for lot clearing and demolition of the rear structure at 12559 Michigan Street. This will remove a declared public nuisance from the local neighborhood. The nuisance conditions will be removed under an abatement warrant issued by the Superior Court on April 8, 2010. While conducting a property inspection at the site, Rental Inspection Program Staff observed an occupied, substandard structure to the rear of the main house. Staff photographed the illegal, unsafe, and unsanitary conditions on subject property. A family with minor children was residing in what was originally a carport constructed illegally in or about 1969. The unpermitted carport had since been illegally converted into a dilapidated dwelling that was unsafe and uninhabitable. Plywood was attached to the illegal carport structure to create walls, which lacked insulation, and were covered instead with plastic and scraps of gypsum board. The roof was not weather tight and there were broken and missing windows. The utilities leading to the structure (electrical, sewer, and plumbing) were illegally run from the main house, above ground. The tenant permitted an interior inspection and no smoke detectors were found in the living space or sleeping areas:-The porch overhang at the door giving access to the structure was unstable and of substandard construction. Staff worked with the occupants to find alternative housing, and the tenants vacated the property on July 26, 2009. Combustible debris remains on the property in the form of trash, broken and discarded furniture, tree trimmings, tires, scrap wood, dry weeds, and dead vegetation. On August 6, 2009 a public nuisance hearing was held ordering: 1) The owner shall abate all nuisance conditions on or before September 17, 2009. 2) Demolish the rear structure under a building permit; or obtain a building permit and land use approval and build the structure to current code. The property owner has not initiated corrective action despite repeated efforts by staff, and the property is an increasing fire hazard as weeds grow and dry out. To date, the main house and rear structure remain vacant. CRA AGENDA ITEM NO. 1 ' f I I - I I Staff has obtained an abatement warrant, completed the lead and asbestos survey of the rear structure, and obtained bid proposals for the nuisance abatement. Both asbestos containing materials and dead paint exist in the rear structure. DISCUSSION: ' i A Request for Proposals for nuisance abatement was issued on May 4, 2010. The bid submittal date was May 18, 2010, and the results were as follows: I BIDDER BID AMOUNT { Beckco, Incorporated $7,600 MGG Services $7,450 { - AON, Incorporated $5,000 Dakeno, Incorporated $4,990 Environmental Klean-up $5,174 Warren Duncan Contracting $9,790 Staff recommends that the Agency contract with Dakeno Incorporated to clear all public nuisance conditions. The main house will remain. i Staff has recorded a Notice of Corrective Action against the property to notify any persons checking title at this time that this action is pending. Reimbursement of the survey and nuisance abatement costs will be pursued through a special assessment by recording a lien against the property with the Office of the County Recorder. The total amount of the lien will be calculated when the nuisance abatement is complete, and will include administrative and legal costs. The Municipal Code, Section 8.04.120, requires a five-day posting of the final costs before the Notice of Lien can be recorded against the.property. Staff will return to the City Council for this action upon conclusion of the work. I FISCAL IMPACT: The cost of the Lead and Asbestos Survey of $1,250 was paid from an existing Agency Account for Professional Services. Funds for the abatement are available in the Fiscal Year 2009 2010 Redevelopment Capital Projects Fund. Prepared by, v Jeanne Ruvolo, Code Compliance Officer I - Respectfully submitted, I Joyce Powers Community and Economic Development Director PJ.r A I { I Manager Approval: Betsy Nf Adams City Manager/CRA Executive Director ATTACHMENTS: 1. Photographs of 12559 Michigan Street 2. Abatement Warrant 3. Contract for Nuisance Abatement 3 � I 1 I I ' Exterior view a fy�•"�► '`Y 2,11 -x,from Michigan Street. a •^ �j `e"e ¢F t,;`,::Fr' •'fir ar 1 f i Al ZT I ' I _ �r�`.'x'�;`i::CsyT.,,e'�'91 ' / •`'y ..� t .rf I �•"'�'a;•� ,'� ,�--' ,-• :r,.- •`��s.tr.>� „vow^ , �y. Jam`' �r. �x •r _ :-�'�=`°;:'w"°=:;. :�:..'�uu`d:: ' 2^��ir:r ,34,r�;`u; 'a32z.o' �, �,>s•A,y.�,," f=65 1 �• :-}�F�_:'.�s�"t�Y�-'��' I '1 �\ }' .��'aµ,:.� ~ .. �.�6'.p.s.;'E;:�..x•`,'G, ':,,v{`p';mix; .{;.:+4�a:- -` 1 � I I 1 , ' I I r - i 1 ; 1 • f I ' I 1 I L do •-N.„� �- h`( 'ff�' ` S.Yk �. -=1� t•Rf#r�2;,+�4Tt'� '*�'" r',�''! �r �^„: i r 4 t � " y,, •k-'�`��is} i � .i4' •',� .wx �#��"..� ur, +'•�4 y�•.H.. .`` 3.' �. �M- a,l`2t .s7r•� f. �tY�Y��sa�i �.: �,''�� s't.G. � L�� r� h'�'•lTs i�s r ° � .t. "} +�ta'grt�i' r t t _ ' �iF..' - ' :.,e� •^�' �^"'Zrl f s.rt..',iJ'. .*�q,,,'Krt��'q.4'� t'4F" .n �� � .t � � t- # i{' � a xs R� � �. �1(`y�a��_r •�'� r:GG.'iiTT 'C1 W���?• ".•y"'� S+• 1 `� ! mot.. �.•"f s� .0 ^ � � F S• y, j'"�i .An'�� a 4t,u� 1y •�` h� ��1' .•'udlS�g+�Frt�Y�. Li'ty� 1 .Z f X � • `�Ila�'4 K'T'� Iy �}• .:3 rg .r r T•' r ,�i �t�e r ATTACHMENT NO. 2 Agreement with Dakeno, Inc. F PROFESSIONAL CONTRACTOR SERVICES AGREEMENT Company: DAKENO, INC. CSLB #250091 Address: 6021 Tarragona Drive, Riverside, CA 92509 Building Demolition and Lot Clearing Job Site: 12559 Michigan Street, Grand Terrace THIS PROFESSIONAL CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into this 241h day of May 2010, ("Effective Date") by and between the REDEVELOPMENT AGENCY of the City of Grand Terrace ("Agency"), a public entity, and DAKENO, INC., ("Contractor"). 1. Scope of Services. Agency agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services more particularly described in Exhibit"A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with Building Demolition and Lot Clearing at 12559 Michigan Street, Grand Terrace, CA ("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until July 12, 2010, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed four thousand nine hundred ninety dollars ($4,990.00) payable in accordance with the terms set forth in Exhibit"A". Said payment shall be made in accordance with Agency's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Agency at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agency: To Contractor: City of Grand Terrace Dakeno, Inc. Attn: Jeanne Ruvolo Attn: Marcia Miller 22795 Barton Road 6021 Tarragona Drive Grand Terrace, California 92313 Riverside, CA 92509 5. Prevailing Wage. Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Contractor, and Contractor's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Contractor acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Contractor, or to Contractor's employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Contractor shall defend, indemnify and hold the Agency, City of Grand Terrace, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to Contractor in the performance of this Agreement, notwithstanding that the Agency and/or Agency may have benefited from their services. This indemnification provision shall apply to any,acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the Agency incurs or makes to or on behalf of an injured employee under the Agency's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the Agency's execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. c 12.1.1 Limitations. These minimum,amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The Agency, its officers, employees and,agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor's sole expense. ` 12.2 Workers' Compensation Insurance: By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Contractor shall file with Agency either(1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self- insured for such coverage, or(2) a certified statement-that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with Agency. Any certificate filed with Agency shall,provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to Agency's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability.insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Contractor's insurance policies. 12.3.1 Contractor's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 12.3.2 Contractor's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000.000. All of Contractor's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor's performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor's employee vehicles, non-Contractor owned vehicles and hired vehicles. 0 i 12.3.3 Prior to Agency's execution of this Agreement', copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the Agency and: shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement,.Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the Agency from claims resulting from the Contractor's activities. 12.5 Subcontractors' Insurance. Contractor shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the r subcontractors' scope.of work and activities provided in furtherance of this Agreement, including,-,but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon Agency's request, Contractor shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. ' 13. Business Tax. Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor wilt register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Contractors. Agency reserves the right to employ other Contractors in connection with the Project. ! 16. Accounting Records. Contractor shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City of Grand Terrace during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this i Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this E Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Contractor in connection with the performance of this Agreement shall be. held i confidential by Contractor, except as otherwise directed by Agency's Contract Administrator. Nothing furnished.to Contractor, which is otherwise known to the Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services;or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the Agency. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Contractor shall be and remain the property of Agency upon Agency's compensation to Contractor for its services as herein provided. Contractor shall not release to others information furnished by Agency without prior express written approval of Agency. 19. Conflict of Interest. Contractor, for itself and on behalf of the individuals listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Contractor further warrants that neither Contractor, nor the individuals listed in Exhibit "B" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Contractor warrants that Contractor has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to.be paid.to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission,fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and Agency. 23. Termination. Agency, by notifying Contractor in writing, shall have the right to terminate any or all of Contractor's services and work covered by this Agreement at any time. In the event of such termination, Contractor may submit Contractor's final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make.the report complete, subject to the Agency's rights under Sections 15 and 24 hereof. In-ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. 23.1 Other than as stated below, Agency shall,give Contractor thirty (30) days prior written notice prior to termination. 23.2 Agency may terminate this Agreement upon.fifteen (15) days written notice to Contractor, in the event: 23.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 23.2.2 Agency decides to abandon or postpone the Project. 24. Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the Agency, 11 Agency reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by Agency to Contractor. Notice of such withholding and offset shall promptly be given to Contractor by Agency in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the Agency, Agency will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned'by Contractor, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of' competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby, waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall,not affect any other provision, term, condition, covenant and/or restriction of-this Agreement, and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and j supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. Agency and Contractor acknowledge and agree that this Agreement'is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. I ' 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit"A"hereto, the terms contained in Exhibit"A" shall be controlling. 32. Exhibits. The following exhibit's attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A" - Scope of Services, Project Schedule, and Fees Exhibit"B" --Personnel IN WITNESS WHEREOF Agency and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A Public Entity By: BETSY M. ADAMS Executive Director r- - Attest: City Clerk/Agency Secretary APPROVED AS TO FORM: By: JOHN R. HARPER, City Attorney/Agency Counsel Company Representative, Dakeno, Inc. AANz6a 4- (Printed Name and Title) 1� EXHIBIT"A" SCOPE OF SERVICES, PROJECT SCHEDULE, AND FEES Contractor will provide the Agency with Building Demolition and Lot Clearing consistent with established local and state law and guidelines. Under this agreement, Contractor will provide, but not be limited, to the following scope of services: 1. Building demolition and site clearing of one structure located at 12559 Michigan Street. The project consists of demolition of a total of approximately 500 square feet of carport that has been illegally converted to a dwelling space. The structure to be demolished is the illegal dwelling structure to the rear of the main house. Work includes asbestos and lead-based paint encapsulation and removal, and building foundation removal. 2. Debris removal: remove all trash, debris, vegetation, feces, or other matter so as to prevent the harboring of any cockroaches, rats, or vermin and to eliminate any fire hazard associated with the accumulation of combustible debris. 3. Cap all utilities and sanitary sewer lines to the building to be demolished. General site grading shall be conducted, leaving the site completely free of all demolition debris. No work shall be performed within the public street right of way unless otherwise indicated. 4. The Contractor shall complete the demolition and removal of the rear structure, concrete slabs and footings on the property as directed by the Agency in writing. 5. The Contractor shall inspect the job site and determine the work required to demolish and remove the specified building and other miscellaneous abatement. 6. Material Disposition and Recycling: the building and appurtenant improvements and all materials resulting from their demolition or removal shall become the property of the Contractor. The Contractor shall comply with all terms and conditions of the City of Grand Terrace "Recycling and Diversion of Construction and Demolition Waste Ordinance," Section 15.58 of the Municipal Code. It is required that at least sixty percent of the estimated tonnage of construction and demolition material generated from the Project shall be diverted from landfill disposal. The sixty percent of the estimated tonnage of construction and demolition material shall not include any inert materials that are disposed in an inert backfill site. All Agency-sponsored demolition projects are required to submit a Waste Management Plan prior to beginning any demolition activities, and shall be subjected to the provisions of Section 15.58.060 "Waste Management Plan," Section 15.58.080 "On-site Practices" and Section 15.58.090 "Reporting" of the Ordinance. Contractor shall complete all of the Work of the Contract within twenty (20) working days after the date specified to Contractor in the Notice to Proceed by Agency. As a condition of Contract, Contractor and all subcontractors shall secure a business license to operate in the city of Grand Terrace, and shall also secure any other licenses or permits which may be required. 1� EXHIBIT "B" PERSONNEL Personnel will be Dakeno, Inc. owner/operators Michael Miller and Cory Miller. � r j 15 ATTACHMENT NO. 3 Copy of AbatementWarrant 1E Jeanne Ruvolo, Code Compliance Officer 22795 Barton Road Grand Terrace, CA 92313 IN THE SUPERIOR COURT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA In RE: ) ) ABATEMENT WARRANT City of Grand Terrace ) VS. (Code of Civil Procedure Sections 1822.50 et seq.) ) ) Kimlien Dang and No. 01 SECOND RENEWAL Richard Mai 8848 Citrus Avenue Westminster, CA 92683 ) COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA TO: CITY OF GRAND TERRACE COMMUNITY AND ECONOMIC DEVELOPMENT Proof, by affidavit, having been made this day before me by Jeanne Ruvolo that there is just and probable cause for believing that there are conditions in and upon the premises located �- in Grand Terrace, California legally described as San Bernardino County Assessor's parcel number 1167-271-10 and addressed as 12559 Michigan Street, Grand Terrace, Califomia, owned by Kimlien Dang and Richard Mai which constitute violations of section 17920.3, subsection (k), of the California Health and Safety Code, and section 8.04.020 of the City of Grand Terrace Municipal Code. YOU ARE HEREBY COMMANDED in the daytime, between the hours of 8:00 a.m. and 6:00 p.m. to enter the described property for the purpose of abating nuisance conditions and taking photographs and/or videotape evidence of health and safety hazards. You may also utilize the services of the San Bernardino County Sheriffs Department and other government agencies and agents of the county as may be appropriate in- the execution of this warrant. The execution of this abatement warrant shall be completed within thirty (30) days of issue as required by California Code of Civil Procedures section 1822.55. The City, within its reasonable discretion, may abate the public nuisance by taking any and all action necessary to: 1. Remove all trash, debris, vegetation, feces, or other matter so as to prevent the harboring of any cockroaches, rats, or vermin and to eliminate any fire hazard associated with the accumulation of combustible debris. 2. Solicit bids from contractors for the purpose of demolishing and/or razing the illegally converted carport on the property. City personnel and its contractors may enter the property to inspect said structure during the bid process. t 17 „ LVI UU1I1PIMIU1I ui u W %.uy s uiu process ana selection or a aemolnion contractor, City may cause the demolition of the illegal structure on the property. HAVING FOUND GOOD CAUSE BY AFFIDAVIT, reasonable forcible entry is hereby authorized, if required to conduct such abatement. Reasonable force includes the cutting of any locking device preventing any exterior gate or door from opening. HAVING FOUND GOOD CAUSE BY AFFIDAVIT, you are further commanded to restrain or control any animals located on the property with the assistance of animal control. HAVING FOUND GOOD CAUSE BY AFFIDAVIT, This warrant shall be effective as of the date below, and shall remain effective for a period of not more than thirty (30) days thereafter, unless extended or renewed. Execution of this warrant in the absence of the owner or occupant is hereby authorized. Dated this t'C� day of , 2010 01 HE t OP 77 °'Do ' AGENDA REPORT - WORKSHOP iALIFOR�IA MEETING DATE: June 8, 2010 Council Item ( X ) Planning Commission ( X) TITLE: SCAG Compass Blueprint Barton Road Specific Plan Update PRESENTED.BY:- Joyce Powers, Community and Economic Development Director RECOMMENDATION: Conduct a joint workshop, receive information and provide input as appropriate. BACKGROUND: The City was awarded a grant from the Southern California Association of Governments (SCAG) to participate in their Compass Blueprint Program. In particular the grant was awarded to allow us to evaluate the Barton Road Specific Plan area to identify mechanisms to: • Merge community preferences to maintain a quiet, small town environment with the vision to capitalize on the value of the corridor as a regional thoroughfare. • Assure that new development is sustainable through attraction of stable businesses that have a high chance to succeed given the demographics and environment of the City and region. • Evaluate current height restriction and its impact on development • Create new jobs within the City to reduce freeway traffic congestion and emissions. • Incorporate alternative means of transportation and best take advantage of the proposed Barton Road/I-215 interchange improvements • Maintain acceptable LOS for vehicular traffic while making the corridor pedestrian friendly. The $123,000 grant was awarded to the City last fall and all actions associated with the grant must be completed by the end of this fiscal year. Hogle-Ireland, Inc. was the consultant selected to assist the City with this grant projecte. To date, the following actions have been undertaken: • Community-wide survey • Stakeholder interviews Item No. 1 Joint Meeting Citv Council & Planning Commission i Page 2 of 2 • Community meetings held on March 30, 2010 and May 4, 2010. DISCUSSION: The evaluation of the BRSP considered transportation, planning and economic development. Recommendations to promote and encourage uses within the BRSP have been formulated from community input, the community survey, community meetings, stakeholders, and evaluation of transportation, planning and economic challenges and opportunities. This evening's joint meeting is the culmination of the Compass Blueprint grant process: Hogle-Ireland will finalize the recommendations to update the BRSP based on comments ` received. The final report is due to SCAG before June 30, 2010; a copy of which will be posted on the City's website: A review of items that will be discussed during the joint meeting are attached. FISCAL IMPACT There has been no fiscal impact to the City other than staff time relating to this exercise. All associated costs have been covered by the $123,000 grant. ,t Respectfully submitted, Joyce Powers Director of Community and Economic Development Manager Approval: Betsy M. Adams City Manager ATTACHMENTS: Discussion Points for the Joint Workshop i ATTACHMENT 1 Overall Obiectives and Direction for the Specific Plan Expand the boundaries of the Specific Plan Area To optimize the potential for new development within the corridor and implement strategies of the Specific Plan Expand the Village Commercial Planning Area of the Specific Plan Enhance and promote pedestrian scale developments consistent with the Village theme desired by the community throughout the corridor. The existing conditions of properties along the north side of Barton Road, between Canal Street and I-215, are more conducive to pedestrian scale developments characteristic of the Village theme. Expand allowable uses within the Planning Areas of the Specific Plan To attract specialty shops and create a niche, encourage more office and institutional uses to increase daytime population, and encourage a larger mix of synergistic uses (per economic recommendations). Establish a Community Gathering Place • Close to shopping and dining • Accessible by car, bicycle, and walking • Located along a major corridor, RTA bus route, and in proximity to I-215 Streetscape Theme and Enhancements • Gateway/Entryway Monuments • Hardscape Islands • Thematic Trellises • Enhanced Bike Lanes • Pedestrian Amenity Zones • Business/Civic Directory Signs Specific Implementation Measures Short Term (1 to 2 years) 1. Adopt revised Specific Plan to include specific recommendations for revitalizing the corridor. 2. Create an Industry Recruitment Group a. Further define priority industries b. Review marketing initiatives 3. Implement a Business/Civic Directory Sign Program 4. Identify and consider marketing initiatives to niche businesses and non-commercial entities. 