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05/12/2005 _'-' FILE COPY = . r_ Ty GRRHP TERR cE . May 1.2, 2005 4:00 4. 22795 Barton Road Grand'Terrace California 92313=5295 Civic Center (909)824-6621 Fax-(909)783-7629 - -Fax(909)783-2600 A MaryettaFerre CITY; OF GRAND TERRtC=E; Mayor ' .Bea Cortes _ Mayor Pro-Tem Herman dreia R . -CA%CITY.COUNCIL Jim Miller Council Members' REGULAR-MEETINGS . Tliomas.J.Schwab City Manager . ;2ND AND-=4TH Thlu d - 6 OO.r-p;.m. - -- - .. J , ;Council Chambers _ -Grand Terrace Civic Center, 22795,Barton-Road ; CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS MAY 12, 2005 GRAND TERRACE CIVIC CENTER 4:00 PM 22795 Barton Road ' TIIE CITY OF GRAND TERRACE COMPLIES;WITATHE AMERICANS WITH DISABILITIES,ACT;OF 1990.'IF-, YOIT,REQUIRE::SPECIAL..ASSISTANCE TO ,PARTICIPATE'IN THIS,MEETING, PLEASE:`CALL.,,HE CZTY,. CLERK'-S;OFFICE AT`(9.09)`,824-6621 AT LEAST 48,HOURS PRIOR TO THE MEETING: . r,IF YOU:DESIRE:TO ADDRESS THE CITY.COUNCIL DURING THE MEETING,PLEASE COIVIPI ETE A REQUEST TO'SPEAKFORM AVAILABLE AT THE ENTRANCE ANI)TRESENTIT TO THE.CITY CLERKS SPEAKERS.'W_ILL'- BE:CALLED UPON.BY-THE`MI-YOR AT THE`APPROPRIATE TIME: 'k - I * Call to Order- * Invocation-Pastor Rick Doucette,Calvary The Brook * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION l 4:00 PM CONVENE COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING 1. Review the Proposed FY 2005-2006 CRA/City Council Budget ADJOURN COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING 6:00 PM CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 04-28-2005 Minutes Approve 2. sio - o e Ne .8) 1. Acquisition of Site A. Property Address: APN# 1167-161-03, 1167-161-04 (21992 De Berry and 21974 De Berry) B. Negotiating Parties: 1) Tom Schwab on behalf of the Agency 2)James and Patricia Dodson C. Areas of Negotiation:Price and Terms ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete COUNCIL AGENDA 05-12-2005 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 2. SPECIAL PRESENTATIONS A. Proclamation-Water Awareness Month-May 2005 B. Water Awareness Poster Contest Winners-Terrace View Elementary 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated May 12,2005 Approve B. Ratify 05-12-2005 CRA Action C. Waive Full Reading of Ordinances on Agenda D. Approval of 04-28-2005 Minutes Approve E. Award of Construction Bid for Grand Terrace Corporate Authorize Yard 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 is prohibited from discussing or acting on any item not on the agenda. The Mayor may request a brief response from staff to questions raised during public comment. 5. ORAL REPORTS A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of April 4,2005 Accept b. Appoint Member to Historical&Cultural Activities Appoint Committee-Ybarra 2. Emergency Operations Committee a. Minutes of April 5,2005 Accept B. Council Reports 6. PUBLIC HEARINGS A. Ordinance-Specific Plan SP-04-01-Al and E-05-10 to Approve Amend the Outdoor Adventures Center Specific Plan to Remove Approximately 7.8 Acres Located at the Northwest Corner of Pico Street and Taylor Street COUNCIL AGENDA 05-12-2005 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS A. HVAC Maintenance Agreement-Honeywell Approve B. Rules of Procedures for Council Meetings Review C. Street Cut Policy Approve 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY,MAY 26, 2005 AT 6:00 P.M. . ............... . ..... ........................................ AGENDA ITEM REQUESTS FOR THE 05-26-2005 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 05-19-2005. r'C.SA nr.* Q?Ra F?.I�''� CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -APRIL 28, 2005 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 April 28, 2005 at 6:00 p.m. PRESENT: Maryktta Ferre, Chairman Bea Cortes,Mayor Pro Tern Herman Hilkey, Agency Member Lee Ann Garcia, Agency Member Jim Miller, Agency Member Tom Schwab, Executive Director Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow,Finance Director Jerry Glander, Building & Safety Director Lt. Hector Guerra, Sheriff's Department ABSENT: Gary Koontz, Community Development Director John Harper, City Attorney r ' APPROVAL OF 04-14-2005 MINUTES CRA-2005-12 MOTION BY VICE-CHAIRMAN CORTES,SECOND BY CHAIRMAN FERRE, CARRIED 4-0-0-1 (AGENCY MEMBER GARCIA ABSTAINED),to approve the April 14, 2005 Community Redevelopment Agency Minutes. CLOSED SESSION -REAL PROPERTY NEGOTIATIONS (GC 54956.8) I. Real Estate Negotiations A. Property Address: APN# 1167-141-08 B. Negotiating Parties: 1) Tom Schwab on behalf of the Agency 2) Scott Tonn on behalf of the Seller C. Areas of Negotiation: Real Property Purchase(Price and Terms) 2. Real Estate Negotiations A. Property Address: APN# 1167-151-058,059,060 B. Negotiating Parties: 1) Tom Schwab on behalf of the Agency 2)Bob Stranger representing Colton Joint Unified School District CRA AGENDA ITEM NO. i Commumty Redevelopment Agency Minutes April 28,2005 Page 2 C. Areas of Negotiation: Price and Terms Bill Hays, 22114 De Berry Street, stated that he would like the Council to report to the citizens on what happens during closed session. Chairman Ferr6 reported that the Agency met in Closed Session to discuss Real Estate Negotiations for APN# 1167-141-08 and that there was no reportable action taken at this time and Real Estate Negotiations for APN# 1167-151-058, 059, 060 and that Agency has agreed to enter into a School Site Purchase Agreement and Escrow Instructions between the Grand Terrace Redevelopment Agency a Public Body Corporate and Politic and Colton Joint Unified School District a California Public School District. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 8:34 p.m.,until the next CRA/City Council Meeting scheduled to be held on Thursday,May 12, 2005, at 4:00 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 A UY r 4 SA X" A. WA TER A WARENESS MONTH May 2005 WHEREAS, water is our citizens and our areas most precious and necessary natural -�77- resource; and WHEREAS,to insure an ample supply ofgoodquality water for our residents, we must all work together to effectively conserve and protect the local water resources; and 147HEREASY by educating all cith-.ens about the value of water and the importance of conservation, we can make wise decisions regarding our personal,family, and coMmunh), water-use habits; and WHEREAS, during the month of May,the City of Grand Terrace joins with Riverside Highland Water Company, other water agencies, and the entire State of California to work together to increase the understanding of"Water: 101 Uses-Protect Every Drop". 5-F NOW THEREFORE, the City Council of the City of Grand Terrace does hereby proclaim May 2005 as "HATER AIJARENESS MONTH" and urge all citizens to be responsible water users and protectors. This 12"' day of May, 2005. Mayor Ferri Mayor Pro Tem Cones Council Member Hilkey Council Member Garcia Council Member Miller 0 MDA (r Check Regi-st?"" )ated May 12, 2005 vchlist Voucher List Page: 1 05104/2005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55470 4/21/2005 007402 US POSTAL SERVICE MAIL MACHINE POSTAGE FOR MAIL MACHINE 10-190-21.1-000-000 1,000.00 Total : 1,000.00 55471 4/27/2005 010040 SCOTT, MARY J. May 6 BIRTHDAY BONUS - 10-440-110-000-000 50.00 Total : 50.00 55472 4/27/2005 010164 GREAT-WEST 05 05 Loans LOANS FOR MAY 2005 - 10-022-64-00 2,330.81 Total : 2,330.81 55473 4/27/2005 010164 GREAT-WEST 5 05 DEF COMF DEF COMP FOR APRIL 2005 10-022-63-00 8,546.75 Total : 8,546.75 55474 4/27/2005 010038 VERHELLE, JO A. May 15 BIRTHDAY BONUS 10-120-110-000-000 50.00 Total : 50.00 55475 4/27/2005 010414 LEWIS, JENNIFER May 20 -BIRTHDAY BONUS - 10-440-110-000-000 50.00 Total : 50.00 55476 4/27/2005 010039 GREER OWENS, BARRIE May 8 BIRTHDAY BONUS - 10-180-110-000-000 25.00 34-800-110-000-000 25.00 Total : 50.00 55477 4/27/2005 001907 COSTCO#478 0478 09 0007 1', CHILD CARE SUPPLIES 10-440-228-000-000 _ 25.85 10-440-220-000-000 63.35 Total : 89.20 55478 4/27/2005 005702 PUBLIC EMPLOYEES' RETIREMENT 042205 - PERS FOR PAYROLL END.4/22/05 10-022-62-00 9,639.23 Page: 1 vchlist Voucher List page: 2 05/04/2005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55478 4/27/2005 005702 PUBLIC EMPLOYEES' RETIREMENT (Continued] Total : 9,639.23 55479 4/27/2005 006310 ROADRUNNER STORAGE 979-2009 May storage rental - 10-140=241-000-000 _ _ 89.00 Total : 89.00 55480 4/27/2005 001907 COSTCO#478 0478 14 0011 3E CHILD CARE SUPPLIES 10-440-228-000-000 99.24 10-440-220-000-000 120.21 Total : 219.45 55481 5/2/2005 001206 ARROWHEAD CREDIT UNION Mar/Apr 2005 Mar/Apr VISA charges 10-110-210-000-000 169.12 - - -- - - -- 1 0-1 10-270-000=000 - - - _- - - 37.20 10-120-210-000-000 99.94 10-120.270-000-000 38.89 10-180-268-000-000 323.90 10-180-272-000-000 _ 63.40 10-190-210-000-000 77.58 10-190-220-000-000 - 463.83 _ 10-370-210-000-000 40.61 ,10-440-223-000-000 75.26 10-440-228-000-000 63.63 10-440-700-000-000 319.46 16-900-254-000-000 296.06 32-200-210-000-000 17.95 Total : 2,086.83 55482 5/2/2005 005529 SBC CALIFORNIA 1 Apr/May 2005 APR/MAY PHONE CHARGES 10-440-235-000-000 16.07 10-190-235-000-000 16.65 Total : 32.72 55483 5/3/2005 006524 S B. COUNTY AUDITOR/CONTROLLER 05022005 04/05 ERAF pymt per H&S Sec. 33681.12 33-300-701-000-000 - 335,639.40 Total : 335,639.40 55484 5/12/2005 010019 5 POINT AUTO SERVICE 9218 - Smog/cert'89 Ford Lic.-#266929 Page: 2 vchlist `V lzher List - _ Page: 3 05104/2005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55484 5/12/2005 010019 5 POINT AUTO SERVICE (Continued) 10-180-272-000-000 63.20 Total : 63.20 55485 5/12/2005 001040 ADDI.NGTON, MATTHEW April, 2005 April Planning Comm Stipend 10-801-120-000-000 50.00. Total : 50.00 55486 5/12/2005 010308 AMERICAN ROTARY BROOM CO. INC 238385 2 sets Elgin gutter brooms 16-900-254-000-000 157.32 Total : 157.32 55487 5/12/2005 010486 ASSOC. FOR COMPUTING MACHINERY 04262005 ACM Prof Membership 10-380=274-000-000. `84.00 Total_: 84.00 55488 5/12/2005 010084 BIDNEY, ROBERT April, 2005 April Planning Comm Stipend 10-801-120-000-000 _ 50.00 Total : 50.00 55489 5/12/2005 010340 BLUE CROSS OF CALIFORNIA, PERS-CH May 0014279861 HEALTH INS CORTES 10-110-142-000-000 333.89 10-110-120-000-000 39.51 Total : 373.40 55490 5/12/2005 001498 CALBO 04202005 Class I Membership-Glander 10-172-265-000-000 215.00 Total : 215.00 55491 5/12/2005 010403 CITY OF REDLANDS AR111100 March,CNG fuel 34-800-272-000-000 18.81 10-180-272-000-000 61.60 Total : 80.41 55492 5/12/2005 001840 COLTON,.CITY OF 000459 1. CODE ENFORCEMENT SERVICES FOR ANIMAL 10-190-256.000-000 3,291.66 . 000460 CODE ENFORCEMENT SERVICES FOR ANIMAL - 10-190-256-000-0.00 3,291.66 Page: 3 vchlist Voucher List Page:, 4 05/04/2006 3:45:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 55492 5/12/2005 001840 COLTON, CITY OF (Continued) Total : 6,583.32 55493 5/12/2005 001867 COMMERCIAL_ LANDSCAPE SUPPLY 135678 LANDSCAPE SUPPLIES 10-450-245-000-000 334.56 . Total : 334.56 55494 5/12/2005 010086 COMSTOCK, TOM April, 2005 April Planning Comm Stipend 10-801-120-000-000 50.00 Total : 50.00 55405 5/12/2005 001907 COSTCO#478 0478 07 0243 11 CHILD CARE SUPPLIES 10-440-228-000-000 66.76 10-440-220-000-000 61'.39 - --- - -Total :-- -- ----- -128.15 -- 55496 5/12/2005 001930 DAILY JOURNAL CORPORATION B808655 'Public Hearing notice .10-370 230-000-000 258.30 B809102 'Public hearing notice - 10-370-'230-000-000 258.3b Total : 516.60 55497 5/12/2005- 003210 DEPT 32-2500233683 0015717, Maint supplies 10-450-245-000-000 37.65 0591529 Maint supplies 10-180-245-000-000 65.40 1022852 Maint supplies - 10-180-245-000-000 94.43 4291412 HARDWARE AND SUPPLIES - 10-180-246-000-000 38.88 7076152 Maint supplies 10-180-245-000-000 118.29 9023080 Concrete - 10-180-246-000-000 5.45 9142272 HARDWARE AND SUPPLIES 10-1,80-218-0007000 66.19 9291710 Maiint supplies 10-450-246-000-000 53.82 - Page: 4 vchlist V'vucher List Page: 5 05/04/2005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account ` Amount 55497 5/12/2005 003210 DEPT 32-2500233683 (Continued) Total : 480.11 55498 5/12/2005 010,328 EGN CONSTRUCTION 106-05 WATER LINE RELOCATION 32-600-205-000-000 16,625.75 32-600-208-000-000 16,625.76 - Total : 33,251.51 55499 5/12/2005, 010055 EMPIRE DEVELOPMENT SOLUTIONS 2005.36 April Redevelopment services 32-600-205=000-000 1,078.62 2005.36a COSULTING SERVICES 32-6.00-205-000-000 3,471.38 Total : 4,550;00 55500 5/12/2005 010245 FRITTS RIVERSIDE AUTO CENTER C14806 Service F-150 El 184575 347800-272-000-000 43.78 C14807 Service F-150 El184576 10-180-2.72-000-000 43.78 Total : 87.56 55501 5/12/2005 002740 FRUIT GROWERS SUPPLY 32070911 MAINT SUPPLIES 10-450-245-000-000 3.38- 32071159 _MAINT SUPPLIES - 10-450-245-000-000 4.29 32071240 MAINT SUPPLIES 10-450-245-000-000 _ 19.25 32071315 Sweeper tools 16-900-254-000-000 _ 122.88 32071380 Pest Roundup 10=180-245-000-000 262.64 32071422 Head trimmer 10-450-246-000-000 25.84 Total ' 438.28 55502 5/12/2005 002901 G.T. AREA CHAMBER OF COMMERCE 4309 BLUE MT OUTLOOK 1.0-125-213-000-000 620.00 Total : 620.00 Page: 5 vchlist Voucher List Page: 6 05104/2005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55503 5/12/2005 003152 HARPER & BURNS LLPN 04142005 March prof. services 10-160-250-000-000 1,725.00 Total : 1;725.00 55504 .5/12/2005 010482 HEADSETS.COM 1027040-01 PHONE-HEADSET 10-120-210-000-000 352.90 Total : 352.90 55505 5/12/2005 003224 HYDRO-SCAPE PRODUCTS INC. 3854507-00 Irrigation supplies- 10-450-246-000-000 311.16 Total : 311.16 55506 5/12/2005 010347 IEEE COMPUTER SOCIETY 04262005 1/2 yr. Membership& Diq Library-D. --- - - -- ---- - --- - - - - ---1.0=380-274-000-000- - - — - _ -- -----157.00- Tota 1 : 157.00 55507 5/12/2005 010302 IMPRESSIVE ENGRAVINGS 7023 PAVER ENGRAVING 23-200-61-00 _ 205.00 Total : 205.00 55508 5/12/2005 003850 JANI-KING 04050090 CLEANING SERVICES 34-400-246-000-000 150.00 Total : 150.00 55509 5/12/2005 003890 KELLY PAPER 134452 Art show name tags 10-804-210-000-000 14.88 284672 2 rms 2-part reversed 10-140-210-000-000 50.88 Total : 65.76 55510 5/12/2005 004320 LAWNMOWER CENTER 1931 Weed mower 10-180-218-000-000 468.65 Total : '468.65 55511 5/12/2005 004620 MCI TELECOMMUNICATIONS 63897181 Mar/Apr phone charges - Page: 6 vchlist Vbucher List Page: 7 0510412005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55511 5/12/2005 004620 MCI TELECOMMUNICATIONS (Continued) 10-190-235-000-000 38.25 10-440-235-000-000 327.01 10-450-235-000-000 = _ 17.04_ 10-805-235-000-000 35.86 1 Total : 418.16 55512 5/12/2005 004755 MR TV VIDEO 15350 24" Sony TV KV24FS1.20 10-180-268=000-000 351.72 Total : 351.72 55513 5/12/2005 010041 NOLTE ASSOCIATES INC. 5070239 H2O PIPE ROLACATION - - 32-600-205-000-000 8,148:91 -� 32-600-208-000-000 8,148.91 5070434 , MAINT YARD IMPROVEMENTS 21-573-713-000-000 1,400.00 Total : 17,697:82 55514 5/12/2005 010041 NOLTE ASSOCIATES INC. 5080029- MAINT YARD-IMPROVEMENTS 21-573-713-000-000 - 751.50 Total : 751.50 55515 5/12/2005 001456 OFFICE MAX-A BOISE COMPANY 215324 Office supplies - 10-120-210-000-000 85.58 Total : 85.58 55516 5/12/2005 005450 OTIS ELEVATOR COMPANY SAU06425V505 ELEVATOR MAINTENANCE 10-180-245-000-000 286.60 Total.: 286.60 55517 5/12/2005 010348 PC MAGAZINE 04262005 25 issue subscription-Barbu 10-380-274-000-000 25.00 , Total : 25.00 55518 5/12/2005 005540 PC WORLD 04262005 ` 12-issue renewal - 10-380-274-000-000 14.97 Total : 14.97 Page. 7 ' vchlist Voucher List Page: 8 65/0412005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55519 5/12/2005. 005586 PETTY CASH 04292005 Reimburse petty cash 10-440-220-000'000 17.15 10-440-223-000-000 56.43 10-440-228-000-000 120.57 23-200-14-00 18.31 Total : 212.46 55520 5/12/2005 010208 RATELLE, DAZE & ASSOCIATES O4012005 March consulting snis 34-400-251-000-000 1,890.00 Total : 1,890.00 55521 5/12/2005 010145 RAYBURN, LAUREN 05022005 San Diego Conf. mileage reimb 10-440-271-000-000 87.48 - - - - - - Total: - -87:48- 55522 5/12/2005 005673 RENTAL SERVICE CORPORATION 24118094-001 Rental-water trailer. 10-180-240-000-000 191.80 24119815-001 Roller-Vib smooth rental 10-180-240-060-000 290.38 Total : 482.18 55523 5/12/2005 010171 REPUBLIC ELECTRIC 4151 ELECTRICAL MAINTENANCE 16-510-255-000-000 289.80 4152 Oct. Call Outs-Signals 16-510-255-000-000 _ 533.50 Total : 823.30 55524 5/12/2005 006335 ROQUET PAVING INC. 0403-05 STREET IMPROVEMENTS 11400-255-000-000 8,569.00 0409-05 STREET IMPROVEMENTS 11400-255-000-000 8,110.00 0409-6 STREET IMPROVEMENTS 11400-255-000-000 8,465.00 Total,: 25,144.00 55525 5/12/2005 006565 SAN BERNARDINO COUNTY SUN S192236323a 3/20 ad for temp landscape wkr 10-120-230.000-000 115.73 - - Page: 8 vchlist Ll�' her List Page: 9 05/0412005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55525 5/12/2005 006565 SAN BERNARDINO COUNTY SUN (Continued) Total.: 115.73 55526 5/12/2005 006435 SAN BERNARDINO, CITY OF 36530 ANIMAL SHELTER SERVICES ' - 10-190-256-000-000 _ 319.00 Total : 319.00_ 55527 5/12/2005 006720 SO.CA.EDISON COMPANY April, 2005 April electricity 34400-238-000-000 _ 53.12 10-450-238-000-000 1,126.04 10-172-238-000-000 24.14 10-190-719-000-000 3.52 10-440-238-000-000 697.59 '' 15-500-601-000-000 21 66 10-190-238-000-000 2,262.86 16-510-238-000-000 276.03 10-175,238-000-000 19.32 Total : 4,484.28 55528 5/12/2005 006778 STAPLES CREDIT PLAN 68038 Office supplies 10-380-210-000-000 - 81.19 9152436906 Office supplies/computer supplies 10-380-210-000-060 384.62 10-380-249--000-000 121.96 Total : 587.77 55529 5/12/2005 006898 SYSCO,FOOD SERVICES OF L.A. 504130597 9 CHILD CARE SUPPLIES 10-440-220-000-000 589.25 5041305987 CHILD CARE SUPPLIES 10-440 220-000-t700 46.18 5041913459 CHILD CARE SUPPLIES 10-440-220-000-000 13.11 504200463 9 CHILD CARE SUPPLIES 10-440-220-000-000 583.76_ 504270539 1 — CHILD CARE SUPPLIES - 10-440-220-000-000 582.53 504270540 9 S` CHILD CARE SUPPLIES _ 10-440-220-000-000 59.42 Page: 9 rr�hIFsf<_ y Voucher List ° Page: 10 05104/2005 3:45:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 55529 5/1212005. 006898 SYSCO FOOD SERVICES-OF L.A. (Continued) Total : 1,874.25 55530 5/12/2005 010091 TELEPACIFIC COMMUNICATIONS 1652132-0 April phone charges 10-190-235-000-000 960.69 Total : 960.69 55531 5/12/2005 007220 UNDERGROUND SERVICE ALERT 2005040287 April DIG ALERT SERVICE 16-900-220-000-000 18.20 - Total : 18.20 •55532 5/12/2005 001038 VERIZON WIRELESS-LA 1944103575 Mar/Apr cell phones 34-400-235=000-000 140.05 Total: 140.05 55533-- 5/12/2005 007705 WAXIE - -68877706 03 Cleaning supplies 10-180-245-000-000 1,094.31 Total : 1,094.3.1 55534 5/12/2005 007843 WEST COAST ARBORISTS INC 331 March Tree/stump removal 16-900-260-000-000 2,175.00 10-190-719-000-000 2,190.00 16-900-260-000-000 1,220.00 Total : 5,585.00 55535 5/12/2005 007905 WHITLEY, BRIAN April, 2005 April Planning Comm Stipend 10-801-120-000=000 - 50.00 Total.: 50.00 55536 - 5/12/2005 007920 WILLDAN 062-7882 Mar. Plan Review/Inspect. Srvs 10-172-250-000-000 958.58 34-400-251-000-000 , 910.00 Total: 1,868.58 55537 - 5/12/2005 .007987 XEROX CORPORATION 009295549 COPIER CHARGES 10-190-700-000-000 530.01 009650352 COPIER CHARGES 10-190-700-000-000 530.01 Page: 10 i J vchlist 4 uu,i:her List Page: 11 0510412005 3:45:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 55537 5/12/2005 007987 XEROX CORPORATION (Continued) 009650353 COPIER USAGE 10-190-700-000-000 318.22 Total : 1,378.24 55538 5/12/2005 007984 YOSEMITE WATERS Inv#209017882 CREDIT-WATER - 10-440-238-000-000 -0.90 Inv209018305 WRONG PRICE-CUPS 10-190-238-000-000 -0.64 March, 2005 WATER - 10-190-238-000-000 121.95 10-440-238-000-000 75.87 10-805-238-000-000 23.80 34-400-238-000-000 5.95 Total : 226.03 69 Vouchers for bank code : bofa Bank total : 478,395.18 69 Vouchers in this report -Total vouchers : 478,395.18 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 expenditures for the operation of the City and Agency. Larry Ron ow, Finance Director Y ° Page: 11 r CITY OF GRAND TERRACE �' 1 , CITY COUNCIL MINUTES REGULAR MEETING -APRIL 28, 2005 I , 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 April 28, 2005, at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Bea Cortes, Mayor Pro Tern Herman Hilkey, Councilmember Lee Arm Garcia, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Jerry Glander, Building & Safety Director Lt. Hector Guerra, Sheriff's Department ABSENT: Gary Koontz, Community Development Director John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Lawrence Caraway, Grand View Baptist Church followed by the Pledge of Allegiance led by Mayor Pro Tem Cortes. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE - None SPECIAL PRESENTATIONS A. Recognition - The Bluff s Restaurant Councilmember Miller presented Tom Anagnostopoulos,son of George and Despina Anagnostopoulos, a Certificate of Recognition recognizing their 35 years of service and community involvement as the Owners of The Bluff s Restaurant from January 1970 to January 2005. B. Proclamation - Women's Health Week May 8-14, 2005 Councilmember Garcia read a Proclamation proclaiming the week following Mother's Day, Sunday May 8 through Saturday May 14, 2005 as Women's Health Week in the City of Grand Terrace. tt Council Minutes Apri128,2005 Page 2 CONSENT CALENDAR CC-2005-40 MOTION BY COUNCILMEMBER GARCIA,'SECOND BY COUNCILMEMBER HILKiEY, CARRIED 5-0,to approve the following consent calendar items with the removal of item 3D.: 3A. Approve Check Register Dated April 28, 2005 3B. Ratify 04-28-2005 CRA Action 3C. Wa*ve Full Reading of Ordinances on Agenda ITEM REMOVED FROM CONSENT CALENDAR 3D. Approval of 04-14-2005 Minutes Councilmember Hilkey, requested a copy of the amended minutes from the March 10, 2005 Minutes.. CC-2005-41 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-0-1 (COUNCILMEMBER GARCIA ABSTAINED), to Approve the 04-14-2005 Minutes. PUBLIC COMMENT Councilm ember Hilkev,indicated that hedges not agree with the text that was added to the agenda under public comment and insisted that it be changed back to the way that it was before until there is council discussion and a decision is made by the Council. Mayor Ferre, indicated that it will be agendized on the next agenda for Council discussion. Patty Kane, 21845 Grand Terrace Road, Space 47, stated that Barton Road going towards the Stater Bros. warehouse is really bad and that they need a lot of work. She indicated that she is the Assistant Manager at the Grand Terrace Mobile Home Park and that she is not getting any help from the Humane Society or the Colton Pound with regards to their cat problems. She thanked the Grand Terrace Police Department for all of their help and support. Bill Hays, 22114 De Berry Street, stated that there is nothing in the California Government Code that restricts or prohibits City Council from discussing anything that a citizen brings up during public comment and feels that the text on the agenda is false. He questioned why the Council didn't inform the residents in November of who the chosen developer was for the OAC. He stated that he has requested a copy 1 1 ' f Council Minutes April 28,2005 ' Page 3 of the public document that divulged the identity of the developers for the OAC and to date he has not received a copy..He feels that'Council and staff is not being honest with the residents. He stated that,he understands that six bags of stolen mail was recovered and would like details on what happened. Barney Karger, 11668 Bernardo Way, feels that the Council,is not informing the residents of what is taking place in town. He feels that the meetings are not open and would like to see them be more open. He stated that he would like to see not only the APN Numbers on'the agenda but an address or a description of the property. He . stated that he is against a high rise senior housing project. Cit, ag Man er Schwab, stated that the City is currently working with Caltrans to replace the bridge on Barton Road which is why-there hasn't been a lot of maintenance being done, however, he will have the Assistant City Manager go out and look at the streets. He state6that staff will have the Humane Society and Animal Control work with the Mobile Home Park on the cat issue. He stated.that the City Attorney.disagrees with Mr. Hays' interpretation of the Code with regards to public comment. If Mr.Hays makes an appropriate public records request for the ERN we will provide him a copy. He stated that the Senior Housing Project will not be a -high-riseJ1 may be three stories at most at the lowest piece ofproperty,however,this building has not been designed yet., ORAL REPORTS 5A. Committee Reports I. Crime Prevention Committee a. Minutes of 03-14-2005 CC-2005-42 MOTION BY COUNCILMEMBER GARCIA,SECOND BY COUNCILMEMBER, HILKEY, CARRIED 5-0, to accept the March 14, 2005 Minutes of the Crime Prevention Committee. 2. Emergency`Operations Committee a. Minutes of 03-01-2005 CC-2005-43 MOTION BY MAYOR PRO TEM CORTES, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to accept the,March 1, 2005 Minutes.of the Emergency Operations Committee. COUNCIL REPORTS Council Minutes April 28,2005 Page 4 Mayor Pro Tem Cortes, sated that she attended events along with the Mayor and City Manager. She supports the statements of Councilmembers Garcia and Hilkey with regards to mail theft. Councilmember Hi Ike y, commented that the text under public comment was added without council discussion and feels that it does not match the bylaws of the City. He would be surprise if the City Attorney initiated this entirely on his own. If he did then he is generating business for himself at the expense of the City when it is not asked for. He received a report from Riverside Highland Water Company and is always impressed how public water agencies have to list everything that goes down the pipe with great detail and yet we spend $5.00 a gallon for Sparkletts or Arrowhead and you can't get a report like that from them. He along with Mayor Ferre attended the oversight committee meeting of the Colton Joint Unified School District that oversees the spending of the school bonds. They talked about the High School and how they spend the bond money that we are providing. Councilmember Garcia, stated that she is very happy to be at the meeting, she was ill and missed the last Council Meeting. She is looking forward to the wonderful events that take place in the City. She reported that the Annual Art Show hosted by the Historical and cultural Activities Committee will be held on May 1, 2005 and encouraged everyone to attend. She expressed her sorrow for the loss of Hannah Laister and feels that she will be missed. Grand Terrace Days will be held on June 4, 2005. She will be attending the Regional Council of the Southern California Association of Governments and they will be having their 401" Celebration. She indicated that as part of her responsibilities with the League of California Cities she sits on a group called The Institute of Local Government acid theyput together a brochure ABC's of Open Government Laws that she wanted to share with The City Attorney. She questioned what was going on at the corner of Barton Road and Mt. Vernon. City Manager Schwab, stated that they were doing a traffic count on Barton Road. Councilmember Garcia,encouraged residents to ask if they see something unusual going on. Councilmember Miller, stated that he supports what Councilmember Hilkey says with regards to Public Comment and referred to a section in the Brown Act. He stated that he got off the freeway at approximately 2:30 p.m.and on Barton Road there was a transient standing and begging for money and would like to come up with a solution to that problem. He stated that we need to be on top of areas that could potentially be a problem with the West Nile Virus. He questioned what the status of the trash on the hill is. Assistant City Manager Berry,stated that he will look at different ways that they can retrieve the debris on the hill. Council Minutes i April 28,2005 Page 5 ' Councilmember Miller,he requested that staff provide a list to him of the properties that are owned by people that live out of town and rentals that we may know of. Mayor Ferre, stated that Mr. Karger requested more information other than APN numbers ' on the agenda and requested that staff give an explanation. City Manager Schwab, responded that we have always used APN Numbers as a source of identifying parcels. The APN Number is the legal parcel identifier. Be stated that if the Council would like staff to include a street address if possible or description if possible they will. Mayor Ferre, questioned what Mr. Karger meant by an Open Meeting. Mr. Karger, stated that he would like more information available on the agenda if possible. Mayor Ferre, reported that she attended the prayer breakfast put on by the Grand Terrace Woman's Club along with Mayor Pro Tern Cortes,City Manager Schwab and Assistant City Manager Berrywhich was a lovely event. On April 24,2005 the Grand View Baptist Church celebrated 40 years, they had a lovely dedication and was privileged that she was able to attend. On April 15`h the Catholic Church in Grand Terrace dedicated their Blessed Junaferra Serra House of Formation and she attended that along with Mayor Pro Tern Cortes and City Manager Schwab. She complimented Assistant City Manager Berry on the mailer that was put together on the update on the OAC. PUBLIC HEARING -None UNFINISHED BUSINESS 7A. Response to Public Comment from March 10, 2005 Councilmember Hilkey, indicated that he requested that this item be placed on the agenda because he wants the public to know the answers to the questions that were presented at the previous meeting. He indicated that he requested the responses from the April 14, 2005 meeting as well but only the March 10, 2005 meeting was given. Councilmember Garcia, would like the specific language that talks about what has to be in closed session at the next meeting. She looks forward to having the discussion at the next meeting and that everyone on the Council wants to do the right thing for the community. Mayor Pro Tern Cortes, stated that she felt that City Manager Schwab responded to the questions that were asked at the last Council Meeting and that we should continue to do that. Council Minutes , pril 28,2005 Page 6 Councilmember Hilkey,stated that questions have been answered more freely. He feels that there is a serious problem with the Agenda tonight,however,it will be discussed at the next meeting. Mayor Ferr6,indicated that she has stated that any Councilmember can ask a question during their Council Report,which is stated in the Brown Act, and any member of the Copncil can do that. NEW BUSINESS 8A. Riverside-Corona Feeder Project MayorFerr6 indicated that she would be abstaining from discussion,her son does legal,work for Western Municipal Water District as its General Counsel. The City Attorney has advised her that there is no conflict of interest and that she could fully participate in this matter, however,she has decided to abstain to avoid even the appearance of a conflict of interest and will therefore turn the gavel over to Mayor Pro Tern Cortes. City Manager Schwab, indicated that staff was approached by Western Municipal Water District to discuss the construction of a 60 inch water line to deliver water pumped from the Bunker Hill basin in San Bernardino to Corona. This line would bi-sect Grand Terrace with the pipeline running in Barton Road from Hilltop Drive in Colton turning south on Mt. �r Vernon to Main Street and on into Riverside Count y. ' Grand Terrace staff requested an engineering study to show how a waterline could be installed in our city streets and the impact to our existing utilities and improvements. Western Municipal Water District has indicated they would provide two pipe turnouts for Riverside Highland for emergency water access but the pipe would otherwise serve no beneficial purpose for the residents of Grand Terrace. It is our understanding that as a public agency Western Municipal Water District could use eminent domain to install this facility but we feel that they wish to avoid that process. The project would require Western Municipal Water District to obtain an encroachment permit from the City to do the work. Currently they are proposing to re-pave a 16 foot pass over the 10 foot trench with a slurry seal and re-stripping of the affected roadway from curb to curb. The estimate of time reported in the study under the best of conditions was 17 weeks or 4 months and more likely with delays could easily be a six month project. Due to the disruption of the two major arterials and the time involved we believe that full reconstruction of the trenched area and a street grinding with minimum 2 inch petromat overlay should be required. In addition a guarantee to repair all future trench failures due to the pipeline should also be agreed to. Council Minutes April 28,2005 Page 7 JeffreyD. Sims,P.E. Western Municipal Water District, gave a presentation on the project and the benefits of it as well as how it will affect Grand Terrace. City Manager Schwab, stated that he feels the impacts to the City will be extreme in terms of the street disruption and even though they have agreed to give a couple of turn-outs to Riverside Highland Water Co. it would only be in the event of an emergency. He feels that in their Environmental Impact Report they need to mitigate things,that they,are going to damage. He'stated that he is in full support of this project because he feels that we need to think regionally,however,we should ask for and receive a street reconstruction curb to curb. Councilmember Garcia, expressed her concern with the amount of utilities that are already underground on Barton-Road. , Assistant City Manager Bevy, indicated that a disruption on Barton Road could impact the businesses in the area. Mr.