5. Install thematic district banners along Barton Road (affixed to the street lights) 6. Implement a Fagade Improvement Program 7. Encourage approved developments/projects not yet constructed to incorporate design measures recommended in the Specific Plan a. Pedestrian-friendly walkways throughout the site and connecting to the street to promote connectivity between the public right-of-way and the commercial uses on the site b. Pedestrian amenity zone for people to linger, rest, and interact 8. Enhance the bike lanes for safety and visibility Mid-Long Term (3 to 7 years) 1. Construct Gateway/Entryway Monuments per the Specific Plan 2. Develop a Community Gathering Place 3. Install thematic trellis shade structures along Barton Road 4. Install hardscape islands at regular intervals along Barton Road 5. Provide pedestrian amenity zones within the public right-of-way a. Adjacent to commercial developments b. At regular intervals along Barton Road 6. Install consistent landscaping and sidewalks along Barton Road f »>, r< AGENDA REPORT �ALIFORVIA MEETING DATE: June 8, 2010 Council Item ( X ) CRA Item ( X ) TITLE: Cooperation Agreement between the City and Agency for Administrative Services PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: City Council: Approve the Cooperation Agreement for Administrative Services and authorize the City Manager to execute the Agreement. Agency: Approve the Cooperation Agreement for Administrative Services and authorize the Executive Director to execute the Agreement. BACKGROUND: Since 1980, the City and Agency have cooperated and shared costs to provide operational services for their joint operations, including sharing office space and staff resources. This type of arrangement is common among similar jurisdictions throughout the State, but is not legally required. DISCUSSION: Through the attached Cooperation Agreement for Administrative Services, the City formally agrees to provide the Agency with resources to carry out its functions under California Redevelopment Law. Those resources include staff assistance, facilities, supplies, and technical services. In turn, the Agency agrees to reimburse the City for those costs incurred by the City. The City also agrees to include the Agency within the terms of its insurance policies. The Agencys financial obligations under this Agreement are considered a debt of the Agency. Staff recommends that the City and Agency approve the Agreement to formally establish the commitment of both entities. For Fiscal Year 2010-2011, approximately 20% of the administrative costs will be paid by the Agency. The Agreement has been approved as to form by the City Attorney. Item No. 1 Joint Meeting CIA & City Council FISCAL IMPACT: The approval of the Cooperation Agreement will not create any fiscal impact beyond that presented in the fiscal year budgets approved by the Council and Agency. The agreed terms establish debt of the Agency as required by California Redevelopment Law to receive property tax increment. The Agency's estimated 2010-11 gross property tax increment revenue, including housing funds, is approximately $8 million. Respectfully submitted, `Joyce Powers Community and Economic Development Director Manager Approval: Betsy A Addms City Manager ATTACHMENT: Cooperation Agreement for Administrative Services COOPERATION AGREEMENT FOR ADMINISTRATIVE SERVICES THIS AGREEMENT is entered into as of the day of June, 2010, by and between the CITY OF GRAND TERRACE (herein the "City") and the CITY OF GRAND TERRACE REDEVELOPMENT AGENCY (herein the "Agency"). Recitals A. The City Council of the City of Grand Terrace, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), has activated the Agency and has declared itself to constitute the Agency, by Ordinance No. 25 adopted on September 27, 1979. B. Pursuant to the Community Redevelopment Law, the Agency is performing a public function of the City and may have access to services and facilities of the City. C. The City and the Agency desire to enter into this Agreement: (1) To set forth activities, services and facilities which the City will render for and make available to the Agency in furtherance of the activities and functions of the Agency under the Community Redevelopment Law; and (2) To provide that the Agency will reimburse the City for actions undertaken and costs and expenses incurred by it for and on behalf of the Agency. Agreements NOW,THEREFORE,THE CITY AND THE AGENCY AGREE AS FOLLOWS: 1. The City agrees to provide for the Agency such staff assistance, supplies, technical services and other services and facilities of the City as the Agency may require in carrying out its functions under the Community Redevelopment Law. Such assistance and services may include the services of officers and employees and special consultants. Cooperation Agreement for Administrative Services 5/2.1/2010 R 2. The City may, but is not required to, advance necessary funds to the Agency or to expend funds on behalf of the Agency for the preparation and implementation of a redevelopment plan, including, but not limited to, the costs of surveys, planning, studies and environmental assessments for the adoption of a redevelopment plan, the costs of acquisition of the property within the project area, demolition and clearance of properties acquired, building and site preparation, public improvements and relocation assistance to displaced residential and nonresidential occupants as required by law. 3. The City will keep records of activities and services undertaken pursuant to this Agreement and the costs thereof in order that an accurate record of the Agency's liability to the City can be ascertained. The City shall periodically, but not less than annually, submit to the Agency a statement of the costs incurred by the City in rendering activities and services of the City to the Agency pursuant to this Agreement. Such statement of costs may include a proration of the City's administrative and salary expense attributable to services of City officials, employees and departments rendered for the Agency. 4. The Agency agrees to reimburse the City for all costs incurred for services by the City pursuant to this Agreement from and to the extent that funds are available to the Agency for such purpose pursuant to Section 33670 of the Health and Safety Code or from other sources; ; provided, however, that the Agency shall have the sole and exclusive right to pledge any such sources of funds to the repayment of other indebtedness incurred by the Agency in carrying out the redevelopment project. The costs of the City under this Agreement will be shown on statements submitted to the Agency pursuant to Section 3 above. Although the parties recognize that payment may occur over a period of time, it is the express intent of the parties that the City shall be entitled to repayment of the expenses incurred by the City under this Agreement, consistent with the Agency's financial ability, in order to make the City whole as soon as practically possible. 5. The City agrees to include the Agency within the terms of the City's insurance policy. The Agency shall pay to the City its pro rats share of the costs of insurance applicable to its activities resulting from the Agency's inclusion in the City's policy. 6. 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, to be repaid to the City by the Agency with interest at the LAW rate. Cooperation Agreement for Administrative Services 5/26/2010 L IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF GRAND TERRACE By: CITY MANAGER - "CITY" CITY OF GRAND TERRACE REDEVELOPMENT AGENCY By: EXECUTIVE DIRECTOR - "AGENCY" APPROVED AS TO FORM: John R. Harper City Attorney By: CITY ATTORNEY Date: Cooperation.agreement for Administrative Services 3 i/31/3010 S ' r >., t �1'I'FOR11a AGENDA REPORT MEETING DATE: June 8, 2010 Council Item (X) CRA Item (X) TITLE: Fiscal Year 2010-2011 Proposed Operating Budget PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Staff Recommends the City Council Receive the Fiscal Year 2010- 2011 Proposed Operating Budget and Begin the Budget Adoption Process. BACKGROUND: A preliminary overview of the Fiscal Year 2010-2011 (FY 2010-11) Proposed Operating Budget was presented to the City Council at the Budget Workshop on May 25, 2010 along with three budget issues. After this meeting, it was discovered that the $1,500 cost of the security system for the Child Care Center was inadvertently left out of the General Fund budget number. This has been corrected in the staff report for the formal review of the FY 2010-11 Proposed Operating Budget for the June 8, 2010 Council Meeting. The cells in each table impacted by this �} $1,500 change have been highlighted in bright yellow for ease of identification when comparing the June 8, 2010 budget staff report to the May 25, 2010 staff report. The FY 2010-11 budget is scheduled for adoption at the June 22, 2010 Council Meeting and will incorporate any changes directed by the City Council at the June 8, 2010 Council Meeting. DISCUSSION: The City's FY 2010-11 Proposed Operating. Budget reflects revenues of $17,412,398 and expenditures of$17,087,362 for all funds. A summary of total revenues and expenditures for each fund is provided on the following page. There are six funds where proposed expenditures exceed estimated revenues — General Fund, Street Fund, Park Fund, Traffic Safety Fund, Waste Water Disposal Fund, and Capital Project Fund. Four of the funds, General Fund, Street Fund, Park Fund and Waste Water Disposal Fund, have fund balance (reserves) available. The Traffic Safety Fund shortfall will be offset by future net revenues as the City catches up on previously owed payments to Redflex. The negative balance for the Barton Bridge in the Capital Project Fund will likely be transferred to the Capital Projects Fund when future redevelopment capital projects are considered later in the fiscal year. After the summary of total revenues and expenditures by fund, the following three budget issues will be reviewed: ■ Repayment plan for $4,606,950 advance from the Community Redevelopment Agency (CRA) to-the General Fund. ■ General Fund reserve designations for FY 2010-11. ■ General Fund operating budget balanced with use of reserves. Item No. 2 Joint Meeting CRA & City Council r Y 2u I u-I l Proposed Operating Jtatt Keport June 8,2010 Page Number 2 FY 2010-11 Proposed Operating Budget Fund Summary of Revenues & Expenditures Fund Fund Projected Projected Variance # Description Revenue Expenditures +/ 10 General 4,404,539 4,843,812 11 Street 4,000 91,500 12 Storm Drain 500 0 500 13 Park 7,250 16,629 14 SLESF (AB3229 COPS) 100,000 100,000 0 15 Air Quality Improvement 14,350 700 13,650 16 Gas Tax 364,303 353,459 10,844 17 Traffic Safety 85,000 85,650 19 Facilities 800 0 800 20 Measure "I" 145,500 97,342 48,158 21 Waste Water Disposal 1,501,800 1,645,615 - 22 CDBG 62,781 62,781 0 26 Landscape & Lighting 14,335 14,065 270 32 Capital Projects I'044,630 1,044,630 0 33 Debt Service 7,065,292 6,363,555 701,737 34 Low-Moderate Housing 1,650,715 1,326,010 324,705 46 Capital Improvements - Streets 91,500 91,500 0 47 Capital Proj ect- Barton/Colton Bridge 855,103 950,114 Fund Total $17,412,398 $17,087,362 $325,036 General Fund-Advance from CRA The $4,606,950 advance from the CRA consists of two elements - property tax increment misallocated to the General Fund instead of the CRA during Fiscal Years 1991-92 through 1996- 97 which was only partially repaid plus transfers from the CRA to the General Fund in Fiscal Years 1990-91 through 2000-01. The Low-Mod Housing Fund is owed $300,205 with the balance of$4,306,745 owed to the Capital Projects Fund. At the third quarter budget review, the City Council was informed of the City Attorney's legal opinion that forgiving a portion of the advance from the CRA was not possible, so the $4,606,950 will need to be repaid. The City Attorney's legal opinion also stated that the City Council must have the option