-Sims, stated that they would provide access to all local businesses,however,there may be a day or two disruption. Councilmember Garcia, agrees with the City Manager about thinking regionally,however, she would like to see the condition included in their Environmental Impact Report the mitigation of things that they are going to damage as well as street reconstruction curb to ' curb. She would like to know the exact impact to the City. Don Hough, Riverside Highland Water Co., indicated that they like to have as many emergency sources as possible. They feel that the long term benefits of this project far outweigh the work that has to be put into it for the short period of time. Councilmember Hilkey, stated that it is an expensive impressive project. Councilmember Miller,feels that his major concerns have already been brought up by staff. He feels that streets affected should be reconstructed curb to curb as requested by the City Manager. He expressed his concern with what time of year the project is done due to weather prolonging the time it takes to complete the job. He expressed his concern with how the businesses will be affected. Mayor Pro Tem Cortes, stated that she concurs with the rest of the Council She expressed her concern with how this project will affect the building of the new high school and the new homes that are being built in Highgrove. City Manager Schwab, stated that the new homes in Highgrove will be completed,by then and it is their hope,to have the new high school open in September 2, 2008 so it will not Council Minutes April 28,2005 Page 8 have any impact on the construction of either one of those projects. ' CLOSED SESSION -None Mayor Ferre adjourned the meeting at 8:03 p.m.until the next CRA/City Council Meeting which is scheduled to be held on Thursday, May 12, 2005 at 4:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace I cr'TY RpMD TERR C Community Services Department 1 - I Staff Report CRA ITEM ( ) COUNCIL ITEM ( ) (X )MEETING DATE: May 12, 2005 SUBJECT: AWARD OF CONSTRUCTION BID FOR GRAND TERRACE CORPORATE YARD FUNDING REQUIRED: -(X) NO FUNDING REQUIRED ( ) ' I RECOMMENDATION: Award the construction bid to E.G..N. Construction, Inc., lowest bidder , BACKGROUND: On April I" and April 8°i 2005, City staff advertised for the Grand Terrace Corporate Yard,Construction Bid (GTB No. 05-01). The bid package included several corporate yard improvements that will help the City comply with NPDES (Storm Water Runoff) guidelines. The project highlights included: ' A. Re-grading of the corporate yard B: Installation of a new aggregate and asphalt concrete payment C. Installation of 450 gallon Precast,Stormceptei D. Install metal building-and shelter structure The engineer's estimate for the total project was $139,102.70. On January 20, 2005, the City received two bids. The lowest qualified bid was received from E.G.N. Construction of Upland for $213,707. The remaining bid was_ $263, 830.23. A reference check was conducted for cities that previously contracted with the low bidder. All referenced cities indicated a high quality of service within budget and on'time including the recent work on Mt. Vernon and Grand Terrace Road. Staff reviewed the project with E.G.N. and determined that some of the non-essential items could be deleted to reduce the cost of the project while preserving the NPDES compliance portion. The final contract amount for service is $-137,401.90. This amount will be split between the `04-`05 and 05-06 budgets on two separate PO's. Funds for this project are provided through the Sewer Fund 21-573-713 Staff recommends that the City Council authorize the Mayor to execute a construction contract for the Grand Terrace Corporate Yard to E.G.N. Construction, Inc. LLrt.�"Z011 AGENDAe�, PROPOSAL TO THE CITY OF GRAND TERRACE BID SCHEDULE B Improvements for the Grand Terrace Corporation Yard in the City of Grand Terrace I � J _ ITEM ITEM P = PARTIAL i QTY UNIT UNIT TOTA1 NO. + COST COST ( ) ( ) i ivlobilization 1 LS 1,000-00 2 Traffic Control I 1 •LS 0 3 Erosion Control [ 1 LS 4' Cleari'n.g & Grubbing 1 LS 3 466.00 P 5 Unclassified Excavation i 1 LS 15,502.0 P 6 Provide Surve in and Staking1 LS 2,500.00 P 7 Install 3" Asphalt Concrete Pavement` 303 t 1 TN 65.95 P .8 8 Install 5" Crushed Aggregate Base 500 t 1 LS - 9 Install 6" PCC Slab 1 LS 16 000.0 10 Install 5' High Chain Link Fence ! 1 LS p 11 Install 6" PCC Curb 1 LS 0 12 Install 3' Wide PCC Gutter Ribbon 50 if 1 LS 1,000.00 _. P '1.3 Trim Tree to Complete Work 1 LS 5 -DO 14 Install 450 Gallon Precast Conc. Stormce for 1 . LS 00.00 15,%, Relocate Existing Storage Container 1 1 LS, -00 16 Install 6" PVC Sewer Line ! 1 LS 9 000.00 17 Install 4" PVC Pipe with Pull Roe 1 LS p 18 Sawcut & Remove Existing Pavement; 1 LS 4,250.00 P 19 Install 6" AC Curb 1 LS 0 20 Install Tee with Ball Valve 1 LS 500 21 . Install 2" Co er'Water Line and Fitting' s "ILS .000.00 22 Install 2"x4" Redwood Header i 1 LS p 23 Install CMU Retaining Wall 1 LS 17,100.00 24 Install 6' High Retaining Wall 1 LS 8,350-00 25 Install Sewer Clean Outs 1 LS. 1,0uu.00 Install 14"x14" Gutter Drain i 1 LS 2,0— 27 Install Metal Building & Shelter Structure 1 LS 1 0 I TOTAL AMOUNT OF BID IN FIGURES: S i 137,401.90 TOTAL AMOUNT OF BID 1N WORDS: S ONE HUNDRED THIRTY -SEVEN THOUSAND—FOUR HUNDRED ONE HUNDRED;-DOLLARS AND NIENTY CENTS Grand Terrace Corporation Yard Page 19 I ! i AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND EGN CONSTRUCTION CORPORATION, INC. 'FOR THE PROVISION OF CONSTRUCTION SERVICES FOJZ THE' GRAND TERRACE CORPORATE YARD (GTB,BID NO.05-01) THIS AGREEMENT IS ENTERED INTO THIS DAY OF , 2005 BY AND , BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND EGN CONSTRUCTION, INC. ("CONTRACTOR")'FOR THE GRAND TERRACE CORPORATE YARD. WHEREAS, CONTRACTOR is a Licensed and Qualified Contractor to perform the services required of the Grand Terrace Corporate Yard for the City of Grand Terrace; and i WHEREAS, CITY desires to utilize the services of CONTRACTOR to implement the Grand Terrace Corporate Yard NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. SERVICES OR SCOPE OF WORK Contractor shall perform all the services as described as follows: A. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Bidding Schedule B and Addenda of the City's Specification, in accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools and services necessary therefore, except those materials, equipment, tools and services as may be stipulated in said specification to be furnished by said City and to do everything required by this Agreement and the said Specifications and Drawings. B. The Notice Inviting Bids, Instructions to Bidders, Proposal, Information Required of Bidder, Specification, Drawings, and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. C. In entering into a Public Works Contract for a subcontract to supply goods, services or materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchases of goods, services, or materials pursuant to the Public Works Contract or the subcontract. This assignment shall be made and become City of Grand Terrace- 2005 Grand Terrace Corporate Yard-Page A-1 effective at the time the City tenders final payment to 'the Contractor without further acknowledgment by the parties. SECTION 2. SERVICES PROVIDED CONTRACTOR shall provide all labor, supervision and equipment required to perform said services. SECTION 3. COMPENSATION Contractor shall be paid One Hundred Thirty-Seven Thousand Four Hundred One Dollars and Ninety Cents ($137,401.90) as outlined in the bid price schedule submitted by Contractor. Total compensation for the Project is a not to exceed amount of that amount. SECTION 4. BUSINESS LICENSE CONTRACTOR and all designated subcontractors shall, within five (5) days of executing this contract, obtain a current City of Grand Terrace business license, during the term of this contract or any extension thereto. SECTION 5. INDEPENDENT CONTRACTOR The parties agree that CONTRACTOR is an independent contractor who is being paid to produce a result. CONTRACTOR is in no way an employee of CITY or CITY. CONTRACTOR controls the means of accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for employees of CONTRACTOR and said employees shall in no way be deemed or construed to be employees of CITY or CITY for any purposes. SECTION 6. EFFECTIVE DATE/TERM This agreement shall become effective upon the date of execution of the Agreement by both parties and terminate 120 days thereafter, unless renewed or extended by mutual agreement. SECTION 7. TERMINATION City shall have the right to terminate this agreement at a date earlier than specified for default. Before CITY exercises said right, it shall give CONTRACTOR 15 days notice of the facts constituting the default and a chance to cure any deficiencies within that time. If those deficiencies have not been cured, CITY shall have the right to send CONTRACTOR notice that the contract has been terminated for default pursuant to this paragraph by giving notice as provided herein. City of Grand Terrace- 2005 Grand Terrace Corporate Yard-Page A-2 SECTION 8. ASSIGNMENT No assignment of this contract may be made without the expressed written consent of CITY. SECTION 9. NOTICE The parties may give notice under this contract by sending such notice certified mail addressed as follows: TO CITY: CITY OF GRAND TERRACE 22795 Barton Rd. Grand Terrace, CA 92313 ATTN: Steve Berry, Assistant City Manager TO CONTRACTOR: EGN.CONSTRUCTION, INC. P.O. Box 367, Upland,CA-91785 Attn: Ernie Norlund Such notice shall be deemed received five (5) days after,mailing, whether signed for or not.,,..,!_. SECTION 10. GRATUITIES CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to CITY'S employees, agents or representatives with a view'toward securing this contract or securing favorable treatment with respect thereto. SECTION 11. CONFLICT OF INTEREST CONTRACTOR warrants that he has no"blood or marriage relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project. CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules, agrees to abide by those rules, and agrees that any breach of those-rules shall give CITY the right to rescind, cancel or otherwise terminate this agreement, at CITY'S discretion. SECTION 12. INTEGRATION This agreement constitutes the entire agreement and understanding between the,panties hereto, and it shall-not be considered modified, altered, changed, or amended in any respect unless in,writing and signed by-the parties hereto. SECTION 1.3. NO WAIVER The failure of the CITY at the time to require performance by the CONTRACTOR of any provisions hereof shall in no way affect the right of the CITY thereafter to enforce same: - Nor City of Grand Terrace- 2005 Grand Terrace Corporate Yard—Page A-3 II shall waiver by the CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. SECTION 14. INSURANCE The Contractor shall supply insurance and licensing as follows: Commercial General Liability: Primary insurance shall be provided on IOSCGL Form No. CG 00 01 11 85 or 88. Total limits ' shall be no less than 1 million dollars per occurrence for all coverage's and 1 million dollars general aggregate. City and its employees and agents shall be added as additional insureds using ISO Additional Insured Endorsement form CG 20 10 11 85 (in no event will City accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall 'apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. Worker's Compensation: ,41 1 Worker's compensation shall be written on a policy form providing workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance and completed Declaration Regarding Licenses Status form. Contractors and all designated subcontractors must also have a valid City of Grand Terrace Business License. Auto Insurance: CONTRACTOR shall provide Auto Insurance as follows: Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be written no less than (one) 1 million dollars per accident. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described is acceptable. City of Grand Terrace- 2005 Grand Terrace Corporate Yard—Page A-4 SECTION 15 LEGAL ACTION Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Agreement, the City shall recover, in,addition to all other relief, its reasonable attorney's fees and court costs to be fixed by the Court. i SECTION 16 ATTORNEY'S FEES ' The parties agree that should any dispute arise concerning the interpretation of this contract, or ' regarding the performance or non-performance of this contract, that the prevailing party shall be entitled to reasonable attorney's fees. SECTION 17 EXTRA WORK The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been authorized in writing to do so by CITY. SECTION 18 ECD CONTACT PROVISIONS The Contractor hereby acknowledges that funding of this project is derived from Community development Block Grant funds and that the Contractor will comply with all provisions of the Department of Economic and Community Development Construction Provisions (Appendix A of the Bid Specification§). WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first , above written. I ATTEST: CITY OF GRAND TERRACE By: City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR By: City Attorney Title: City of Grand Terrace- 2005 Grand Terrace Corporate Yard—Page A-5 RECEIVE® Historical & Cultural Activities Committee APR , [ 2005 Minutes for April 4, 2005 CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT The meeting was called to order at 7:05 p.m. by Chairman Pauline Grant. Those present were Pauline,MayorMaryetta Ferre,Colleen Edumundson,Shelly Rosenkild,City Clerk Brenda Stanfill, Masako Gifford, Frances Carter and Ann Pella. Secretary's Report:The Minutes for March 7"were read and approved on a motion by Frances,and , seconded by Ann. Motion carried Treasurer's Report: The Budget shows a balance of$854.40,with Petty Cash at $108.76. Historical Report: Ann made some comments on the contributions of Hannah Laister to the Committee and asked that they be included verbatim in the April Minutes. "Hannah yeas appointed to this committee in September of 1980 and sometime in 1981 or 1982 she became Secretary and held that position until her brief illness and death on April 1, 2005. In the early 1980's she took on the job of keeping the Committee and City articles in scrapbooks, a job that Shelly took on about a year ago. Over the years as Committee photographer, she took many photos of City events, Committee and City functions and Citypoints of interest_which she helped place in scrapbooks along with historical j5`hotos. Hannah was a very dedicated and efficient member, and in the 25 _years that she was pan of this group, she missed very few meetings. She ,,will be greatly missed by this Committee!" Frances made another e-mail contact with the Jimmy Webb Music Co.regarding his Grand Terrace song. The reply contained information on his current scheduled appearances,but no mention of the song. Art Show: Ann has been contacting people for the show. About 20 people have shown an interest in participating and 7 applications have been received. She will have the "Room set-up" and label list ready for Brenda about one week before the show. Frances and Colleen will take the Art Shot posters to the City businesses on April 18`}'. Shelly will get the Art Show signs up about 2 '/2 weeks before the May 1" shout. She will also get the balloons and about 150 napkins. Pauline asked that everyone bring cookies,little sandwiches or other finger food. Her notes indicate that we did not have enough last year. Mayor Ferre offered to bring something. Frances will take care of the punch. Colleen will check on supplies-cups;plates,guest book.table cloths and will buy,,A hal she needs. She will also buy ice and water and bring her folding table. Pauline will send invitations to the City Council.The An screens and kitchen screen are being readied for the show. Saturday,April 30",hours for the committee: 1-3 p.m.to take in art work; 7 p.m. begin to hang art work. On Art Show day,May 1", Committee should be there by 11:45 a.m. if possible. Art Show is May 1" 1-4 p.m. The meeting was adjourned at 7:45 p.m. The next meeting will be May 2, 2005. Respectfully Submitted, Ann Petta Substitute Secretary o STAFF REPORT CRA ITEM O COUNCIL ITEM (X) MEETING DATE: May 12, 2005 SUBJECT: APPOINT MEMBER TO HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE - YBARRA An unscheduled vacancy currently exists on the Historical & Cultural Activities Committee, with the term to expire on June 30, 2006. The Historical&Cultural Activities Committee has reviewed the attached application received from Gloria Ybarra and is recommending that the Council appoint Ms.Ybarra to fill the unexpired tern. Staff Recommends Council APPOINT GLORIA YBARRA TO THE HISTORICAL & CULTURAL ACTIVITIES COMMITTEE TO FILL AN UNEXPIRED TERM SCHEDULED TO EXPIRE JUKE 30, 2006. 1 ITEM NO.' RECEIVED N, - I APR 2 2005 CITY OF GRAND TERRACE APPLICATION FOR CIT12EN` SERVICE C''''YOF G �'DE��RAC r CLERK'S (Complete and submit to the City Clerk's Department) A pplying as a member of 'i 6+0r i C- ,,,d G r-eJ A j- ONV- ;f4e-e_ N me /D Y 4� t�OL`C Y 0-1 A dress a� /� , � V ry 1'y tl- �/ S ra-V, j -Te Y'Y'G>i C , C c� 42313 H me Phone 9 a 9 ) 7�� ` Business Phone O cupation � Education (List highest year completed and all degrees) a, d U" Y`o tit. m o t+ k sc-k ID FM Co- UJ a,Spigs o r A e there an,, workday evenings you could not meet? ( ) Yes ( ) No If so, please list Y' 1 , Why are you interested in this appointment? 40 Lia e- 0 0_0 11 Ui OLLY Co1AtVAt.LV% 1 + dfa v t a to&\./ S b� e h ! h-�`� v°.�s' d z Y► i $ `�o r C a a- S - S a, hat do you consider to be your major qualifications? LLV c °W rk 4 n I e lh o r- t h a e> -�e-e r r J . C mT o tr t 6A ) 4.h o >n 'C' r �C h�` { 11 1�b l�i.a t h 9 1 h � � J �-v er -� 5 e r V I Coh a R ferences t, C U�,r r i rti'�` I O h t i S comM. e 2. J. Please attach a written statement containing any additional information you feel would be useful to the City- Council. CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE RECEIVED ' Regular Meeting MINUTES ,~f b 2005 April 5, 2005 GRAND TERRACE r�ve DEPARTMENT The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building 3, The meeting was called to order by Chairperson Vic Pfennighausen at 6:05 p.m. Agendas were distributed. MEMBERS PRESENT— JoAnn Johnson, Vic Pfennighausen, Dottie Raborn and Glenn Nichols. MEMBERS ABSET4—Rich Hauberi CITY STAFF—Assistant City Manager, Steve Berry and Management Information System Specialist, Dragos Barbu. GUESTS PRESENTANTRODUCTIONS —Mayor, Maryetta Ferre' APPROVAL OF AGENDA with motion by Dottie Raborn and second by Glenn Nichols. APPROVAL OF MINUTES OF MARCH ], 2005 were approved as written. Motion by Dottie Raborn and second by Glenn Nichols. LIAISON REPORT by Steve Berri' c. JieN E X�eS a, gained. 1. The rriaps of the city used for emergencies'need to be much larger. 2. It is imperative that we be able to act fast. 3. Library of training tapes should be viewed. b. The Cross Training requested last month will probably involve Mike Mullins and Mike Cruz. 1. Either Mike Mullins or Mike Cruz will try to attend the April 7'h Field Trip to the County EOC in Rialto. 2. Field trip to the Red-Cross facility on April 201h will try to include the other. c. More than half the curbs have been repaired as a deterrent for West Nile in the city. Money received from the state to fund storm damage paid for all or most of it. d. Rich will get together with Steve to try to arrange a meeting with the new Fire Department Captains. This is a carry over from last month. EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Trailer has a leak in roof vent. Vic will purchase and install new one. b. Vic has not as yet ordered multiband antennas for trackers. One will be for trailer. c. All electronic equipment is working well. UNFINISHED BUSINESS a. Microwave and Ice Box for trailer have not yet been purchased. b. Vic will go to Stater Brothers on April l l'h to check on the status of our request to have them put together an emergency food supply for the EOC. NEW BUSINESS a. Location of trailer at Grand Terrace Days is very good. Up front,just inside lower gate. b. Those who will help at EOC on that day are Dragos, Vic, Dottie and JoAnn as available. c. Maryetta suggested that the Volunteer Picnic had been planned for May. JoAnn will check with City Clerk for any conflict with use of Seniors building. TRAINING/SPEAKERS (future) a. Tour of the Arrowhead Hospital still being planned for 2005. Glenn has been making arrangements and will try for May 20'h with May 61h as an acceptable second choice. Will try for 2 p.m. b. Vic has arranged for a return visit to County EOC for April 7'h at 2 p.m. Meet at our EOC at 1 p.m.. c. Tour of Red Cross facilities has been arranged by JoAnn for April 20'h at 2 p.m. As before, meet at our EOC at I p.m. d. JoAnn reported on lecture scheduled by Loma Linda University Amateur Radio Club on April ]01h at 7 p.m. JoAnn and Glenn will plan to attend. e. Steve emphasized the importance of our(the City and the EOC)being able to take over some situations. A 20 minute tape was shown. This was very interesting as well as informative showing how each discipline might become the Incident Command,but also, how they all work together. (Fire, Sheriff, Emergency Operations) ADJOURNMENT at 7:10 p.m. Respectfully submitted. ioAnn Johnson. Secretary NEXT MEETING WILL BE TUESDAY, MAY 3, 2005 AT 6 P.M. STAFF REPORT ' CRA ITEM ( COUNCIL ITEM ( X ) MEETING DATE: May 12, 2005 FUNDING REQUIRED NO FUNDING REQUIRED X SUBJECT: Specific Plan SP-04-01-Al and E-65-10 to amend the Outdoor Adventures Center Specific Plan to remove approximately 7.8 acres , located at the northwest corner of Pico Street and Taylor Street. - RECOMMENDATION: Approve Amendment #1 to Specific Plan SP-04-01 as recommended by the Planning Commission. Background: On April 21, 2005, the Planning Commission held a public hearing on a proposed amendmbnt to SP-04-01, the Outdoor Adventures Center Specific Plan. The Planning Commission took testimony from the general public voted to approve the Specific Plan Amendment and' its accompanying Environmental Assessment on a vote for 4-0-1 with Chairman Wilson absent. The AES Corporation (dba Riverside Canal Power Company) has submitted an application for an amendment to SP-04-01 (the Outdoor Adventures Center Specific Plan) to remove approximately 7.8 acres of the Specific Plan's Planning Area 6 and return it to its original M-2 Industrial zoning. The request has been made as part of AES's effort to evaluate the potential to permit a 300 megawatt natural gas powered peaker plant. AES currently owns the old Highgrove Generating Station formerly owned by Southern California Edison. They wish to consider this 7.8 acre parcel as an alternative to siting the new power plant at their existing site. Removal of the site from the OAC Specific Plan will allow this site and the existing power plant site to be analyzed under identical zoning conditions which will allow for a more equitable evaluation. Under State law, permitting of new power generation facilities is the primary responsibility of the California Energy Commission (CEC). All applications and CEQA review will be performed under the CEC process. If AES moves forward with the CEC permitting process on either the 7.8 acre site or their existing site, the City of Grand Terrace will be actively involved in the review process including the issuance of conditions of approval. The subject property is currently owned by the City Community Redevelopment Agency. In the event that the CEC issues a permit for a power plant on this site, the property will be swapped'for all or a portion of the existing power plant site once demolition of the old facility is complete and it has been certified as environmentally clean and free of any hazardous materials.. Recommendation: The City Planning Commission recommends that the City Council approve proposed Specific Plan Amendment SP-04-01-A1 and its accompanying environmental assessment E-05-10. Respectfully submitted, G Gary-koontz Community Development Director Attachments: Exhibit 1 Zoning Map Exhibit 2 OAC Specific Plan Land Use Map Exhibit 3 Aerial Photo Exhibit 4 Planning Commission Staff Report Exhibit 5 Resolution of Approval '"GLK:gk 2 • upon •a uti Ing IMF �3 �" _ �{', t��: Y fir_• N is _ miff le }; F 'lei 14 ., ;j c s..,, -Y � .� �aCr �y�,i�.} .r J'...z��t.`F ;��'�xy�-�l�� r�J,t�- �•+..��s{ y+,r �{�✓� 7 s. ih E •,•,r•t✓v x S'�Tl nt F "4" t `+a"i"'''C 7fx3t'",,tt 'p , , I 1 � I�.^.^ ..,•.r:w � v -. � �- is I l ' I '�— .. � •' r 4\ �I „ �',!�, r• �T:� � ;{ ' •' �� 1 j�1•� .tom �. �y •+r,: 1 A: d- �� "'111� i� � ll* � +l � x,:C11fIR r•. ^.��t''�`•'`y �' 'n wt. 1 I � I �.l• ..i'' � j Ial � _ ` r. •t . i�-�,• • � x: •ra •.i :11•-ar .a::'�'....i o• '•` t'1 S �. .��iy'" Y. ••i t 1 t �� A•i. ►�.j is SITE PLAN EXHIBIT 1-4 -- -- ' FELnpire Devel opment • 1 c " g'i I t :1 1 1 '•' •�� a I t • :1' a• �'1 i 1 • � �� - 0- 7V f FT J f M:ill I T I,-TF !Irl 1,,!4 ij 1 • It,l !I I•..i!• It;l ir•�It.. ? 1 ,1''I. �I' �;•�..L.>r.4:3� �5�. Ulti•;A '� � ti q4JJ 1T iT 3 I Pi ,ZA�2 �777" TM, gr7i % W $OdI -Ow , � tt WM A *T; r. V N�d Inv.— Allxl� Kgng p% �m, -, Alt ZV F, niT lKLUk R11 P:i! �-.Kv R ,7r� a Community and Economic Development f I ( ALIfORNIA Department 2795 Barton Road Grand Terrace California 92313-5295 ( 09) 824-6621 TO: Planning Commission Members FROM: , Community Development Department DATE: April 14, 2005 SUBJECT: SP-04-01-A 1. E-05-l 0 APPLICANT: The AES Corporation (dba Riverside Canal Power Company) LOCATION: Northeast corner of Pico Street and Taylor Street Assessor's Parcel Number 1167-151-63 RECOMMENDATION: Recommend approval of Amendment 41 to Specific Plan 04-01 to the City Council. i REQUEST: The AES Corporation has submitted a request to the City Community Development Department to remove approximately 7.8 acres of property from Specific Plan 04-01 (the Outdoor Adventures Center Specific Plan) and return it to its former 1VI-2 zoning status. The site is currently designated as a portion of Planning Area 6 of Specific Plan 04-01. SITE AND SURROUNDING AREA: The project site is approximately 7.8 acres in total size. Originally. the site was a portion of the Southern California Edison Highgrove Generating Station The first units at the Highgrove Generating Station were constructed to 1952 by Cal Electric ,,,Fho operated the 154 megawatt power plant until 1964. The original plant was fueled using standard diesel fuel that was brought in by rail tank car and offloaded into a series of above-ground storage tanks. The subject site was the original location of these diesel storage tanks and is commonly known as the "tank- farm". In 1964. Southern California Edison acquired Cal Electric and operated the facility until 1998 The facility was then sold to Thermo Ecotek in late 1998. As part of this purchase, ownership of Exhibit 4 the tank farm property and an onsite switching facility were retained by Edison. The AES Corporation acquired Thermo Ecotek and its wholly-owned subsidiary, the Riverside Canal Power Company, in July 2001. Riverside Canal Power Company is the legal entity owning,and operating the plant and is now a who]]),-owned subsidiary of the AES Corporation. In, 2002, Edison sold the tank farm site to the Grand Terrace Community Redevelopment Agency. Prior to the close of escrow, Edison removed the storage tanks and remediated the site for potential hazardous materials. I , The subject site is vacant and relatively flat. An earthen containment berm for the old tank farm still surrounds the,parcel The site is depressed approximately five feet below the top of•the berm. Parcels immediately north of the site are vacant. The property immediately south of the site is the Highgrove Power Generating Station and an Edison switchyard. Those lying immediately east and southeast of the site are farmed in truck crops. A group of wholesale lumber yard§ are located further to the southeast. This area is currently in the process of being acquired by the Colton Joint Unified School District for the development of a new public high school. Parcels immediately west of the site are developed as industrial uses. The site lies between two active rail lines. The main line of the Burlington Northern Santa Fe Railroad is located on the west side of the site. A spur line of the Union Pacific Southern Pacific Railroad is located on the east side. GENERAL PLAN AND ZONING- - i The subject site is designated on the General Plan as "Industrial". All surrounding parcels are similarly designated as "Industrial" Properties located north of Van Buren Street are designated as "General Commercial''. In September of 2004, the City Council adopted Specific Plan 04-01 and certified its accompanying Enviromnental Impact Report. The subject site currently is included within the Specific Plan area and designated as a portion of Planning Area 6. Potential uses within Planning Area 6 primarily relate to service commercial and warehousing uses in support of general commercial uses within the Specific Plan. Areas immediately north are also part of Planning Area 6, while property immediately east is within Planning Area 5. Parcels immediately south of the site area are zoned M-2 (Industrial), and are not located within the Specific Plan area. Prior to the adoption of the Specific Plan the subject site was also zoned M-2 (Industrial). PROJECT DISCUSSION: At its February 2005 meeting. the City Planning Commission was asked by AES for a determination of consistency for power plants in the M-2 zone. The Commission made a unanimous determination that power generating facilities are a permitted use within the M-2 zone. AES is currently evaluating the potential to develop a new 300 megawatt peaking plant at the site of the Highgrove Power Plant. A peaking plant is defined as a power generating facility that is only operated during hours of peak electricity demand. Presently. AES is evaluating two alternative sites for the new project. The first site is the existing Highgrove Power Generating Station. The second site is the tank farm property being considered under this action. AES has asked the City Community Redevelopment Agency to consider a land swap if they are successful in permitting a new facility on the tank farm site. Although they have the right to move forward with permitting on their current site, they prefer to have the tank farm site be considered for siting of the future plant as well. The tank farm site is further away from the proposed high school site. The permitting of a power generation facility is a long and complicated process. A summary of the permitting process prepared by AES is attached for review. Based upon discussions with AES and its legal counsel. the California Energy Commission has exclusive jurisdiction for the permitting of all proposed power plants 50 MW (megawatts) or larger in size and therefore will serve as the lead agency for the project. As noted in the attached memo. the CEC will conduct a series of public ,vorkshops, site visits and hearings to solicit public input in the permitting process. As part of this process. the City of Grand Terrace will be contacted as the local public entity responsible for land use plamning. This will include the City's review and comment of the CEQA documentation and input regarding planning issues such as architecture, landscaping, and buffering. It is staffs understanding that the CEC actively seeks local municipal input to assure that the project, if approved. meets the development standards of the local community. This request only involves the removal of the subject site from the OAC Specific Plan and does not constitute approval or support of a new power generating facility at the site. Only the California Energy Commission has the jurisdiction to approve siting of new power plants 50 MW or larger in size within the state of California. Removal of the site from the Specific Plan will provide an alternative site for analysis purposes for siting the facility. By returning the site to the M-2 zoning designation, both sites will have an identical zoning designation that will allow a fair evaluation. The City reserves its opinion of a power generating project until after it receives all appropriate information regarding the project design and environmental issues and mitigation measures. ENVIRONMENTAL REVIEW: It has been determined that this action is exempt from'CEQA for the following reasons: 1. The action*ill return the site to its previous zoning designation of M-2. At the time that the M-2 zone was applied to the site a CEQA review was performed. 