to review and adjust the repayment schedule each year, and this will be incorporated into the annual budget process. The City Council recently amended the plan for the CRA which extended the time period of the Agency through July 15, 2024. The General Fund's repayment of the $4,606,950 to the CRA will run through June 2024 (14 years) resulting in annual payments of $329,068 prior to the inclusion of interest. Using the April 2009 Local Agency Investment Fund (LAIF) rate of 0.588%, the payment for Fiscal Year 2010-11 will be $348,417. In reviewing available financial records, Staff identified two transactions that address the FY 2010-11 repayment. In the first, the General Fund loaned $538,838 to the CRA in February 2003 of which only $271,216 has been repaid. The balance of$267,622 will be forgiven by the ! Y !U I U-I I Proposed Uperating matt Keport June 8.2010 Page Number 3 General Fund. In the second, the General Fund purchased a .5 acre parcel, APN # 1167-271-11, from the CRA for $138,000 which the Agency would like to reacquire for a potential future Habitat for Humanity home building project. The General Fund will transfer this property to the Low-Mod Housing Fund. The total of the two transactions is $405,662 ($267,622 + $138,000), of which $348,417 to be applied to FY 2010-11 repayment and the remaining $57,245 toward the FY 2011-12 repayment. With the FY 2010-11 repayment, the Low-Mod Housing Fund will be repaid in full with the balance applied to the Capital Projects Fund. Staff continues to review the available financial documents to determine if there are other transactions between the General Fund and the CRA which could be applied toward the repayment of the $4,606,950 advance. With the repayment plan for the CRA advance and the FY 2010-11 repayment identified, the General Fund reserve will be reviewed. General Fund—Reserve Designation The General Fund budget shortfall requires consideration of the General Fund reserve prior to reviewing the proposed General Fund operating budget. The FY 2010-11 projected available fund balance for the General Fund reserve is $3,837,754, which equals 79% of the proposed General Fund operating budget. At the mid-year budget review for Fiscal Year 2009-10, the City Council designated $2,609,059 of the General Fund reserve in recognition of an advance of $4,606,950 from the CRA to the General Fund which had been reflected in the City's and Agency's annual financial reports for several years, but not in the operating budget. For ease of discussion, this designation has been removed and the entire General Fund reserve will be considered available until it is re-designated in as proposed below: ■ 2 years of repayments of the CRA advance to the General Fund (based on FY 2010-11 repayment of$348,417). ■ 25% of General Fund operating budget as an emergency contingency reserve (based on $4,843,812 proposed by FY 2010-11. Projected FY 2010-11 General Fund Reserve Description Available Designated Total 2 Years of$348,417 in Repayments on - 696,834 696,834 CRA Advance 25% Emergency Contingency Reserve - 1,210,953 1,210,953 (based on $4,843,812 GF operating budget) Non Designated 1,929,967 - 1,929,967 Total S 1,929,967 S 1,907,787 S3,837,754 The non designated projected General Fund reserve of $1,929,967 will be important when considering the FY 2010-11 General Fund operating budget shortfall. Before doing this, the General Fund projected revenues and proposed expenditures for FY 2010-11 will be reviewed. FY 2010-11 Proposed Operating Staff Report June 8, 2010 Page Number 4 General Fund-Projected Revenues General Fund property tax revenues are projected to decline in FY 2010-11 while other significant General Fund revenues (sales tax, licenses and permits, and childcare fees) are projected to increase slightly. The HdL Companies, the City's property tax and sales tax consultant, assisted Staff in developing the revenue projections in these two areas. The other revenue projections were developed by Staff and are very conservative, especially in the area of revenues from new development. Only projects with confirmed activity for FY 2010-11 are included in the revenue projections. This is a departure from prior fiscal year revenue projections where some anticipated projects were also included. For FY 2010-11, if additional development projects come to fruition, generating revenue for the City, then this revenue will be recognized in the budget at either the first quarter or mid-year budget review. A summary of projected revenues for the General Fund is provided below: Projected FY 2010-11 General Fund Revenues Comparison to Prior Fiscal Year Description Proposed Mid-Year Adopted Budget Budget Review Budget FY 2010-11 FY 2009-2010 FY 2009-2010 Property Taxes -1,422,000 r.. f 1,525,850 1,481,500� Licenses & Permits 591,710 575,290 654,800 Sales Tax/Sales Tax-In Lieu 784,825 751,920 986,905 Intergovernmental 42,177 123,550 63,677 Charges for Services 109,850 104,350 106,100 Planning Fees 17,850 22,050 22,900 Recreation Fees 4,000 11,300 11,300 Childcare Fees 1,024,163 1,001,000 1,042,017 Park Fees 10,950 2,500 2,500 Fines & Forfeitures 29,350 27,350 30,750 Use of Money & Property 61,664 50,500 98,500 Miscellaneous Revenue 1,000 1,273 24,000 Transfers 305,000 600,000 755,725 TOTAL $4,404,539 $4,796,933 $5,280,674 Total General Fund projected revenues of $4,404,539 in FY 2010-11 are 16.6% less than the Adopted Budget for Fiscal Year 2009-10 and 8.2% less than mid-year budget review for FY 2009-10. These revenues are nearly flat when the "double up" residual receipts payment of $300,000 is subtracted from mid-year 2009-10 revenues ($4,796,933 - $300,000 = $4,496,933). General Fund-Proposed Expenditures As with revenues, General Fund expenditures are lower in the FY 2010-11 Proposed Operating Budget, though not to the same level. The proposed General Fund expenditures have minimal service level impacts beyond those already implemented during the current fiscal year. The savings from the reduced work week for full-time employees, excluding Child Care employees, is reflected in the numbers along with the savings from the vacancy of the Secretary position in FY 2010-11 Proposed Operating Staff Report June 8,2010 Page Number 5 the City Manager's Office. The proposed General Fund expenditure budget includes no layoff of filled positions or any reduction in law enforcement contract services. Proposed FY 2010-11 General Fund Expenditures Comparison to Prior Fiscal Year Description Proposed Mid-Year Adopted Budget Budget Review Budget FY 2010-11 FY 2009-10 FY 2009-10 - City Council 47,300 42,000 48,006 City Manager 267,691 299,455 441,155 City Clerk 187,890 194,690 208,090 Finance_ 268,738 344,734 341,195 City Attorney 60,000 74,000 40,000 Building & Safety 135,543 124,310 124,310 Public Works(+Portion of Community services) 232,669 128,120 128,120 Community Events(formerly Community services) 55,201 520,835 542,660 Rental Inspection 65,043 59,430 59,430 Enforcement Programs (+portion of community services) 134,039 0 0 Non Departmental 300,715 736,900 301,657 Facilities Maintenance 103,200 0 0 Community Development - Planning 211,103 279,917 318,020 Information Systems 78,541 106,940 107,640 Law Enforcement 2,025,596 1,723,731 1,772,931 Child Care Services ____ _ 871,832__- 862,305 884,440 Park Maintenance ___ 174,171 205,980 210,980 NPDES (formerly in Waste Water Fund) 91,891 0 0 Storm Drain Maintenance 16,000 4,500 4,500 Planning Commission 2,500 3,950 3,950 Historical/ Cultural Commission 1,200 1,200 1,200 Senior Citizens Program 51,836 58,350 54,150 Emergency Operations Committee/CERT 10,320 _ 17,077 12,650 Transfer to Gas Tax 0 0 32,500 Transfer to SLESF (COPS) 0 0 153,418 Cost Allocation w -549,207 -568,151 -568,151 TOTAL $4,843,812 $5,220,273 $5,222,845 Total proposed General Fund expenditures of$4,843,812 in FY 2010-11 are 7.3% less than the Adopted Budget for FY,2009-10 and the mid-year budget review for FY 2009-10. Several changes were made in classifying General Fund expenditures which need to be noted: ■ Community Services is no longer treated as a department since it does not have a department head and its responsibilities were divided between Community Development and Public Works, with the Child Care Center and Senior Center reporting to the City Manager's Office. ■ Housing has been transferred from Building & Safety to Community Development. S FY 2010-11 Proposed Operating Staff Report June 8, 2010 Page Number 6 ■ Enforcement Programs was created for Animal Control, Household Hazardous Waste and Weed Abatement contract services. ■ National Pollutant Discharge Elimination System (NPDES) expenditures ($91,891) and revenues ($13,000) were transferred from the Waste Water Disposal Fund. ■ Only $100,000 of expense for SLESF (COPS) grant-funded Deputy position is in the SLESF Fund with the balance remaining in the General Fund. In prior fiscal years, a budget transfer from the General Fund was made to the SLESF Fund and the entire expense of the Deputy position was shown there. This gave the appearance that the position was still fully grant funded when the grant only funds $100,000. Budgeting for the position that way understated the true cost of law enforcement services in the General Fund by $198,418. General Fund Budget Shortfall Proposed General Fund expenditures of $4,843,812 exceed projected General Fund Revenues $4,404,539 by $439,273 for FY 2010-I1. It is important to provide information on two areas which contribute to General Fund budget shortfall along with one which helps to offset it: ■ NPDES is a federally mandated program administered by the states. Allowable fees do not come close to matching the cost to provide NPDES services. For FY 2010-11, the NPDES program is projected to cost $78,891 more than the fees it will generate. In prior fiscal years, this loss was borne by the Waste Water Disposal Fund which is no longer in a position to do so. For this reason, NPDES has been transferred to the General Fund. Staff is examining the potential for additional NPDES fees to help offset this new burden on the General Fund. ■ San Bernardino County's Sheriff s Department has provided the City with written notification of potential 7.2% increase in law enforcement contract services ($144,410). The majority of the increase is due to cost of living adjustments scheduled for to take effect July 1, 2010. The Sheriffs Department employees are currently voting on proposed contract changes which would reduce the City's law enforcement contract services increase by approximately $70,000. The results of this vote are anticipated to be available after June 15. ■ $57,109 in additional General Fund budget savings for FY 2009-10 has been identified. Applying this toward the FY 2010-11 General Fund budget shortfall reduces it to $382,164. The General Fund budget shortfall, summarizing the information just provided, is shown below: FY 2010-11 General Fund Budget Shortfall .,r•.a,«saw.-.ar....--vessres✓anrv_...u.:.e:.+..ce+vsc.�-.�,.arxy�.,wa..w...,.�sa....r.