2. CEQA Guidelines Section 15271 provides that early activities by public agencies related to thermal power plants are exempt from CEQA provided that the site and facility will be subject to CEQA revie 7 and documentation prepared pursuant to a certified regulatory program such as, the California Energy Commission permitting process. All CEQA compliance pertaining to siting and operating a power plant on the subject site will occur as part of the full permitting process at the CEC per Stag requirements. FINDINGS: Under Section 18.90.040 of the Zoning Ordinance, certain findings must be made when amending the Zoning ordinance. Since the adoption of an amendment to a Specific Plan is classified as a Change to the Zoning Ordinance, the Planning Commission and City Council must find that: y A. The proposed amendment will not be: 1. Detrimental to the health, safety, morals. comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city-, or ' 2. Injurious to property or improvements in the neighborhood or within the City. B. The proposed amendment will be consistent with the latest adopted General Plan. RECOMMENDATION: The staff recommends that the Planning Commission recommend to the City Council approval of Amendment 41 to SP 04-01 (the Outdoor Adventures Center Specific Plan) as called for by the attached Ordinance - Attachment 2 Respectfully submitted, c Gary L.-koontz, Community Development Director i Attachment 1 Memorandum from Bingham McCutchen dated January 4, 2005 Attachment 2 City Council Ordinance Exhibits Exhibit 1 —Zoning Map Exhibit 2 — OAC Planning Area Map Exhibit 3 —Aerial Photo c:\. .IJ OHN\Fo ms\st an d and staffreportformai ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AMENDMENT #1 TO SP-04-01 (THE OUTDOOR ADVENTURES CENTER SPECIFIC PLAN) WHEREAS; the City Council of Grand Terrace adopted SP04-01 (the Outdoor Adventures Center Specific Plan) on 2004; and WHEREAS, the,City General Plan requires the preparation of a, Specific Plan for commercial projects of 10 acres or more; WHEREAS, the proposed amendment is consistent with the City General Plan: and WHEREAS; the proposed amendment will provide an alternative to assess the potential development of a proposed power generation facility; and WHEREAS, the Outdoor Adventures Center Specific Plan (SP-04-01), as presented in Exhibit A, is consistent with the General Plan of the City of Grand Terrace; and WHEREAS; the Planning Commission found the project to be exempt from the California Environmental Quality Act under Section 15271; and WHEREAS. the Planning Commission held a properly noticed public hearings on , 2005; and WHEREAS, the Planning Commission following its public hearing on 2005 recommended that the City Council approve that Amendment #1 to SP-04-01, set out in full in the attached Exhibit A ,be approved and adopted by the City Council; and WHEREAS; the City Council held a properly noticed public hearing on 2005 for SP-04-01 Amendment ##1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE. CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The proposed Amendment ##1 to SP-04-01 set out to full in Exhibit A is hereby approved and adopted by the City Council. Section 2: An exemption to CEQA under Section 15271 is hereby approved as Exhibit B. Section 3- Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 3151 day of its adoption. Section 4: Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places with fifteen (15) days of its adoption, as designated for such purpose by the City Council. Section 5. First read at a regular meeting of the City Council of said City held on the_th day of ; 2005 and finally adopted and ordered posted at a regular meeting of said City Council on the _rd day of , 2005. Exhibit 5 1 ATTEST: City Clerk of the City of Grand Mayor of the City of Grand Terrace Terrace and of the City Council and of the City Council thereof 1 I; BRENDA STANFILL, City Clerk of the City of Grand Terrace. California; do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill; City Clerk Approved as to form. John Harper; City Attorney CTy ' RAND TERROCO Community Services Department Staff Report CRA ITEM ( ), COUNCIL ITEM ( ) (X )MEETING DATE: May 12, 2005 SUBJECT: HVAC MAINTENANCE AGREEMENT FUNDING REQUIRED: (X) NO FUNDING REQUIRED ( ) RECOMMENDATION: ENTERING INTO A NEW HVAC MAINTENANCE CONTACT WITH HONEYWELL The City of Grand Terrace as been operating under two separate HVAC Maintenance Service Agreements for air conditioning and heating services. The main agreement, which expired in December 2004, is a full service agreement that covers the HVAC equipment at the civic center and our fire station. This agreement is all-inclusive. Should any HVAC equipment break or need to be replaced, Honeywell will fix or replace at no additional cost. Honeywell has extended this contract through May 12, 2005 at 12 midnight. Honeywell has elected not to renew this contract due to the age of the equipment. The units at both the civic center and fire station were manufactured in 1984 and have reached their life expectancy. The second HVAC agreement is a maintenance only agreement and is set to expire in 2007. It covers the HVAC equipment at the senior center and the child care center. Regular maintenance is included-- but should any HVAC equipment break or need to be replaced-- the city absorbs the cost. The combined service fees for these contracts are $24,000 with an annual $5,200 energy credit (which expired 12-04). Honeywell has proposed two options: (1) A 10-year Flex Mechanical Maintenance only contract for all city facilities at a cost of$13,400 per year. This would not include replacement of any equipment---only scheduled maintenance and on-call service. (2) A 10-year Full Maintenance and Equipment Replacement contact at a cost of $54, 276.36 per year. This would include replacement within the first year of 88 tons of HVAC units at the civic center, fire station, and child care center. i Staff has received bids outside of Honeywell ranging from $269,000 to $275,000 for replacement of 88 tons of HVAC equipment at the civic center, fire station, and child care. This amount does not cover the regular maintenance of thg equipment. Options• Provider Cost Scbeduled Maint. Replacement Honeywell $13.400 per year Yes No Honeywell $54,276.36 per year Yes Yes Christian Bros. $269,378 No Yes Bebows $275.000* No Yes `Verbal RECOMMENDATION The main HVAC equipment has reached its life expectancy and will need to be replaced soon. The city could take the risk and enter into a maintenance only contract for $13,400 per year. When the equipment fails beyond repair it would be replaced. Lead time for ordering large HVAC units could be up to 8 weeks and could disrupt the work schedule at city hall. Having a vendor replace all the units at a set date (preferably during a long holiday) would minimize the inconvenience. Honeywell installed the original equipment at city hall. Staff has been very satisfied with their service and integrity. When the boiler broke two years ago and needed to be replaced, even though our contract did not call for full replacement, Honeywell replaced the equipment at a cost to them of approximately $40,000. Their offsite temperature control program allows certain room's temperatures to be set individually and adjusted with just a phone call. Replacing the existing equipment with an energy efficiency rating of 8 with new equipment at a rating of 12 will reduce utility bills 20-30% during the summer months. This equates to a savings of$3,000 to $5,000 annually. Staff recommends entering into a new 10-year contract with Honeywell for full replacement of HVAC equipment totaling 88 tons during the first year, and a full service maintenance agreement on all city owned HVAC units. Honeywell Building Solutions MUNICIPAL FACILITIES AGREEMENT Proposal Number: 930-32305 Date: April, 15-05 Agreement Number: 041505 (PROVIDER) (CUSTOMER) Honeywell International Inc.,doing business as City of Grand Terrace,CA Honeywell Building Solutions("HONEYVVELL") ' 6 Centerpointe Drive,Suite 300 22795 Barton Rd La Palma,California Grand Terrace, California 92313-5295 Nk7ork Location("Site"): 22795 Barton Rd Grand Terrace,California 92313-5295 Scope of Work. HONEYWELL shall provide the following Equipment(as further defined in Section 18.4)and Services(as further defined in Section 18.5) (collectively"the Work")in accordance with the attached work scope documents and terms and conditions Scope of Work(Attachment A)and General Terms and Conditions, which form a part of this Agreement. Services HONEYWELL will provide under this Agreement specifically exclude inspection, investigation,discovery,identification,prevention or remediation of Hazardous Substances(as defined in Section 18.1)or Mold(as defined in Section 18.2), conditions caused by Hazardous Substances or Mold, or conditions that might cause or promote the accumulation, concentration, growth or dispbrsion of Hazardous Substances or Mold. Under this Honeywell Municipal Facilities Agreement, Honeywell will replace the mechanical HVAC equipment and mechanical controls listed below All new and exisitg equipment on attachment "A" will be comprehensively Serviced and Maintained under the Honeywell Municipal Facilities Agreement for a fixed schedule term of-10 years. Scope of Work: Removal and Replacement of the following HVAC units: A. Child Care Center—One (1) 5-ton unit -Carrier Model#48BJM006 B City Hall— Two (2) 10-ton units- Carrier Model#48HJD012 Three(3)5-ton units-Carrier Model#48HJM006 One (1)40-ton unit- Carrier Model#50-AK040-EQ511-1I1 C. Fire Station— Two (2)4-ton units-Carrier Model#48HJM005 ❑ Disconnect and dispose of nine (9) existing A/C units from existing curbs. Remove electrical, condensate drains, control wiring,smoke detectors and ductwork if required. ❑ Furnish and install nine (9) new Carrier A/C units to existing curbs. Curb transitions will be provided if required. We will provide two (2)pitched curbs for the 10-ton units; three (3)new disconnects for three (3) 5-ton units, Re-connect existing electrical, condensate drains,control wiring, smoke detectors and ductwork if required. ❑ Evacuate refrigerant and remove per code and provide receipt to Honeywell ❑ Furnish and install new rigid ductwork per SMACNA standards. ❑ Private wage project. ❑ Rigging of new units. ❑ Start-up of new units. ❑ Material handling and Trucking. ❑ Mechanical Permit and cost if required. ❑ Labor and Supervision. ❑ Bond cost. Note:All new units are equal or less in weight than the units being replaced. Exclusions: ❑ All cutting,coring,sealing,patching and framing of roof for ductwork or piping penetrations. ❑ Electrical conduit, disconnects,starters, winng or hook-up not stated above. ❑ No Premium time is included in this proposal. ❑ Combination smoke/fire dampers. ❑ No new DDC or VVT controls work are included in this proposal. ❑ Structural work or calculations. ❑ Fire life safety controls,time clocks and equipment interlocks. ❑ Asbestos abatement,encapsulation or work in asbestos environment. I Initialed by Customer: date: Initialed by Honeywell: date: Page 1 of 13 ❑ No insulation of existing ductwork, fittings;DX, CHW or HW piping is included in this proposal. ❑ Cuxb leveling devices,platforms or platform covers. ❑ Any existing HVAC code violations ❑ Any,work below the roofline. Replacment of the (13) remaining City Hall Mechanical Controls Honeywell will retrofit the remaining (1 3) electric VAV zone controls in the City Hall. (13) 120V 9"LEADS 2 SECONDARY SCREW TERMINALS-TRADELINE (13)ML7174A2001 IN **CUSTOM PACK* (13)VALVE DCA FOR V5011A&C,SELF-CONTAINED,SELF-ADJUSTING LINEAR ACTUATOR (13)T7984C]053,LOCAL THERMOSTAT (13) 1/2"NPT,2-WAY SCREWED VALVE 4.00V D.A.,_%FLOW,SINGLE SEATED,ANSI150 (13)BRONZE BODY,40-250F,3/4"TRAVEL l Preferred Mechanical Maintenance Services 1.1 Scope-HONEYWELL will maintain the mechanical systems,components, and hardware listed below: List of Covered Equipment: DESCRIPTION List of Covered Equipment: 1 1 1 Library Roof Package Unit 110 Ton (Carrier I 2 1 1 1 Meeting Room/Roof Package Unit 110 Ton (Carrier �3 1 1 1 Council Chambers/Roof Package Unit 15 Ton (Carrier —i 1 1 City Hall Package Unit 15 Ton (Carrier 5 1 1 City Hall Package Unit 15 Ton CCarrier 6 1 1 1 Admin/Roof Package Unit 140 Ton !Carrier 7 1 1 1 Fire Station/Roof Package Unit 14 Ton (Carrier S 1 1 Fire Station/Roof Package Unit 14 Ton (Carrier 9,, 1 1 Equipment Room Boiler 125HP !Bryant 10 1 1 1 Equipment Room Pump 13 HP (Unknown 11 1 2 1 Equipment Room Pump 1 11 HP UUnknown 1 I 1 Child Care j Package Unit 14 Ton CCarrier 2 1 1 Child Care j Package Unit 5 Ton lCarrier 3 1 1 Child Care Package Unit 5 Ton CCarrier 4 1 1 1 Child Care 1 Package Unit 3 Ton 1Carrier 5 1 1 1 Child Care Package Unit 3 Ton Carrier 6 1 I Child Care Electronic Time CloclN/A Unknown I 1 i 2 1 Senior Cntr Split Unit 4 Ton Rheem 2 1 Senior Cntr I Package Unit 4 Ton Carrier 3 1 Senior Cntr I Package Unit 12.5 Ton 1 Carrier 4 1 Senior Cntr 1 !Electronic Time ClockN/A N/A 1.2 Preventive Maintenance - Each preventive maintenance call will be scheduled by a computer-generated service report detailing the tasks to perform; the skill levels required, and the special tools and instrumentation required to maintain the systems. Maintenance intervals will be determined by either equipment run time or a frequency determined from consideration of equipment operation, application, location, or criticality of end use. Upon completion of each service call, a summary of the preventive maintenance tasks completed will be provided to CUSTOMER Proposal Number: Page 2 of 13 1.3 ,Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the functional limitations of presently installed hardware,fiimware,and software found on CUSTOMER'S system(s). HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as required to maintain CUSTOMER'S system. At HONEYWELL'S sole 4iscretion, marginal components may also be repaired or replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged parts shall become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. Notwithstanding the foregoing, at initial inspection, at initial seasonal start-up, or following twelve (12) months of service, if any individual component cannot, in the sole or exclusive opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of commercial availability of standard parts, and/or excessive wear or deterioration. HONEYWELL may remove said component frorA the List of Covered Equipment; with 'sixty (60) days ,vnnen notice. Non-maintamable components will be eliminated from coverage under this Agreement and HONEYWELL shall adjust the price accordingly. 