�s.........rse,,.n -c-.,r_+.r1,ma.a.n.,...:rw.srm�a:.ew'nn�+ran�;:cw.m General Fund Revenues $4,404,539 Less General Fund Expenditures -4,843,812 General Fund Budget Shortfall -439,273 a Additional FY 2009-10 General Fund Budget Savings 57,109 General Fund Budget Shortfall (9.96% of GF Reserve) -382,164 Potential Law Enforcement Contract Savings 70,000 Potential General Fund Budget Shortfall (8.13% of GF Reserve) -$312,164 FY 2010-11 Proposed Operating Staff Report June 8,2010 Page Number 7 The use of$380,664 in reserves represents 9.92% of the General Fund reserve. If the Sheriff's Department employees approve contract reductions, then $312,164 of the General Fund reserve, 8.13%, would need to be used to preserve the existing services the City provides to the public. If the City Council authorizes the use of reserves to balance the General Fund operating budget, the General Fund reserve would reduced by either $382,164 or $312,164, as shown in the following two tables: Projected FY 2010-11 General Fund Reserve (use$382,164 to balance GF operating budget) Description Available Designated Total 2 Years of$348,417 in Repayments on - 696,834 696,834 CRA Advance 25%Emergency Contingency Reserve - 1,210,953 1,210,953 (based on$4,843,812 GF operating budget) Non Designated 1,547,803 - 1,547,803 Total $1,547,803 $1,907,787 . $3,455,590 The FY 2010-11 projected available fund balance of $3,455,590 equals 71% of the proposed General Fund operating budget. Projected FY 2010-11 General Fund Reserve (use$312,164 to balance GF operating budget; assume$70,000 law enforcement savings) Description Available Designated Total 2 Years of$348,417 in Repayments on 696,834 696,834 CRA Advance 25% Emergency Contingency Reserve - 1,210,953 1,210,953 (based on$4;843,812 GF operating budget) Non Designated 1,617,803 - 1,617,803 Total $1,617,803 $1,907,787 $3,525,590 The FY 2010-11 projected available fund balance of $3,525,590 equals 73% of the proposed General Fund operating budget, assuming the $70,000 in law enforcement savings is realized. Staff recommends the use of reserves to balance the FY 2010-11 General Fund operating budget. The City Council would have the opportunity to revisit the decision to use reserves at the first quarter and mid-year budget reviews. FISCAL IMPACT: The fiscal impacts of the FY 2010-11 Proposed Operating Budget are detailed within this staff report. FY 2010-11 Proposed Operating Staff Report June 8, 2010 Page Number 8 Respectfully submitted, ,-7 Betsy . Adams City Manager ATTACHMENTS: The FY 2010-11 Proposed Operating Budget book was provided to Council for the Budget Workshop on May 25, 2010. A copy is on file with the City Clerk and is also available on the City's website. vchlist Voucher List Page: 1 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65298 5/19/2010 011007 BLUE SHIELD OF CALIFORNIA June 104365575-�June COBRA Health-Berry Family 10-180-142-000-000 836.55 Total: 836.55 65299 5/19/2010 011071 STANCKIEWITZ,W June 00-0010161 1 HEALTH INS REINBURSEMENT-W.STANCKIEWITZ 10-110-142-000-000 36806 Total: 368.06 65300 5/20/2010 010290 KAISER PERMANENTE June 00-0005559E JUNE HEALTH CARE-GARCIA 10-110-142-000-000 36806 10-110-120-000-000 25000 10-110-273-000-000 53.94 Total: 672.00 65301 5/22/2010 010764 SAFEGUARD DENTAL&VISION 3094119 MAY EMPLOYEE/DEPENDENT VISION INSURANCE 10-022-61-00 148.21 10-180-142-000-000 14.27 Total: 162.48 65302 5/24/2010 010996 CA PUB EMPLOYEES' RET.SYSTEM H2O10061493000 JUNE EMPLOYEE HEALTH INSURANCE Page. 1 COUNCIL AGENDA ITEM NO.,Jf 1 vchlist Voucher List Page. 2 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65302 5/24/2010 010996 CA PUB EMPLOYEES'RET.SYSTEM (Continued) 10-120-142-000-000 349.65 10-125-142-000-000 552.10 10-140-142-000-000 828.15 10-172-142-000-000 18404 10-175-142-000-000 147.22 10-180-142-000-000 791 34 10-190-265-000-000 72.19 10-370-142-000-000 625.70 10-380-142-000-000 368.06 10-440-142-000-000 2,313.36 10-450-142-000-000 276.05 16-175-142-000-000 736.10 21-572-142-000-000 349.66 32-200-142-000-000 53369 32-370-142-000-000 40487 34-400-142-000-000 515.25 10-022-61-00 7,114.78 Total• 16,162.21 65303 5/24/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 5-14-10 CONTRIBUTIONS FOR PR END 5/14/10 10-022-62-00 18,233.69 Total. 18,233.69 65304 5/25/2010 001907 COSTCO#478 0478 05 0162 8 C. CARE SUPPLIES 10-440-220-000-000 16836 Total. 168.36 65305 5/25/2010 001907 COSTCO#478 0478 10 0250 15 C. CARE SUPPLIES 10-440-220-000-000 190.40 Total. 190.40 65306 5/27/2010 010183 UNION PACIFIC RAILROAD May 5,2010 Railroad Grant Rights 47-100-250-005-000 9,006.00 Total 9,006.00 65307 5/27/2010 010998 AETNA AARP PLANS 4710331006 June Health Ins.-B. Cortes $368.06 Page: 2 vchlist Voucher List Page: 3 O6/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: loofa Voucher Date Vendor Invoice Description/Account Amount 65307 5/27/2010 010998 AETNA AARP PLANS (Continued) 10-110-142-000-000 368.06 10-110-120-000-000 172.94 Total: 541.00 65308 6/2/2010 001907 COSTCO#478 0478 10 0042 70 C CARE SUPPLIES 10-440-220-000-000 153.87 Total: 153.87 65309 6/2/2010 006772 STANDARD INSURANCE COMPANY June 00607869 OC JUNE EMPLOYEE LIFE&DISABILITY INSURANC 21-572-142-000-000 598 32-370-142-000-000 6.77 34-400-142-000-000 10.33 34-800-142-000-000 2.78 32-200-142-000-000 11.10 10-185-142-000-000 6.95 16-175-142-000-000 1389 10-022-66-00 1,176.53 10-120-142-000-000 11.47 10-125-142-000-000 10.42 10-140-142-000-000 15.63 10-172-142-000-000 3.48 10-175-142-000-000 2.78 10-180-142-000-000 18.15 10-370-142-000-000 10.31 10-380-142-000-000 6.95 10-440-142-000-000 54.35 10-450-142-000-000 5.21 Total: 1,373.08 65310 6/2/2010 010737 WESTERN DENTAL SERVICES INC. June 002484 773C JUNE EMPLOYEE DENTAL INSURANCE 10-022-61-00 7362 Total: 73.62 65311 6/2/2010 006772 STANDARD INSURANCE COMPANY 160513170-00007 JUNE EMPLOYEE/DEPENDENT DENTAL INSURANCE 10-022-61-00 1,27300 10-180-142-000-000 4408 Page: 3 vchlist Voucher List Page: 4 06/02/2010 1.57:52PM CITY OF GRAND TERRACE Bank code. bofa Voucher Date Vendor Invoice Description/Account Amount 65311 6/2/2010 006772 STANDARD INSURANCE COMPANY (Continued) Total: 1,317.08 65312 6/2/2010 001206 ARROWHEAD CREDIT UNION Apr/May 2010 Apr/May Visa Purchases 10-110-220-000-000 Dinner between Council sessions 45.69 10-440-210-000-000 Planner refills for next year 53.21 10-440-223-000-000 School Age Supplies 43.89 10-440-221-000-000 Mother's Day Tea Supplies 2983 10-440-228-000-000 Preschool Supplies 53.79 16-900-220-000-000 Guard Rail and Post 609.44 10-808-708-000-000 CERT Trailer Equipment 31.49 10-180-268-000-000 Pesticide Training-Agudo 20.00 Total: 887.34 65313 6/8/2010 010019 5 POINT AUTO SERVICE 15268 Vehicle Maint.-Tahoe 34-800-272-000-000 36.73 Total: 36.73 65314 6/8/2010 001024 ACCENT PRINT&DESIGN 254494 SR. CTR NEWSLETTER PRINTING 10-805-222-000-000 12930 Total: 129.30 65315 6/8/2010 001213 AT&T May 091031-1941 May/June Equipment/Internet Service 10-190-235-000-000 60.00 May909 824-7013 May/June C.Care DSL Service 10-440-235-000-000 7974 Total: 139.74 65316 6/8/2010 011127 AUSTIN,JESSICA 05202010 Political Sign Refund 23-302-70-00 5000 10-200-07 5000 Total: 100.00 65317 6/8/2010 010293 AVAYA, INC. 2730017085 PHONE&VOICEMAIL MAINTENANCE 10-190-246-000-000 183.46 Total: 183.46 65318 6/8/2010 011082 BAILES, ROBERT May 2010 May PI Comm Stipend 10-801-120-000-000 5000 Page: 4 Ci vchlist Voucher List Page: 5 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code• bofa Voucher Date Vendor Invoice Description/Account Amount 65318 6/8/2010 011082 BAILES, ROBERT (Continued) Total: 50.00 65319 6/8/2010 001740 CDW GOVERNMENT INC SRK8753 BACKUP TAPES&PLOTTER SUPPLIES 10-380-210-000-000 326.90 SRN2500 BACKUP TAPES&PLOTTER SUPPLIES 10-380-210-000-000 31754 Total: 644.44 65320 6/8/2010 010866 CIVIC PLUS 80566 WEBSITE MAINT FEE 10-125-250-000-000 633.25 Total• 633.25 65321 6/8/2010 001867 COMMERCIAL LANDSCAPE SUPPLY 167085 LANDSCAPE SUPPLIES 10-450-245-000-000 621 15 Total: 621.15 65322 6/8/2010 001930 DAILY JOURNAL CORPORATION B1826582 LEGAL ADVERTISING 10-125-230-000-000 18480 B1830956 LEGAL ADVERTISING 10-125-230-000-000 81 40 Total: 266.20 65323 6/8/2010 010711 DANKA FINANCIAL SERVICES 72190626 TOSHIBA COPIER LEASE E-STUDIO 310 10-172-246-000-000 6383 10-175-246-000-000 31.91 34-400-246-000-000 63.83 Total: 159.57 65324 6/8/2010 001950 DATA QUICK B1-1774649 Apr Subscription Srvs 10-380-250-000-000 43.50 21-572-246-000-000 43.50 34-800-220-000-000 43.50 Total: 130.50 65325 6/8/2010 001942 DATA TICKET INC 31643 PARKING CITE PROCESSING SERVICES 10-140-255-000-000 100.00 Total: 100.00 Page: 5 vchlist Voucher List Page: 6 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65326 6/8/2010 001960 DELL MARKETING L.P. XDTDN59T4 EXTENDED SERVICE CONTRACT 5FDK5B1- 34-800-220-000-000 211 5 Total: 211.57 65327 6/8/2010 002082 DISCOUNT SCHOOL SUPPLIES D12324130102 TINY TOT SUPPLIES 10-440-221-000-000 29357 Total: 293.57 65328 6/8/2010 002247 ELEMENT K CORPORATION 10101834 1 YR.SUBSCRIPTION-NETWORKING& 10-380-268-000-000 99900 Total: 999.00 65329 6/8/2010 011123 FERRIS, DENISE May 20,2010 Spay Refund-Tag 1943 10-200-15 12.50 Total: 12.50 65330 6/8/2010 011106 FRACO ENTERPRISES INC 300.4 BASEBALL FIELD PROJ DESIGN/ENGINEERING 32-600-312-000-000 379.20 Total: 379.20 65331 6/8/2010 002740 FRUIT GROWERS SUPPLY 90529341 MAINTENANCE AND SUPPLIES 10-450-245-000-000 307.40 90534894 MAINTENANCE AND SUPPLIES 10-450-245-000-000 1044 90535838 MAINTENANCE AND SUPPLIES 10-450-245-000-000 10.71 90540062 MAINTENANCE AND SUPPLIES 10-450-245-000-000 301 19 90540111 MAINTENANCE AND SUPPLIES 10-450-245-000-000 6.85 90540719 MAINTENANCE AND SUPPLIES 10-450-245-000-000 31 69 Total: 668.28 65332 6/8/2010 002901 G.T AREA CHAMBER OF COMMERCE 6029-AD May Contribution 32-370-213-000-000 870.00 Page. 6 C, vchlist Voucher List Page: 7 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code. bofa Voucher Date Vendor Invoice Description/Account Amount 65332 6/8/2010 002901 G.T.AREA CHAMBER OF COMMERCE (Continued) Total: 870.00 65333 6/8/2010 010164 GREAT-WEST PR END May 14,,Contributions for PR End 5/14/10 10-022-63-00 5,972.12 Total: 5,972.12 65334 6/8/2010 010559 GST-JAGUAR JO1315602 Printer Cartridges 10-370-210-000-000 330.43 JO1315649 Toner Cartridge 10-180-210-000-000 128.15 Total: 458.58 65335 6/8/2010 003170 HdL COREN&CONE 0015881-IN Apr-June 2010 Property Tax/Contract Srvs 32-370-255-001-000 62500 Total: 625.00 65336 6/8/2010 010632 HIGH TECH SECURITY SYSTEMS 91559 SECURITY CAMERA MAINT.AGREEMENT 10-180-246-000-000 20.00 10-450-246-000-000 60.00 Total: 80.00 65337 6/8/2010 003171 HINDERLITER de LLAMAS&ASSOC 0016467-IN Oct-Dec 2009 Sales Tax/Audit Srvs 10-140-250-000-000 612.50 32-370-250-000-000 612.50 Total: 1,225.00 65338 6/8/2010 003224 HYDRO-SCAPE PRODUCTS INC. 06363481-00 LANDSCAPE/MAINTENANCE SUPPLIES 10-450-245-000-000 59596 Total: 595.96 65339 6/8/2010 010773 KELLAR SWEEPING INC. 5182 STREET SWEEPING SERVICES 16-900-254-000-000 4,200.00 Total: 4,200.00 65340 6/8/2010 004203 KNOTTS BERRY FARM 05252010 End of Yr.field trip-Child Care 10-440-223-000-000 329.85 Total. 329.85 Page: 7 vchlist Voucher List Page: 8 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65341 6/8/2010 006880 L-1 IDENTITY SOLUTIONS Apr 360910764 Fingerprint Srvs-Peragi 10-440-228-000-000 18400 Total: 184.00 65342 6/8/2010 010690 LSA ASSOCIATES INC. 98181 F TOWN SQUARE MASTER PLAN EIR 32-600-212-000-000 53000 Total: 630.00 65343 6/8/2010 010611 MCNABOE, DARCY May 2010 May PI Comm Stipend 10-801-120-000-000 5000 Total• 50.00 65344 6/8/2010 011092 METLIFE SBC KM05754034 000:JUNE EMPLOYEE/DEPENDENT DENTAL INSURANCE 10-022-61-00 203.58 10-180-142-000-000 5000 KM05754034 000E MARCH CREDIT-M.GARCIA 10-022-61-00 -17 86 Total: 235.72 65345 6/8/2010 011125 MIKE MORRELL FOR STATE ASSEMBL 05202010 Political Sign Refund 23-302-72-00 5000 10-200-07 5000 Total: 100.00 65346 6/8/2010 004670 MIRACLE MILE CAR WASH 412337 VEHICLE MAINTENANCE 10-440-272-000-000 3500 Total: 35.00 65347 6/8/2010 010546 MPOWER COMMUNICATIONS June 387767 June Phone Service/Lines 10-450-235-000-000 68.95 10-440-235-000-000 306.92 10-805-235-000-000 71 66 June 387798 June Phone Service/Lines 10-380-235-000-000 20000 10-190-235-000-000 1,014.73 10-808-235-000-000 66.33 Total: 1,728.59 Page: 8 vchlist Voucher List Page: 9 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65348 6/8/2010 010097 NEXTEL COMMUNICATIONS 410575025-093 Apr/May Wireless Svc-Maint/Child Care 10-180-240-000-000 446.87 10-440-235-000-000 5006 Total: 496.93 65349 6/8/2010 005400 OFFICE DEPOT 518827740001 Toner Cartridge 10-120-210-000-000 150.80 519451971001 Office Supplies 10-140-210-000-000 14.18 Total: 164.98 65350 6/8/2010 011126 PAT GILBREATH FOR ASSEMBLY 05202010 Political Sign Refund 23-302-71-00 50.00 10-200-07 50.00 Total 100.00 65351 6/8/2010 005586 PETTY CASH 06012010 Replenish C Care Petty Cash 10-440-220-000-000 747 10-440-221-000-000 3961 10-440-223-000-000 41 43 10-440-228-000-000 62.10 Total: 150.61 65352 6/8/2010 010099 QUIEL BROS SIGNS 32329 Retention Balance 32-600-309-000-000 6,58500 60300 Install Lexan Led Cover 32-600-309-000-000 359.97 Total: 6,944.97 65353 6/8/2010 005720 QUILL CORP 5592742 Micr Toner 10-140-210-000-000 234.89 Total: 234.89 65354 6/8/2010 010171 REPUBLIC ELECTRIC 410112 April Signal Maintenance 16-510-255-000-000 451 68 Total: 451.68 65355 6/8/2010 006341 ROSENOW SPEVACEK GROUP INC. 0024337 Feb Redevelopment Plan Amendment Page: 9 vchlist Voucher List Page: 10 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65355 6/8/2010 006341 ROSENOW SPEVACEK GROUP INC (Continued) 32-370-255-000-000 1,266.25 0024338 Feb Pass Through-Calculation and Adm. 34-400-251-000-000 85000 Total: 2,116.25 65356 6/8/2010 006531 S B.COUNTY SHERIFF 9589 January Law Enforcement Services 10-410-255-000-000 4,22477 10-410-256-000-000 128,464.33 14-411-256-000-000 23,783 90 9961 LAW ENFORCEMENT SERVICES 10-410-255-000-000 4,22477 10-410-256-000-000 128,464 33 14-411-256-000-000 23,783.90 Total 312,946.00 65357 6/8/2010 006778 STAPLES 8015510662 7062570486-000-001 Supplies 34-400-210-000-000 833.40 Total• 833.40 65358 6/8/2010 011124 STONER, ED May 19,2010 Rollins Refund 5/16/10 10-450-01 2000 Total 20.00 65359 6/8/2010 006898 SYSCO FOOD SERVICES OF L.A. 0050508480 FOOD&SUPPLIES 10-440-220-000-000 572.79 0051911451 FOOD&SUPPLIES 10-440-220-000-000 707.72 0052609203 FOOD&SUPPLIES 10-440-220-000-000 450.39 2029663 Return Merchandise-Liner Roll 10-440-220-000-000 -24 06 2032289 Return Merchandise-Applesauce 10-440-220-000-000 -24 80 Total• 1,682.04 65360 6/8/2010 011110 TIME WARNER CABLE May84484005. 