1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency situations. However, should an emergency arise,HONEYWELL personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that is not listed in Article 1.1 above, CUSTOMER will be liable for charges prevailing for such service Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of emergency service coverage): 0 Continuous Emergency Service: 24 hours per day, sevep days per week, federal holidays included ❑ Extended Hours Emergency Service: 12 hours per day,five days per week, federal holidays excluded. Specified hours: 6:00 a.m. - 6:00 p.m.,Monday through Friday ❑ Regular Business Hours Emergency Service: i 8.5 hours per day,five days per week,federal holidays excluded. Specified hours: 8:00 a.m. -4:30 p.m.,Monday through Friday. 1.5 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions penainmg to Service delivery, and identify opportunities to further improve performance of the Equipment. 1.6 Honeywell ServicePortal — HONEYWELL will provide customer access to an Internet-based application that will allow the CUSTOMER to securely submit non-emergency service requests online; view status of all service calls, whether scheduled, open or closed;view appointments and task detail of work performed on contracted service calls: and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality enhancements or deletions are at the discretion of HONEYWELL. Proposal Number: Page 3 of 13 Air Filter Services 1.1 Scope - HONEYWELL will furnish and install air filters appropriate for the design condition of CUSTOMER'S ventilation systems. Media for the fan system units listed in this section will be replaced according to the following schedule: List of Covered Equipment: t Changes per year ACEquipment Quantity Size Type (1,2,4,6,or 12 Units 1-17 44 12x2000 Pleated 6 1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in ' Article 1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL-supplied frames from the facility. or offer CUSTOMER the opportunity to purchase them at the current market value. 1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of media changes for the fan systems listed in Article 1.1 above, the frequency will be changed. and the Agreement amended to reflect the ne-%v media change frequency. The Agreement price will be adjusted to account for the revised media change frequency. 1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER mill discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. t Contract Effective Date: Periodic Payment: (See Attachment B), (plus applicable taxes) Payment Terms: Quarterly in Advance Number of Payments: 40 payments - Contract Tetrti:_Ten_ (_10_)years from the Contract Effective Date. Customer Honeywell (INITIALS) Submitted by HONEYWELL.(signature) Name- Title- Date- This proposal is valid for 30 days. Acceptance: This proposal and the pages attached shall become an Agreement in accordance with Article 13 below and only upon signature below by an authorized representative of HONEYWELL and CUSTOMER. Accepted by: HONEYWELL INTERNATIONAL INC. CUSTOMER: Signature: Signature: Name Name: Title- Title- Date- Date- Proposal Number: Page 4 of 13 General Terms and Conditions 4.2 CUSTOMER is responsible for maintaining its own liability and property insurance at levels at least corresponding to the levels in 4.1.CUSTOMER shall 1. WORKING HOURS keep the Equipment insured against all risks of loss or damage from every cause whatsoever for an amount equal to or greater than the Termination Unless otherwise stated,all Work under this Agreement will be performed during the hours of Amount(as defined in Section 17.4),and shall provide evidence thereof to 8:00 a.m.-4.30 p.m.local time Monday through Friday,excluding federal holidays. If for any HONEYWELL. m reason CUSTOMER requests HONEYWELL to furnish Work outside of the hours of 8:00 a.m.-4.30 p.m.local time Monday through Friday(or on federal holidays),any overtime or 4.3 Risks of Loss - CUSTOMER shall bear ay risks of loss or damage to the additional expenses,such as repairs or material costs not included in this Agreement,will be Equipment from any cause from the date of the shipment of the Equipment to billed to and paid by CUSTOMER. the CUSTOMER. The occurrence of any such loss or damage shall not relieve the CUSTOMER of any obligation hereunder,including the obligation to 2. TAXES continue to make all payments hereunder CUSTOMER shall notify HONEYWELL of any damage to or destruction of the Equipment. In the event of The parties to this Agreement contemplate that the Equipment will be used solely for a loss or damage,CUSTOMER,at HONEYWELL's sole option,shall:(a)repair governmental of proprietary purpose of the CUSTOMER and,therefore,the Equipment will the damaged Equipment;or(b)replace lost or.unrepairable Equipment. ' be exempt from all taxes presently assessed and levied with respect to personal property In the event the use,possession,ownership or acquisition of the Equipment is found to be 5. HAZARDOUS SUBSTANCES.MOLD AND UNSAFE WORKING CONDITIONS subject to taxation in any form,CUSTOMER will pay during the Contract Term as the same due,all taxes and govemmental charges of any kind whatsoever that may at any time 5.1 Suspension and Termination on Discovery of Hazardous Substances or Mold. rfully assessed or levied against or with respect to the Equipment and,to the extent HONEYWELL has the right to suspend performance of its Services under this Agreement permitted by law,file all required tax forms,returns and reports relating thereto and will HONEYWELL discovers or otherwise becomes aware of Hazardous Substances or Mold,or provide HONEYWELL with proof of filing and payment thereof. conditions HONEYWELL reasonably believes may cause Hazardous Substances or Mold to be released, accumulated, concentrated or-dispersed at a Site, under circumstances that 3. PROPRIETARY INFORMATION HONEYWELL reasonably believes may be hazardous,violate applicable laws,or give rise to claims of any kind against CUSTOMER or HONEYWELL ("Adverse Circumstances"). If 3.1 All proprietary information(as defined herein)obtained by CUSTOMER from HONEYWELL suspends performance under this Section,HONEYWELL,is not obligated to HONEYWELL in connection with this Agreement will remain the property of HONEYWELL, continue its Services until CUSTOMER provides evidence that Hazardous Substances or and CUSTOMER will not divulge such information to any third party without prior written Mold do not exist at the Site under Adverse Circumstances.HONEYWELL has the right to consent of HONEYWELL. The term"proprietary information"means written information(or terminate this Agreement with respect to any Site immediately upon determination that oral information reduced to writing),or information in machine-readable form,including but Hazardous Substances or Mold are present at the Site under Adverse Circumstances that not limited to software supplied to CUSTOMER,which HONEYWELL deems proprietary or CUSTOMER cannot or will not remove or otherwise remediate within sixty(60)days after confidential and characterizes as proprietary at the time of disclosure to CUSTOMER by discovery The right to suspend or terminate performance under this Section is solely for the marking or labeling the same"Proprietary,"Confidential",or"Sensitive".The CUSTOMER benefit of HONEYWELL. Nothing in this Section shall be construed to require HONEYWELL shall incur no obligations hereunder with respect to proprietary information which:(a)was in to discover or report Hazardous Substances, Mold or Adverse Circumstances. Failure of the CUSTOMER'S possession or was known to the CUSTOMER prior to its receipt from HONEYWELL to discover, report, or suspend or terminate upon discovery of Hazardous HONEYWELL,(b)is independently developed by the CUSTOMER without the utilization of Substances, Mold or Adverse Circumstances, will not relieve CUSTOMER of its such proprietary information of HONEYWELL,(c)is or becomes public knowledge through indemnification obligations under Section 5.7 of this Agreement. no fault of the CUSTOMER;(d)is or becomes available to the CUS70MER from a source other than HONEYWELL,(e)is or becomes available on an unrestricted basis to a third party 5.2 Except as discussed below, CUSTOMER represents and warrants that at the I-11ONEYWELL or from someone acting under its control. Sites where HONEYWELL will undertake Work,there are no Hazardous Substances,except those generated, labeled,stored, used,and disposed in strict accordance with applicable CUSTOMER agrees that HONEYWELL may use nonproprietary information law pertaining to the Agreement,and the Work performed under the Agreement,for press releases,case studies,data analysis,promotional purposes,and other similar documents or 5.3 CUSTOMER has not observed or received notice from any source (including statements to be publicly released,as long as HONEYWELL submits any such document or without limitation formal or informal complaints of employees or visitors)of(a)Hazardous statement to CUSTOMER for its approval,which will not be unreasonably withheld. Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems,plumbing systems,structure,and other components 4. INSURANCE OBLIGATIONS of the Site,or within furniture,fixtures,equipment, containers or pipelines in a Site;or(b) conditions that, to CUSTOMER'S knowledge, might cause or .promote accumulation, 4 1 HONEYWELL shall,at its own expense,carry and maintain in force at all times concentration, growth or dispersion of Hazardous Substances or Mold on or within such from the effective date of the Agreement through final completion of the Work the following locations. insurance. It is agreed,however,that HONEYWELL has the right to insure or self-insure any of the insurance coverage listed below, 54 In areas in which HONEYWELL will be performing its Work, there are no conditions or circumstances subject to special precautions or equipment required by federal, (a) Commercial General Liability Insurance to include contractual liability, state or local health or safety regulations or unsafe working conditions. productslcompleted operations liability with a combined single limit of USD $5.000,000 per occurrence. Such policy will be written on an occurrence form Exceptions to Representations and Warranties in 5.1,5.2,and 5.3: basis; (b) If automobiles are used in the execution of the Agreement,Automobile Liability Insurance with a minimum combined sinale limit of USD 55,000,000 per occurrence. Coverage will include all owned,leased,non-owned and hired CUSTOMER shall notify HONEYWELL of any changes in conditions or regulations that vehicles. occur during the course of this Agreement that affect the foregoing representations and (c) Where applicable,"AII Risk"Property Insurance,including Builders Risk insurance, warranties,including without limitation discovery of Hazardous Substances or Mold at a Site. for physical damage to property which is assumed in the Agreement. (d) Workers'Compensation Insurance Coverage A-Statutory limits and Coverage B- 5.5 CUSTOMER acknowledges that CUSTOMER has not retained HONEYWELL to Employer's Liability Insurance with limits of USD 51,000,000 for bodily injury each discover,inspect,investigate,identify,prevent or remediate Hazardous Substances or Mold, accident or disease. conditions caused by Hazardous Substances or Mold, or conditions that might cause or promote accumulation, concentration, growth or dispersion of Hazardous Substances or Prior to the commencement of the Agreement,HONEYWELL will furnish evidence of said Mold. CUSTOMER agrees that HONEYWELL is not responsible for any such discovery, insurance coverage in the form of a Memorandum of Insurance which is accessible at: inspection,investigation,identification,prevention or remediation,or for any damages arising http:llplaces.honeywell.com/moi. All insurance required in this section will be written by from or related to the existence of Hazardous Substances or Mold at a Site. companies with a rating of no less than`A-,XII"by A.M.Best or equivalent rating agency HONEYWELL will endeavor to provide a thirty(30)day notice of cancellation or non-renewal 5.6 CUSTOMER acknowledges that the operation of the Covered Equipment (as to the CUSTOMER. In the event that a self-insured program is implemented,HONEYWELL defined in Section 18.3)may control or affect temperature, humidity,and ventilation at the will provide adequate proof of financial responsibility Site, which may adversely affect accumulation, concentration, growth or dispersion of Hazardous Substances or Mold,whether or not there are defects in the Covered Equipment or the Services.CUSTOMER agrees that HONEYWELL is responsible for maintaining the I Initialed by Customer date: Initialed by Honeywell: date: Page 5 of 13 Covered Equipment in a good working order in accordance with manufacturers writing of any such claims and permits HONEYWELL,through counsel of its choice and specifications and recommendations, but HONEYWELL is not responsible for determining HONEYWELL'S sole cost and expense,to answer the claims and defend any related suit whether the Covered Equipment or the temperature,humidity and ventilation settings used and(ii)CUSTOMER gives HONEYWELL all needed information,assistance and authority,at by C STOMER, are appropriate for CUSTOMER and the Site except as specifically HONEYWELL'S expense,to enable HONEYWELL to defend such suit.HONEYWELL is not provided in an attached Scope of Work(Attachment A).HONEYWELL is not responsible for responsible for any settlement without its written consent.HONEYWELL is not liable for loss any adverse affects of temperature, humidity and ventilation conditions created by the or damage caused by the negligence of CUSTOMER or any other party or such parry's Cove d Equipment. employees or agents.This obligation shall survive termination of this Agreement. Notwithstanding the foregoing,CUSTOMER agrees that HONEYWELL will not be 5.7 TO THE FULLEST EXTENT ALLOWED BY LAW, CUSTOMER SHALL responsible for any damages caused by Mold or any other fungus or biological material or INDEMNIFY AND HOLD HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL agent,including but not limited to property damage,personal injury,loss of income, CLAI S AND COSTS OF WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, emotional distress,death,loss of use,loss of value,adverse health effect or any special, CONS LTANTS' AND ATTORNEYS' FEES, DAMAGES FOR BODILY INJURY AND consequential,punitive,exemplary or other damages,regardless of whether such damages PROP=RTY DAMAGE, FINES, PENALTIES, CLEANUP COSTS AND COSTS may be paused by or otherwise associated with defects in the Work. ASS IATED WITH DELAY OR WORK STOPPAGE, THAT IN ANY WAY RESULTS FRON OR ARISES UNDER THE BREACH OF THE REPRESENTATIONS AND 8. LIMITATION OF LIABILITY WARF ANTIES IN THIS SECTION 5, THE EXiStENCE OF MOLD OR A HAZARDOUS SUBS FANCE AT A SITE,OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS 8.1 IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY SPECIAL, -OR C NDITIONS DESCRIBED IN THIS SECTION 5,.WHETHER OR NOT CUSTOMER INCIDENTAL,INDIRECT,SPECULATIVE,REMOTE,CONSEQUENTIAL,PUNITIVEPR PROV DES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE EXEMPLARY DAMAGES,WHETHER ARISING OUT OF OR AS A RESULT OF BREArH AND EGARDLESS OF WHEN THE HAZARDOUS SUBSTANCE OR OCCURRENCE IS OF CONTRACT,WARRANTY,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITI DISC VERED OR OCCURS. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION MOLD,MOISTURE,INDOOR AIR QUALITY,OR OTHERWISE,ARISING FROM, OFT IS AGREEMENT FOR WHATEVER REASON, NOTHING IN THIS SECTION 5 RELATING TO,OR CONNECTED WITH THE SERVICES,EQUIPMENT,MATERIALS,OR' SHALI BE CONSTRUED TO REQUIRE THAT'CUSTOMER INDEMNIFY AND HOLD ANY GOODS PROVIDED HEREUNDER. HARM ESS HONEYWELL FROM CLAIMS AND COSTS RESULTING FROM THE NEGLIGENT USE BY HONEYWELL OF ANY HAZARDOUS SUBSTANCE BROUGHT TO 8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE SITE BY HONEYWELL (AND CUSTOMER ACKNOWLEDGES THAT HONEYWELL HONEYWELL'S TOTAL LIABILITY ARISING OUT OF OR AS A RESULT OF ITS MAY BRING TO THE SITE LUBRICANTS OR OTHER MATERIALS THAT ARE PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ROUT NELY USED IN PERFORMING MAINTENANCE AND THAT MAY BE CLASSIFIED PAYABLE TO HONEYWELL UNDER THIS AGREEMENT. ASHAZARDOUS). 9. EXCUSABLE DELAYS 5.8 CUSTOMER is responsible for the containment of any and all refrigerant stored on or i bout the"Site. CUSTOMER accepts all responsibility for and agrees to indemnify HONEYWELL is not liable for damages caused by delay or interruption in the Work due to HONE fWELL against any and all claims,damages,or causes of action that arise out of the fire,flood,corrosive substances in the air,strike,lockout,dispute with workmen,inability to storag ,consumption,loss and/or disposal of refrigerant,except to the extent HONEYWELL obtain material or services,commotion,war,acts of God,the presence of Hazardous has b ught refrigerant onsite and is directly and solely negligent for its mishandling. Substances or Mold,or any other cause beyond HONEYWELL'S reasonable control. Should any part of the system or any Equipment be damaged by fire,water,lightning,acts of God, 6. WARRANTY AND LIMITATION OF LIABILITY the presence of Hazardous Substances or Mold,third parties or any other cause beyond the control of HONEYWELL,any repairs or replacement will be paid for by CUSTOMER.In the 6.1 HONEYWELL will replace or repair any Equipment HONEYWELL provides event of any such delay,date of shipment or performance will be extended by a period equal under, is Agreement that fails within the warranty period(one)1 year because of defective to the time lost by reason of such delay,and HONEYWELL will be entitled to recover'from workm nship or materials,except to the extent the failure results from CUSTOMER CUSTOMER its reasonable costs,overhead,and profit arising from such delay;provides negligence,or from fire,lightning,water damage,or any other cause beyond the control of however,in no event shall such events delay CUSTOMER's obligations to make payme HONE WELL. This warranty applies to all Equipment HONEYWELL provides underthis hereunder Agreement,whe�ger or not manufactured by HONEYWELL. The warranty is effective as of the dale of CUSTOMER acceptance of the Equipment or the date CUSTOMER begins 10. PATENT INDEMNITY beneficial use of the Equipment,whichever occurs first. 10.1 HONEYWELL shall,at its expense,defend or,at its option,settle any suit that 6.2 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE,AND may be instituted against CUSTOMER for alleged infringement of any United States patents HONE eWELL EXPRESSLY DISCLAIMS AND CUSTOMER EXPRESSLY WAIVES ALL related to the Equipment manufactured and provided by HONEYWELL under this OTHER WARRANTIES,WHETHER WRITTEN OR ORAL,IMPLIED OR STATUTORY, Agreement,provided that a)such alleged infringement consists only in the use of such INCLUDING BUT NOT LIMITED TO,ANY WARRANTY OF WORKMANSHIP, Equipment by itself and not as part of,or in combination with,any other devices,parts or CONS FRUCTION,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, software not provided by HONEYWELL hereunder,b)CUSTOMER gives HONEYWELL WITH RESPECT TO THE SERVICES AND EQUIPMENT PROVIDED HEREUNDER. immediate notice in writing of any such suit and permits HONEYWELL,through counsel of its HONE eWELL SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE,PERSONAL choice,to answer the charge of infringement and defend such suit,and c)CUSTOMER gives INJUR f,LOSS OF INCOME,EMOTIONAL DISTRESS,DEATH,LOSS OF USE,LOSS OF HONEYWELL all needed information,assistance and authority,at HONEYWELL'S expense, VALU ,ADVERSE HEALTH EFFECT OR ANY SPECIAL,INCIDENTAL,INDIRECT, to enable HONEYWELL to defend such suit. SPECIJLATIVE,REMOTE,CONSEQUENTIAL,PUNITIVE,OR EXEMPLARY DAMAGES, ARISING FROM,OR RELATING TO,THIS LIMITED WARRANTY OR ITS BREACH. 10.2 If such a suit has occurred,or in HONEYWELL'S opinion is likely to occur, HONEYWELL may,at its election and expense:a)obtain for CUSTOMER the right to 6.3 HONEYWELL makes no representation or warranty,express,implied or continue using such Equipment;b)replace,correct or modify it so that it is not infringing;or otherwise,regarding Hazardous Substances or Mold. HONEYWELL shall have no duty, c)remove such Equipment and grant CUSTOMER a credit therefore,as depreciated. obligat on or liability,all of which CUSTOMER expressly waives,for any damage or claim, whether known or unknown,including but not limited to property damage,personal injury, 10.3 In the case of a final award of damages in any such suit,HONEYWELL will pay loss of income,emotional distress,death,loss of use,loss of value,adverse health effect or such award. HONEYWELL will not.however,be responsible for any settlement made any sp 3cial,consequential,punitive,exemplary or other damages,regardless of whether without its written consent. such d 3mages may be caused by or otherwise associated with defects in the Services,in whole r in part due to or arising from any investigation,testing,analysis,monitoring, 10.4 THIS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND cleanir g,removal,disposal,abatement,remediation,decontamination,repair,replacement, CUSTOMER'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF relocalIon,loss of use of building,or equipment and systems,or personal injury,death or ANY PATENT BY THE HARDWARE MANUFACTURED AND PROVIDED BY HONEYWELL disease in any way associated with Hazardous Substances or Mold. HEREUNDER. 7. INDEMNITY 11. SOFTWARE LICENSE HONE WELL agrees to indemnify and hold CUSTOMER and its agents and employees All software provided in connection with this Agreement shall be licensed and not sold. The harmless from all claims for bodily injury and property damages to the extent such claims end user of the software will be required to sign a license agreement with provisions limiting result f om or arise under HONEYWELL'S negligent actions or willful misconduct in its use of the software to the Equipment provided under these specifications,limiting copying, perforr iance of the Work required under this Agreement,provided that such indemnity preserving confidentiality,and prohibiting transfer to a third party. Licenses of this type are obligat on is valid only to the extent(i)CUSTOMER gives HONEYWELL immediate notice in standard for computer-based equipment of the type covered by this Agreement. Prop sal Number: Page 6 of 13 CUSTOMER shall be expected to grant HONEYWELL access to the end user for purposes including Uniform Commercial Code financing statements,to be filed or recorded,and grants of obtaining the necessary software license. HONEYWELL or its assignees the right to execute CUSTOMER's name thereto. 12. DISPUTE RESOLUTION 15. COVERAGE With the exception of any controversy or claim arising out of or related to the installation, 15.1 CUSTOMER agrees to provide access to all Covered Equipment.HONEYWELL monitoring,and/or maintenance of fire and/or security systems,the Parties agree that any will be free to start and stop all primary equipment incidental to the operation of the controversy or claim between HONEYWELL and CUSTOMER arising out of or relating to the mechanical,control,automation,and life safety systerrt(s)as arranged with CUSTOMER'S Work provided under this Agreement,or the breach thereof,will be settled by arbitration in a representative. neutral venue,conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The parties agree that such settlement shall not affect 15.2 HONEYWELL will not reload software,nor make repairs or replacements CUSTOMER's obligation to pay the obligations pursuant to Section 16. Any award rendered necessitated by reason of negligence or misuse of the Equipment by persons other than by the arbitrator will be final,and judgment may be entered upon it in accordance with HONEYWELL or its employees,or caused by lightning,electrical storm,or other violent applicable law in any court having jurisdiction thereof. Any controversy or claim arising out of weather or by any other cause beyond HONEYWELL'S control. HONEYWELL will provide or related to the installation,monitoring,and/or maintenance of systems associated with such services at CUSTOMER'S request and at an additional charge. CUSTOMER is entitled security and/or the detection of,and/or reduction of risk of loss associated with fire will be to receive HONEYWELL'S then current preferred-CUSTOMER labor rates for such services. resolved in a court of competent jurisdiction. 15.3 HONEYWELL may install diagnostic devices and/or software at HONEYWELL'S ;DCEPTANCE OF THE AGREEMENT expense to enhance system operation and support Upon termination of this Agreement, HONEYWELL may remove these devices and return the system to its original operation. The Proposal to which these General Terms and Conditions are attached shall become an CUSTOMER agrees to provide,at its sole expense,connection to the switched telephone agreement only upon signature above by HONEYWELL and CUSTOMER.The terms and network for the diagnostic devices and/or software. conditions of the Agreement are expressly limited to the provisions of the Proposal, these General Terms and Conditions and Attachments A and B hereto,notwithstanding receipt of, 15.4 This Agreement assumes that the systems and/or Covered Equipment included or acknowledgment by,HONEYWELL of any purchase order,specification,or other in the Scope of Work(Attachment A)are in maintainable condition,unless otherwise noted. document issued by CUSTOMER.Any additional or different terms set forth or referenced in If repairs are necessary upon initial inspection or initial seasonal start-up,repair charges will CUSTOMER'S purchase order are hereby objected to by HONEYWELL and shall be be submitted for approval. Should these charges be declined,those non-maintainable items deemed a material alteration of these terms and shall not be a part of any resulting will be eliminated from coverage under this Agreement and the price adjusted accordingly. Agreement. 15.5 In the event that the system or any equipment component thereof is altered, 14. MISCELLANEOUS modified,changed or moved,this Agreement may be immediately adjusted or terminated,at HONEYWELL'S sole option. HONEYWELL is not responsible for any damages resulting 14.1 The Proposal,General Terms and Conditions and Attachments A and B hereto from such alterations,modifications,changes or movement represent the entire Agreement between CUSTOMER and HONEYWELL for the Work described herein and therein and supersedes all prior negotiations,representations or 15.6 HONEYWELL is not responsible for maintaining a supply of,furnishing and/or agreements between the Parties related to the Work described herein. replacing lost or needed chlorofluorocarbon(CFC)based refdgeranE not otherwise required under this Agreement. CUSTOMER is solely responsible for the cost of material and labor of 14.2 None of the provisions of this Agreement shall be modified,altered,changed or any such refrigerant not otherwise provided for under this Agreement at current market rates. voided by any subsequent purchase order or other document unilaterally issued by ri icTOMER that relates to the subject matter of this Agreement.This Agreement may be 15.7 Unless otherwise specified,CUSTOMER retains all responsibility for maintaining led only by written instrument signed by both Parties. LANs,WANs,leased lines and/or other communication mediums incidental or essential to the operation of the system(s)or Equipment found included in the attached List of Covered 14.3 This Aareement is governed by the law of the State where the Work is to be Equipment. performed. 15.8 CUSTOMER will promptly notify HONEYWELL of any malfunction in the 144 Any provision or part of this Agreement held to be void or unenforceable under system(s)or Equipment covered under this Agreement that comes to CUSTOMER'S any laws or regulations will be deemed stricken,and all remaining provisions will continue to attention. be valid and binding upon HONEYWELL and CUSTOMER,who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and 16.TERMS OF PAYMENT enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 16.1 Notwithstanding anything in Section 20 to the contrary avid except for Non- Appropriation,CUSTOMER will pay or cause to be paid to HONEYWELL the full price for the 14.5 CUSTOMER may not assign its rights or delegate its obligations under this Work in the amounts and at the times specified in Attachment.B to this Agreement. Agreement,in whole or in part,without the prior written consent of HONEYWELL. HONEYWELL will submit invoices to CUSTOMER in advance and payment shall be due within twenty(20)days after CUSTOMER'S receipt of each such invoice. Payments for the 14.6 Assignment by HONEYWELL Work past due more than five(5)days shall accrue interest from the due date to the date of payment at the rate of one and one-half percent(1.5%)per month,compounded monthly,or (a) CUSTOMER acknowledges and agrees that HONEYWELL may assign any the highest legal rate then allowed. CUSTOMER will pay all attorney and/or collection fees rights,entitlements, indemnifications or interests in,under or in relation to this incurred by HONEYWELL in collecting any past due amounts. Agreement or the Equipment, including without limitation the right to receive any payments from CUSTOMER. 16.2 Except for Non-Appropriation,CUSTOMER acknowledges and agrees it has no right to make partial prepayments hereunder or to terminate or cancel this Agreement in part (b) Upon request by HONEYWELL, CUSTOMER will cooperate with during the Contract Term. HONEYWELL in relation to any such assignment,including,without limitation, by executing any documents or agreements reasonably necessary to give 16.3 Except for Non-Appropriation,CUSTOMER's obligations to make payments and effect to the proposed assignment. CUSTOMER's other monetary obligations hereunder are absolute and unconditional and are not subject to any abatement,set-off,defense or counterclaim for any reason whatsoever. (c) CUSTOMER shall not refuse to execute any documents or agreements which are not materially less favourable to CUSTOMER than the documents 16.4 CUSTOMER represents that the obligation of the CUSTOMER to pay the disclosed to CUSTOMER at the date of this Agreement. payments hereunder shall constitute an expense of the CUSTOMER and shall not in any way be construed to be be a debt of the CUSTOMER in contravention of any applicable 14.7 Title constitutional or statutory limitations or requirements concerning the creation of indebtedness by the CUSTOMER,nor shall anything contained in this Agreement constitute a pledge of Title to the Equipment will pass to CUSTOMER upon delivery To secure its obligations the general tax revenues,funds or monies of the CUSTOMER. under this Agreement,CUSTOMER hereby grants to HONEYWELL a first priority security 16.5 CUSTOMER,by signing this Agreement,certifies that all payments in excess of interest in the Equipment. CUSTOMER hereby authorizes HONEYWELL or its assignees,to zero due under Attachment 8 Schedule of Payments and Termination through the end of the cause this Agreement,or any statement or other instrument in respect to this Agreement, Proposal Number: Page 7 of 13 CUSTOMER'S first fiscal year in which this Agreement commences are or will be available in an une hausted,unencumbered appropriation for payment thereof. CUSTOMER reasonably (b) The parties acknowledge that the Termination Amount constitutes a genuine believes that funds can be obtained sufficient to make all subsequent fiscal year payments estimate of the loss suffered by HONEYWELL and/or its assigns,as a result of during I he Contrapt Term and hereby covenants that it will do all things lawfully within its the termination of this Agreement. power o obtain,maintain and properly request and pursue funds from which the payments may tx made,including making provisions for such payments to the extent necessary or (c) Upon payment of the Termination Amount,HONEYWELL and/or its assignees desirat le in each budget submitted by the CUSTOMER for the purpose of obtaining funding, will release any liens on the Equipment. using's bona fide best efforts to have such portion of each such budget approved and exhau.,fing all available administrative reviews and appeals in the event such portion of any 18. DEFINITIONS such'b idget in not approved. 