3E May/June Internet/Cable Srvs Page. 10 vchlist Voucher List Page: 11 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65360 6/8/2010 011110 TIME WARNER CABLE (Continued) 10-805-238-000-000 58.91 May8448405...381 May/June Internet/Cable Srvs 10-805-238-000-000 58.91 Total: 117.82 65361 6/8/2010 007034 TRANSPORTATION ENGINEERING 1033 March Professional Srvs 10-175-255-000-000 1,300.00 Total: 1,300.00 65362 6/8/2010 010693 UNITED WAY 5/14/2010 PR END 5/14/10 Donations 10-022-65-00 6950 Total: 69.50 65363 6/8/2010 007795 WAXIE 71944958 Maintenance Supplies 10-180-245-000-000 69075 Total: 690.75 65364 6/8/2010 007880 WEST GROUP 820633335 Apr/May Calif. Code Update 10-125-250-000-000 483.94 Total: 483.94 65365 6/8/2010 007920 WILLDAN 002-10070 PLAN CHECK SERVICES 10-175-255-000-000 1,840.00 002-10145A PLAN CHECK SERVICES 10-172-250-000-000 495.00 002-10147 PLAN CHECK SERVICES 10-175-255-000-000 206.12 Total: 2,641.12 65366 6/8/2010 007925 WILSON, DOUG May 2010 May PI Comm Stipend 10-801-120-000-000 50.00 Total: 50.00 65367 6/8/2010 007,987 XEROX CORPORATION 048250012 CC55 COPIER LEASE 10-190-700-000-000 371.33 Page. 11 vchlist Voucher List Page: 12 06/02/2010 1:57:52PM CITY OF GRAND TERRACE Bank code• bofa Voucher Date Vendor Invoice Description/Account Amount 65367 6/8/2010 007987 XEROX CORPORATION (Continued) 048250013 CC265 COPIER LEASE 10-190-700-000-000 294.34 Total: 665.67 70 Vouchers for bank code: bofa Bank total: 405,184.57 70 Vouchers in this report Total vouchers: 405,184.57 Page. 12 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 SERVICES 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 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 -CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT 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 PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - MAY 25,2010 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 May 25, 2010 at 4:30 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Rick McClintock, San Bernardino County Fire Department ABSENT: Sgt. Espinoza, San Bernardino County Sheriff's Department J CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT 4:30 P.M. 1. FY 2010-2011 BUDGET REVIEW WORKSHOP Betsy M. Adams, City Manager, stated that the workshop is to give the Council their first opportunity to look at what staff is putting together with regards to the proposed operating budget for next fiscal year. She gave a presentation on the key budget issues. Bernie Simon, Finance Director, gave a presentation and went over the budget document. Betsy M. Adams, indicated that she is looking for general direction with the summary that was given by Staff. Mayor Ferre adjourned the Community Redevelopment Agency and City Council Meeting at 5:46 p.m. CONVENE CITY COUNCIL MEETING 6:00 P.M. The City Council meeting was opened with Invocation by Mayor Pro Tern Garcia, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes. COUNCIL AGENDA ITEM NO J. Council Minutes 05/25/2010 Page 2 ITEMS TO ADD/DELETE -None SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month Sally McGuire, President Grand Terrace Area Chamber of Commerce, introduced Wayne Whipple, owner of Carpet Care Plus who was chosen as the Business of the Month for May 2010. B. Water Awareness Poster Contest Winners - Grand Terrace Elementary School Cynthia Coello, Principal Grand Terrace Elementary School, stated that Grand Terrace Elementary School has a wonderful partnership with Riverside Highland Water Company. She introduced Don Hough from Riverside Highland Water Company and Ms. Wock,Vice- Principal of Grand Terrace Elementary School. Don Hough, Riverside Highland Water Company, introduced the winners for the Water Awareness Poster Contest. C. Recognize New Citizen's on Patrol Members Captain Gerry Tesselaar, San Bernardino County Sheriff s Department,introduced five new Citizen's on Patrol members for the City of Grand Terrace. D. Recognize MADD Award Recipient -Deputy Ortiz Councilmember Stanckiewitz read a Commendation commending Deputy Ortiz for his outstanding service to the City of Grand Terrace and for being honored at the Mothers Against Drunk Driving (MADD) California Statewide Law Enforcement and Community Recognition Dinner. E. Burrtec - Presentation of Check for Senior Center Director of Building & Safety/Public Works Richard Shields, introduced Mike Arreguin, Vice-President Burrtec Waste Industries. Mike Arreguin,Vice-President Burrtec Waste Industries, told a story about when they were at one of their regular meetings with Staff of Grand Terrace discussing trash. Part of the conversation led to the need of several things for the Senior Center, one of them being the pool tables. Burrtec offered to purchase pool tables for the center and presented a check in the amount of$3,000.00 to make those purchases. Council Minutes 05/25/2010 Page 3 JoAnn Johnson, thanked Burrtec for the check. F. Burrtec - Presentation of New CNG Vehicle Mike Arreguin,Vice-President Burrtec Waste Industries, stated that one ofthe commitments that their company made was to convert their diesel trucks to cleaner fuel burning compressed natural gas(CNG)trucks. It takes a while to get those trucks in but the first two trucks have arrived. He invited the Council to go out and look at it. CONSENT CALENDAR CC-2010-42 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ,CARRIED 4-0 to approve the following Consent Calendar Items with the removal of Item 3F.: 3A. Approve Check Register Dated 05-25-2010 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 05-11-2010 Minutes 3D. Right-of-way Dedication at 22081 De Berry Street, Grand Terrace, CA 3E. Treasurer's Report for Quarter Ending March 31, 2010 3G. Crime Prevention Committee Minutes of April 12, 2010 ITEM REMOVED FROM CONSENT CALENDAR 3F. Budget Transfer for Payment to Union Pacific Railroad (UPRR) for Public Highway Overpass Crossing Agreement, Resolution No. 2010-07 CC-2010-43 MOTION BY MAYOR FERRE, SECOND BY COUNCILMEMBER CORTES, CARRIED 3-1-0-0 (COUNCILMEMBER STANCKIEWITZ VOTED NO), to approve the Budget Transfer for Payment to Union Pacific Railroad (UPRR) for Public Highway Overpass Crossing Agreement, Resolution No. 2010-07- PUBLIC COMMENT Roger Kowalski, 22645 Arliss Drive, reported that he and his wife have lived in Grand Terrace for 38 years and he along with his wife and daughter attended Colton Joint Unified School District Schools. He announced that he will be running for the Colton Joint Unified School District School Board C, area 3,which includes Grand Terrace in November of this year. That seat is currently held by David Zamora. In addition to addressing the particular needs of this community, including Grand Terrace High School, overall district issues such as the budget, academic performance and safety can not be ignored. He also plans on keeping a close eye on the Measure G Bond that was passed in November of 2008 and he Council Minutes 05/25/2010 Page 4 wants to encourage the District to follow through on the strategic planning that began in 2007. He believes that his 38 years in education as a teacher, coach, athletic and activities director, assistant principal, principal and director of administrative services at the district level has prepared him for a seat on the board. He is now retired, so he has plenty of time to serve the needs of the stake holders of the Colton Joint Unified School District. Charles Hornsby,22656 Brentwood Street,he doesn't feel that weed abatement at the empty lot on Mt. Vernon is enough. He feels that the time has come for the responsible parry to come in, take away the fence, get rid of the gravel bags and construction rocks, clear away the litter and level off the area as best as possible on a budget or at the very least let people know a time line of when construction is going to begin. At the last City Council Meeting, Councilmember Cortes made a big point of saying that the City should not be in the business of telling businesses operating hours and yet during all of the negotiations that went on with Miguel's move out to Barton Road, one of the big points was that they were not suppose to stay open to 10:00 p.m. So he feels that cities are in the business of doing that,they do it all the time. With Swertfeger being across the street from homes, he feels that it is a prime importance. He feels that a clarification needs to be made on the size of the lot on Canal Street for the low budget housing. He is in the affected area and a number of people were invited to a meeting five or six months ago in the Community Room with the developer. He presented the lot in the size of either.83 or.85 acres. About four weeks ago during the sign up for the Redevelopment negotiations,that same lot was presented as 1.3 5 acres. The latest figures came out in today's paper that California now has borrowed 6.9 billion from the Feds. Burga Laesser,22950 Jensen Court,thanked the City for helping her with a dog license issue. She feels that if staff or volunteers could do a city-wide dog licensing check it would bring in some revenue that could help the City. Betsy M.Adams,City Manama,stated that she will get back to the Council on the questions raised by Mr. Hornsby and Ms. Laesser. COUNCIL REPORTS Mayor Ferre, reported that a very enjoyable event occurred on Sunday,May 16,2010 in the City of Grand Terrace. The Blue Bird Quilting Shop had an author Earlene Fowler come to the store and signed books. She has read all of her books and thoroughly enjoyed going and, purchasing her book and having her sign it. The Blue Bird Quilt shop was opened and there were quite a few people there to support the shop and the book signing. La Pasta was open for a couple of hours during the book signing so those who wanted to get something to eat could after the book signing. To advertise and to make sure the community knew about this event, City News did an article on the upcoming event. They framed the article and presented one to the author and one to the shop. It was three businesses in the community that joined together to make a first class event in the City of Grand Terrace. Council Minutes 05/25/2010 Page 5 Mayor Pro Tem Garcia, reported that the Lion's Club will be holding their Annual Golf Tournament on Friday, June 4, 2010. The Fire Department will be holding their pancake breakfast on June 5, 2010. She felt that the Chamber luncheon was very enjoyable. They had a brainstorming session to talk about what they want to do in the future. She feels that as a small City we need to communicate with each other and talking about what types of things we can do to help and improve our small businesses. She encouraged everyone to come out to Market Night on June 7, 2010. She reported that Citizens on Patrol is having a fundraiser. They are selling water bottles for$10 each. Soccer Club sign-ups are going on now. She congratulated the City News for the article on Thelma Winkler turning 93 years old. She reported that one of the high lights at the Grand Terrace Day on June 26,2010 will be a tug of war between the Sheriffs Department and the Fire Department. Councilmember Bea Cortes,reported that she attended the Taste of the Terrace. There were several businesses that participated in the event. They had a lot of door prizes and all of the food was delicious. They will have another one next year. Councilmember Walt Stanckiewitz, encouraged everyone to come out and support Market Night. He also encouraged people to attend the pancake breakfast. In four days his daughter will be getting married. �r PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Appointments to Regional Government Organizations CC-2010-44 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to have Mayor Maryetta Ferrd be appointed as the Representative to the California Joint Powers Insurance Authority (Board of Directors) and that City Manager Betsy M. Adams be appointed as the Alternate Representative to the Solid Waste Task Force and the Alternate Member to the California Joint Powers Insurance Authority. CLOSED SESSION 9A. Conference with Legal Counsel - Potential Litigation - CG 54956.9 (b)(2) and GC54956.9 (c) Mayor Ferre announced that the Council met in Closed Session to have a conference with Legal Counsel regarding Potential Litigation,CG 54956.9(b)(2)and GC54956.9(c)and that Council Minutes 05/25/2010 Page 6 there was no reportable action taken. Mayor Ferre adjourned the meeting at 7:45 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, June 8, 2010 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace gk AGENDA REPORT MEETING DATE: June 8, 2010 Council Item ( X ) CRA Item ( ) TITLE: Resolutions Calling a Municipal Election—November 2, 2010, and Establishing Regulations for Candidate Statements PRESENTED BY: Brenda Mesa, City Clerk RECOMMENDATION: Adopt Resolution Calling a General Municipal Election on Tuesday, November 2, 2010 for the election of certain officers and requesting the Board of Supervisors of the County of San Bernardino to consolidate the general municipal election with the statewide general election Adopt Resolution calling for the holding of a special municipal election on Tuesday, November 2, 2010 for the election of a Council Member to fill a vacancy Adopt Resolution establishing regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 2, 2010 BACKGROUND: The San Bernardino County Registrar of Voters has conducted the City's General Municipal Elections since incorporation. In order to request their services, the City Council must adopt resolutions calling and giving notice, requesting the County services and setting regulations for candidate statements. DISCUSSION: On November 2, 2010 the City of Grand Terrace will hold its General Municipal Election. The Mayor and one (1) Council Member seat is up for election, which are presently held by Mayor Ferre and Council Member Cortes. Each seat is a four year term. In addition, there will be one (1) Council Member seat up for election to till the vacancy that was created by the resignation of Jim Miller. The vacant term will expire November 2012. The nomination period will commence on Monday, July 12, 2010 at 7:30 a.m. and close on Friday, August 6, 2010 at 5:00 p.m. The City Clerks Office will be open from 8:00 a.m. to 5:00 COUNCIL AGENDA ITEM No. 3-P w p.m. on Friday, August 61h for candidates filing nomination papers only; this is a closed Friday for all other city services. If an incumbent does not file, the nomination period will extend to Wednesday, August 11, 2010 until 5:00 p.m. for all registered voters of the city except the incumbents. FISCAL IMPACT: The County of San Bernardino Registrar of Voters Office estimates the cost for services to be $15,000. Sufficient funds are included in the draft FY2010-11 budget. Respectfully submitted: Brenda Mesa, City Clerk Manager Approval: Betsy MAdam4, Crty Manager ATTACHMENTS: Resolutions calling the Municipal Election and establishing regulations for candidate statements. I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALLING AND GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2010; FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD PURSUANT TO ELECTIONS CODE �.% SECTION 10403 RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Regular Municipal Election shall be held on November 2, 2010, for the election of municipal officers; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Grand Terrace, California, on Tuesday, November 2, 2010, a General Municipal Election for the purpose of electing a Mayor for the full term of four years and one (1) member of the City Council for the full term of four years. SECTION 2. The ballots to be used at the election shall be in the form and content as required by law. SECTION 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. The polls for the election shall be open at seven o'clock a.m. the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the elections Code of the State of California. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. li Resolution No. Page 2 SECTION 6. That pursuant to the requirements of§10403 of the Elections Code,' the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 2, 2010, for the purpose of the election of a Mayor and one (1) Member of the City Council each for full terms of four years. SECTION 7. The County Registrar of Voters is authorized to canvass the returns of the Regular Municipal Election. The election shall be held in. all respects as if there 1 Were only one election, and only one form of ballot shall be used. SECTION 8. The Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 9. The City of Grand Terrace recognizes that additional costs will be incurred by the County 'by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 10. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with California Elections Code Section 10403 and to file this Resolution with the Board of Supervisors of San Bernardino County and to transmit a copy of the same to the San Bernardino County elections official. , SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions. Maryetta Ferre, Mayor ATTEST: Brenda Mesa City Clerk ' i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF A COUNCIL MEMBER TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, a vacancy in the office of Council Member was created by the resignation of Jim Miller on March 10, 2010; and WHEREAS, the term of office in which the vacancy occurs ends November 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Grand Terrace, California, on Tuesday, November 2,-2010, a Special Municipal Election for the purpose of the election of a Council Member for the term of office in which the vacancy was created by the resignation of Jim Miller which ends November 2012. SECTION 2. The ballots to be used at the election shall be in the form and content as required by law. SECTION 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. The polls for the election shall be open at seven o'clock a.m. the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the elections Code of the State of California. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That pursuant to the requirements of§10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide General election on Tuesday, November 2, 2010, for the purpose of the election of one (1) Member of the City Council for the term of office in which a vacancy was created and which ends November 2012. C Resolution No. Page 2 SECTION 7. The County Registrar of Voters is authorized to canvass the returns, of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 8. The Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 9. The City of Grand Terrace recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 10. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to rgive further or additional notice of the election, in time, form and manner as required by law. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with California Elections Code Section 10403 and to file this Resolution with the Board of Supervisors of San Bernardino County and to transmit a copy of the same to the.San Bernardino County elections official. SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions. Maryetta Ferre, Mayor ATTEST: Brenda Mesa City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 WHEREAS, §13307 of the Elections Code of the State of California provides that the, governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal, election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Grand Terrace on November 2, 2010, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more :than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. " The statement shall be filed (in typewritten form) in the office of ,the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. a. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate statements into the following language in addition to English: Spanish. b. The County will print and mail sample ballots and candidates statements,to all voters in Spanish. SECTION 3. PAYMENT. a. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (a) above. b. The candidate shall be required to pay for the cost of printing the candidates statement in English and Spanish. C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statement filed pursuant to this section, including costs incurred as a result of complying with the voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency Resolution No. Page 2 his or her estimated pro rata share as a condition of having his or her statement included in their voter's pamphlet. In the event.the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days. of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 6. All previous Resolutions establishing Council policy on payment for r� candidates statements are repealed. SECTION 7. That this resolution shall apply only to the election to be held on Tuesday, November 2, 2010, and shall then be repealed. SECTION 8. The City Clerk shall certify to the passage and' adoption of this Resolution and enter it into the Book of Resolutions. i Maryetta Ferre, Mayor ATTEST: Brenda Mesa City Clerk `Yt �:,I.IIfFOR�IA AGENDA REPORT e MEETING DATE: June 8, 2010 Council Item(X) CRA Item ( ) TITLE: Jurisdiction Master Agreement with San Bernardino County Transportation Authority, (SANBAG) for the Michigan Street widening project. PRESENTED BY: Richard Shields,Director of Building and Safety/Public Works RECOMMENDATION: Staff recommends the City Council approve the attached Jurisdiction Master Agreement No., C 10246,between SANBAG and the City of Grand Terrace. BACKGROUND: The Michigan Street widening project is identified in the Measure I 2010-2040 Strategic Plan as a qualified Valley Major Street Program-Arterial Sub-program project eligible for partial funding from Measure I 2010-2040 revenues. Execution of the attached Jurisdiction Master Agreement by both the City and SANBAG Board will allow the City to request future Measure I reimbursement from SANBAG for eligible project expenditures. DISCUSSION: This is a new SANBAG policy for the process of securing and managing Measure I funds. This agreement is for the widening of Michigan Street from a two lane road to a four lane road between Commerce Way and Van Buren Street. The Michigan Street widening is one of three projects identified in the City's Measure I Capital Improvement Plan Expenditure Strategy as approved by the City Council and submitted to SANBAG last October. A minor amendment to the SANBAG Nexus Study is also being processed by SANBAG staff which will amend the limits of the Michigan Avenue project to match the project as currently envisioned. Both the Jurisdiction Master Street and the Nexus Study Amendment will have to be approved by SANBAG before any costs can be incurred on the project. It is not anticipated that there will be any objections at SANBAG with either of these documents. COUNCIL AGENDA ITEM NO.J 1 The purpose of the agreement is to ensure that Measure I funds distributed by SANBAG to the recipient agency are used for the intended purpose. Namely, funds are to be used for construction of road improvements indentified in the Measure I 2010-2040 Major Street Program. In this case, the Measure I funds are being allocated by SANBAG to Grand Terrace for the Michigan Street widening project from Commerce Way to Van Buren Street. The agreement also commits SANBAG and Grand Terrace to manage the funds for this project in accordance with SANBAG Measure I 2010-2040 Strategic Plan. FISCAL IMPACT: , Total project costs are currently estimated at$975,000. Per the agreement the City is responsible for 39.9% of the costs, as determined by the Nexus Study Fair Share. The City's share of project cost is estimated to be $59,130 for FY 2010-11 and $329,890 for FY 2011-12 for a total City commitment of $389,030. The total Measure I commitment is $585,980. The City has previously pledged, as part of Measure I Capital Improvement Plan approved by City Council on October 13, 2009 to match Measure I funds with City development impact fees. Sufficient development impact fees are available to fund the City share of the project costs. Respectfully submitted, RiAi and Shields,Director of Building and Safety/Public Works Manager Approval: Betsy dams City Manager ATTACHMENT'S: Jurisdiction Master Agreement No., C 10246 Sanbag agreement Michigan widening.dotx JURISDICTION MASTER AGREEMENT NO., C10246 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF GRAND TERRACE s THIS AGREEMENT is made and entered into this day of by and between the San Bernardino County Transportation Authority (hereinafter referred to as "SANBAG") and the City of Grand Terrace(hereinafter referred to as"CITY"). WITNESSETH WHEREAS, the Measure I 2010-2040 Strategic Plan identified Valley Major Street Program-Arterial Sub-program projects eligible for partial funding from Measure I 2010- 2040 revenues; and WHEREAS, this Jurisdiction Master Agreement is to be carried out in accordance with the policies in the Measure I 2010-2040 Strategic Plan; and WHEREAS, SANBAG has determined that these PROJECTS (Attachment A) are included in the SANBAG Development Mitigation Nexus Study Capital Project Needs Analysis; and WHEREAS, SANBAG will reimburse CITY for the public share of eligible PROJECT expenditures with Measure I 2010-2040 Major Street Program- Arterial Sub-program funds up to the annual fund allocation amount(Attachment B); NOW, THEREFORE, SANBAG and CITY agree to the following: SECTION I SANBAG AGREES: 1. To reimburse CITY, as provided in Section III, within 30 days after CITY submits to SANBAG an.original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by CITY, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SANBAG as frequently as monthly. 2. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SANBAG when planning and conducting additional audits. 3. SANBAG shall assign a project liaison for purposes of coordinating project activities and invoice review. SECTION II CITY AGREES: 1. Only eligible PROJECT-specific work activities, as set forth in Attachment A to this Agreement, that conform to the SANBAG Nexus Study and are included in first two years of the current Capital Project Needs Analysis (CPNA) will be eligible for reimbursement with Measure I Major Street Program-Arterial Sub-program funds. 2. To prepare and submit to SANBAG an original and two copies of signed invoices for reimbursement of those eligible PROJECT expenses according to Attachment A. Invoices may be submitted to SANBAG as frequently as monthly,up to the allocation limit specified in Attachment B. 3. To repay to SANBAG any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within ninety (90) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the finding. Should the finding not be otherwise resolved and CITY fail to reimburse moneys due SANBAG within ninety (90) days of audit finding, or within such other period as may be agreed between both parties hereto, the SANBAG Board reserves the right to withhold future payments due CITY from any source under SANBAG's control. 4. To provide 39.9% share of total eligible PROJECT expenses, which represents the development share as documented in Attachment A. 5. To maintain all source documents, books and records connected with its performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SANBAG or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SANBAG. Copies will be made and furnished by CITY upon request, 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the work activities, and to submit that Report and invoice no later than 120 days following the completion of those expenditures. The Final Report of Expenditures, an original and two copies of which report shall be submitted to SANBAG, must state that these PROJECT funds were used in conformance with this Agreement and for those' PROJECT-specific work activities described. 8. To have a PROJECT-specific audit completed by SANBAG, at SANBAG's option, upon completion.of the PROJECT. The audit must state that all funds expended on the PROJECT were-used in conformance with this Agreement. 9. To include SANBAG in Project Development Team (PDT) meetings, if and when such meetings are held and related communications on project progress and to provide at least quarterly schedule updates to SANBAG. SANBAG shall assign a project liaison for the purpose of attending PDT meetings. ,4 10. As an eligible PROJECT expense, to post signs when PROJECT begins at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of San Bernardino Associated Governments and City of Grand Terrace. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the date of execution of this agreement. 2. SANBAG's financial responsibility shall be 60.1% of actual cost for eligible PROJECT expenditures, up to the allocation limit specified in Attachment B. 3. CITY may be reimbursed in a subsequent fiscal year for expenditures in excess of the allocation limit for the current fiscal year, based on invoices for eligible PROJECT expenditures. SANBAG retains the option to reimburse CITY no more than 50% of the public share of excess expenditures for the current fiscal year within the first six months of the subsequent fiscal year, with the remaining 50% to be reimbursed in the second six months of the fiscal year. SANBAG shall inform the jurisdiction within 30 days of receipt of an invoice for the excess expenditures, if it chooses to exercise that option. 4. If CITY does not expend funds up to the allocation limit in Attachment B within the current fiscal year, the unused portion may be applied to eligible PROJECT expenditures in the subsequent fiscal year, in addition to the allocation limit for the subsequent year. A cumulative allocation limit will be maintained in Attachment B. The cumulative allocation limit will be reconciled against the CPNA submittals beginning with the submittals for Fiscal Year 2012/2013 and adjusted, as appropriate, in the apportionment and allocation process beginning that fiscal year. 5. Eligible PROJECT reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities. 6. Neither SANBAG nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SANBAG, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. CITY's indemnification obligation applies to SANBAG's "passive" negligence but does not apply to SANBAG's "sole negligence" or"willful misconduct"within the meaning of Civil Code Section 2782. CITY and SANBAG are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. 7. This Agreement is expressly subordinated to any bonds, notes, certificates or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by SANBAG. 8. The terms of this Agreement represent the consent of the CITY to provide the full development share for the PROJECT required by the SANBAG Nexus Study and that failure to contribute the development share according to the terms of this agreement does not obligate SANBAG to provide supplemental funds or otherwise remedy that failure. SANBAG may terminate this agreement if the CITY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein. 9. SANBAG shall track the CITY equitable share of the Valley Arterial Sub- program, including adjustments for the time-value of money based on time of apportionment of Measure I funds,per Strategic Plan Policy 4000 INS-1. San Bernardino County CITY of Grand Terrace Transportation Authority By: By: President, SANBAG Board of Mayor Directors Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: By: By: Jean-Rene Basle SANBAG County Counsel CITY Attorney Date: Date: Attachment A Project(s) Eligible for Expenditure/Reimbursement of MI Valley Arterial Funds for the City of Grand Terrace ($1,000s) Michigan Ave Widen Michigan Street from Commerce Way to Van Buren St from 2'to 4 lanes Project Cost$975,000 r Maximum Public Share: $585,980 Nexus Study Fair Share: 39.9% Phase Prior FY10/11 FY11/12 Total Plans, Specifications and Estimates(PS&E) Development Fees $ - $ 35.91 $ - $ 35.91 MI Valley Arterial Funds $ - $ 54.09 $ - $ 54.09 Right of Way Acquisition (ROW) Development Fees $ - $ 18.43 $ - $ 18.43 MI Valley Arterial Funds $ - $ 27.77 $ - $ 27.77 Construction (CONST) Development Fees $ - $ 4.79 $ 329.89 $ 334.68 MI Valley Arterial Funds $ - $ 7.21 $ 496.91 $ 504.12 Total Project Development Fees $ - $ 59.13 $ 329.89 $ 389.03 MI Valley Arterial Funds $ - $ 89.07 $ 496.91 $ 585.98 9 Attachment B Allocation Limit and Program Accounting of ,II Valley Arterial Funds for the City of Grand Terrace Allocation/Reimbursements Amount Y 10/11 MI Valley Arterial Allocation $ 88,910.00 FY 10/11 Projected Prior Adv Exp Reimbursement $ - F Y 10/11 Projected New MI Expenditures $ 89,070.00 ;"Y 10/11 Projected New MI Adv Expenditures $ 160.00 ,dditional Programming Capacity $ - Cumulative Allocation $ 88,910.00 Cumulative Reimbursements` $ - Outstanding Advance Expenditures $ - v Includes both reimbursed project costs and advance expenditures. 1t 117,4MI111 Y C,4L1'FORNIA AGENDA REPORT MEETING DATE: June 8, 2010 Council Item( X ) CRA Item ( ) TITLE: Appointments to the Planning Commission PRESENTED BY: Joyce Powers, Community and Economic Development Director Brenda Mesa, City Clerk RECOMMENDATION: Direct staff to obtain applications for the Planning Commission and set interviews with the City Council for July 13, 2010. BACKGROUND: The terms of three Planning Commissioners expire on June 30, 2010, including: 1. Matthew Addington, a Commissioner since 1993 and current Vice Chair; 2. Darcy McNaboe, a Commissioner since 2006; and, Y 3. Robert Bailes, a Commissioner since August 2009, upon early resignation of another Commissioner. DISCUSSION: Each of the aforementioned Commissioners intends to seek reappointment to the Planning Commission. Staff is requesting Council direction regarding whether to advertise for additional applicants before making the four-year appointments. If the Council determines to do so, staff recommends that the application process be opened on June 10, 2010 and close on July 1, 2010. Information would be disbursed through a press release and posting on the City's website. At Council direction, staff would then schedule interviews with all potential appointees for July 13, 2010, before the regular Council meeting, at 4:00 or 4:30 pm, depending upon the number of interviewees. FISCAL IMPACT: There would be no fiscal impact created by this action. Respectfully submitted, Joyce Powers Community and Economic Development Director COUNCIL AGENDA ITEM NO. C1� c._ 1 and Brenda Mesa City Clerk Manager Approval: Betsy . Ad City Manager lj )