18.1 "Hazardous Substance' includes all of the following,and any by-product of or 17.TERMINATION from any of the following, whether naturally occurring or manufactured, in quantities, conditions or concentrations that have, are alleged to have, or are believed to have an 17.1 CUSTOMER may terminate this Agreement for cause if HONEYWELL defaults adverse effect on human health,habitability of a Site,or the environment:(a)any dangerous, in the rerformance of any material term of this Agreement,or fails or neglects to carry hazardous or toxic pollutant, contaminant, chemical, material or substance defined as forwart the Work in accordance with this Agreement,after giving HONEYWELL written hazardous or toxic or as a pollutant or contaminant under state or federal law, (b) any notice f its intent to terminate.If,within thirty(30)days following receipt of such notice, petroleum product, nuclear fuel or material, carcinogen, asbestos, urea formaldehyde, HONEYWELL fails to cure or perform its obligations,CUSTOMER may,by written notice to foamed-in-place insulation,polychlorinated biphenyl(PCBs),and(c)any other chemical or HONEYWELL,terminate this Agreement. biological material or organism, that has, is alleged to have, or is believed to hrav adverse effect on human health,habitability of a Site,or the environment. 17.2 In the event insufficient funds are appropriated for the payments and the CUSTOMER has no funds legally available for payments from other sources,then the 18.2 "Mold' means any type or form of fungus or biological material or agent, CUSTOMER may terminate this Agreement at the,end of its then current fiscal year,and including mold, mildew, moisture, yeast and mushrooms, and any m'ycotoxins, spores, after hi ving returned the Equipment to HONEYWELL or its assigns,in accordance with scents, or by-products produced or released by any of the foregoing. This includes any Sectior 17.3,paying all payments due under this Agreement for the current fiscal year,and related or any such conditions caused by third parties. deliver the opinion of counsel described below,CUSTOMER shall not be obligated to make E ubsequent payments on this Agreement('Non-Appropriation'). CUSTOMER agrees 18.3 'Covered equipment'means the equipment and software to be covered under to del' r notice to HONEYWELL of such termination within ten(10)business days form the this Agreement,and is identified in the Scope of Work(Attachment A). determ nation by the CUSTOMER of the event of Non-Appropriation. If this Agreement is terminE led under this Section 17.2,CUSTOMER agrees that,to the extent lawful,it shall not 18.4 "Equipment"means all equipment and parts to be provided by HONEYWELL, approp iate or expend any funds for the purchase or use of equipment or services similar to together with all additions, attachments, improvements, substitutions, replacements and the Wck until after the end of the next succeeding fiscal year or lesser period of time as accessions thereto,along with their installation and other costs and which are required to permitt d by applicable law perform the Work. In the E vent CUSTOMER elects to terminate this Agreement pursuant to this Section 17.2, 18.5 "Services'means those services and obligations to be undertaken by then th B CUSTOMER agrees to provide HONEYWELL or its assigns with a written opinion HONEYWELL in support of,or to maintain,the Covered Equipment,as more fully detailed in from N counsel as to such matters relating to Non-Appropriation as HONEYWELL or it s the Scope of Work(Attachment A). assigns may reasonably request. The CUSTOMER shall make all payments due during the fiscal period immediately 18.6 "Agreement'means upon Acceptance as provided in Section 13,the Proposal, preced ng the fiscal period for which sufficient funds were not appropriated. the General Terms and Conditions and Attachments A and B,as the same may be amended,modified or supplemented from time to time. Upon r turn of the Equipment and receipt by HONEYWELL or its assigns of such opinion and thE payments described above,this Agreement shall be terminated as of the first day of 18.7 'Acceptance'means acceptance of the Equipment by CUSTOMER by the the fiscal period$dr which funds have not been appropriated. In the event the CUSTOMER'S issuance of an acceptance certificate in a form acceptable to HONEYWELL or deemed final bL dget for such ensuing fiscal years not enacted prior to the expiration of the fiscal year, acceptance id accordance with Section 20.1 the Ag eement shall be deemed continued pending the enactment of such final budget unless ivriften notice is given by the CUSTOMER to the contrary 19. CHANGES IN THE WORK 17.3 In the event of termination of this Agreement in accordance with Section 17.2 19.1 A Change Order is a written order signed by CUSTOMER and HONEYWELL hereto,CUSTOMER agrees,at its expense,to transfer title to the Equipment to authorizing a change in the Work or adjustment in the price or a change to the schedule HONE WELL or its assigns,and peaceably surrender possession of the Equipment to ("Change Order'). HONE WELL,or its assigns,on the effective date of such termination,in good working condition,reasonable wear and tear excepted,assembled and packed for shipment in 19.2 CUSTOMER may request HONEYWELL to submit proposals for changes in the accord 3nce with manufacturers specifications and shipped at CUSTOMER'S expense, Work,subject to acceptance by HONEYWELL. If CUSTOMER chooses to proceed,such freight repaid and insured,to any location in the continental United States so specked by changes in the Work will be authorized by a Change Order Unless otherwise specifically HONE WELL or its assigns. agreed to in writing by both parties,if HONEYWELL submits a proposal pursuant to such request but CUSTOMER chooses not to proceed,CUSTOMER shall issue a Change Order 17.4 HONEYWELL may terminate this Agreement for cause(including,but not limited to reimburse HONEYWELL for any and all costs incurred in preparing the proposal. to,CU TOMER'S failure to make payments as agreed herein or any exercise of power of eminer t domain by CUSTOMER)after giving CUSTOMER written notice of its intent to 19.3 HONEYWELL may make a written request to CUSTOMER to modify this termin te.If,within thirty(30)days following receipt of such notice,CUSTOMER fails to Agreement based on the receipt of,or the discovery of,information that HONEYWELL make t ie payments then due,or otherwise fails to cure or perform its obligations. believes will cause a change to the scope,price,schedule,level of performance,or other HONE WELL may,by written notice to CUSTOMER•terminate this Agreement. facet of the Agreement.HONEYWELL will submit its request to CUSTOMER within a reasonable time after receipt of,or the discovery of,information that HONEYWELL believes 17.5 This Agreement may be terminated at HONEYWELL'S option in the event will cause a change to the scope,price,schedule,level of performance,or other facet of the CoverE d Equipment on CUSTOMER'S Site is destroyed or substantially damaged. Likewise, Agreement. This request shall be submitted by HONEYWELL before proceeding to execute this Ag eement may be terminated at CUSTOMER'S option in the event CUSTOMER'S Site the Work,except in an emergency endangering Iffe or property,in which case HONEYWELL is desti oyed. shall have the authority to act,in its discretion,to prevent threatened damage,injury or loss. HONEYWELL'S request will include information necessary to substantiate the effect of the 17.6 Consequences of Termination change and any impacts to the Work,including any change in schedule or price.If Upon t rmination of this Agreement prior to its expiration by any party under the terms of HONEYWELL'S request is acceptable to CUSTOMER,CUSTOMER will issue a Change Sectior s 4.3,5.1,15.5,17 1,17.4,or 17.5; Order consistent therewith. If CUSTOMER and HONEYWELL cannot agree on the amount of the adjustment in the price or the schedule,it shall be determined pursuant to Section 12 (a) CUSTOMER will pay to HONEYWELL on the date of the termination of this of this Agreement. Any change in the price or the schedule resulting from such claim shall Agreement the Termination Amount as specified on Attachment B Schedule of be authorized by Change Order Such changes must be finalized prior to Acceptance of the Payments and Termination("Termination Amount'). Equipment. Prop sal Number- Page 8 of]3 (b) CUSTOMER has been duly authorized to execute, deliver and perform this 20. ACCEPTANCE OF THE EQUIPMENT Agreement under the Constitution and laws of the State and under the terms and provisions of the resolution of its governing body,or by other appropriate Upon receipt of notice by HONEYWELL that the Equipment is ready for final inspection and official approval,that all requirements have been and will continue to be followed acceptance,CUSTOMER will make such final inspection and issue an acceptance certificate in order to ensure the enforceability of this Agreement, that this Agreement in a form acceptable to Honeywell within three(3)business days,stating that to the best of represents a valid deferred payment obligation for the total amount payable CUSTOMER'S knowledge,information and belief,and on the basis of CUSTOMER'S on-site hereunder, and CUSTOMER has complied with such public ,bidding Visits and inspections,the Equipment has been fully completed in accordance with the terms requirements as may be applicable to this Agreement and the acquisition by the and conditions of this Agreement. If CUSTOMER finds the Equipment unacceptable due to CUSTOMER of the Work hereunder and that no lease, rental agreement or non-compliance with a material element of this Agreement,which non-compliance is due contract for,purchase, to which CUSTOMER has been a party, at any time solely to the fault of HONEYWELL,CUSTOMER will notify HONEYWELL in writing within , during the past five(5) years, has been terminated by the CUSTOMER as a three(3)business days setting forth the specific reasons for non-acceptance. CUSTOMER result,of insufficient funds being appropriated. agrees that failure to inspect and/or failure to issue proper notice of non-acceptance within three(3)business days shall constitute final acceplbnce of the Equipment under this (c) During the Contract Term,the Equipment will be used by the CUSTQMER only Agreement. CUSTOMER further agrees that partial or beneficial use of the Equipment by for lawful purposes of performing one or more governmental or proprietary CUSTOMER prior to final inspection and acceptance will constitute Acceptance of the functions of CUSTOMER consistent with the permissible scope of Equipment under this Agreement. CUSTOMER'S authority and will not be used in a trade or business Iof any person or entity other than the CUSTOMER. :PRESENTATIONS AND WARRANTIES. (d)• During the Contract Term, CUSTOMER will ,annually provide 21.1 CUSTOMER hereby represents and Lkarrants to HONEYWELL and its assigns HONEYWELL or its assigns with current financial statements,budgets,or proof that: of appropriation for the ensuing fiscal year and such other financial information relating to the ability of the CUSTOMER to perform this Agreement as may be (a) CUSTOMER is a public body, corporate and politic, or an authorized On— reasonably requested. Behalf—Of—Agency within the meaning of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereunder,duly organized and (e) CUSTOMER executed only one(1)original of this Agreement(which was existing under the laws of the State in which it is domiciled("State")and will do delivered to Honeywell),and the CUSTOMER currently has no original or cause to be done all things necessary to preserve and keep in full force and manually executed Agreement in its possession which is not marked effect said existence 'DUPLICATE ORIGINAL." Proposal Number Page 9 of 13 Attachment A— Scope of Work UPGRADE Under this Honeywell Municipal Facilities.Agreement, Honeywell will replace,the mechanical HVAC equipment and mechanical controls listed below. , All new and existtng equipment on attachment "A" will be comprehensive Serviced and Maintained under the Honeywell Municipal Facilities Agreement for a fixed schedule term of 10 years. Scope of Work: Removal and Replacement of the following HVAC units: A. Child Care Center—One (1)5-ton unit-Carrier Model#48HJM006 , B. City Hall— Two, (2) 10-ton units-Carver Model#48HJD012 Three(3)5-ton units-Carrier Model#48HJM006 One (1)40-ton unit- Carrier Model#50-AK040-EQ5lHH. C. Fire Station— Two -(2)4-ton units-Carrier Model#48HJM005 ❑ Disconnect and dispose of nine (9) existing A/C units from existing curbs. Remove electrical, condensate drains, control wiring, smoke detectors and ductwork if required. ❑ Furnish and install nine (9) new Carrier A/C units to existing curbs. Curb transitions will be provided if required.We will provide two (2)pitched curbs for the 10-ton units, three (3)new disconnects for three (3) 5-ton units, Re-connect existing electrical, condensate drains, control wiring,smoke detectors and ductwork if required. ❑ Evacuate refrigerant and remove per code and provide receipt to Honeywell. ❑ Furnish and install new rigid ductwork per SMACNA standards. ❑ Private wage project. ❑ Rigging of new units. ❑ Start-up of new units. ❑ Material handling and Trucking. ' ❑ Mechanical Permit and cost if required. ❑ Labor and Supervision. ❑ Bond cost. Note-All new units are equal or less in ,veighl than the units being replaced. Exclusions: ❑ All cutting, coring,sealing:patching and framing of roof for ductwork or piping penetrations. ❑ Electrical conduit,disconnects, starters,wiring or hook-up not stated above. ❑ No Premium time is included in this proposal. ❑ Combination smoke/fire dampers. ❑ No new DDC or VVT controls work are included in this proposal ❑ Structural work or calculations. ❑ Fire life safety controls,time clocks and equipment interlocks. ❑ Asbestos abatement, encapsulation or work in asbestos environment. ❑ No insulation of existing ductwork,fittings,DX, CHW or HW piping is included in this proposal. ❑ Curb leveling devices,platforms or platform covers. ❑ Any existing HVAC code violations ❑ Any work below the roollme. Replacment of the (13) remaining City Hall Mechanical Controls Honeywell will retrofit the remaining (13) electric VAV zone controls in the City Hall. (13) 120V 9"LEADS 2 SECONDARY SCREW TERM INALS-TRADELINE (13)ML7174A2001 IN **CUSTOM PACK* (13)VALVE DCA FOR V5011A&C.SELF-CONTAINED;SELF-ADJUSTING LINEAR ACTUATOR (13)T7984C1053,LOCAL THERMOSTAT (13) 1/2"NPT,2-WAY SCREWED VALVE 4.0CV D.A.,=%FLOWN,SINGLE SEATED,ANS1150 (13)BRONZE BODY,40=2501`,3/4"TRAVEL Preferred Mechanical Maintenance Services Maintenance Component: 1.1 Scope-HONEYWELL will maintain the mechanical systems,components,and hardware listed below: List of Covered Equipment: , DESCRIPTION List of Covered Equipment: 1 1 Libra Roof Package Unit 10 Ton Carrier j 2 1 Meeting Room/Roof Package Unit 110 Ton Carrier I 3 1 1 Council Chartibers/Roof Package Unit 15 Ton Carrier 4 1 1 I City Hall I Package Unit 15 Ton Carrier 5 1 1 ! City Hall Package Unit 15 Ton (Carrier 6 1 1 1 Admin/Roof Package Unit 140 Ton (Carrier 7 1 1 Fire Station/Roof Package Unit 14 Ton 1Carrier 8 1 1 Fire Station/Roof ( Package Unit 14 Ton Carrier 9 1 1 Equipment Room Boiler 125HP Bryant 10 I 1 Equipment Room Pump 3HP Unknown j 11 1 2 Equipment Room Pump 11 HP Unknown 1 1 Child Care IPackage Unit 14 Ton Carrier 2 1 1 1 Child Care IPackage Unit 15 Ton Carrier 3 1 TEhIld Care ; Package Unit 15 Ton Carrier 4 1 Child Care 1 Package Unit 13 Ton Carrier 5 1 Child Care Package Unit 13 Ton Carrier I 6 1 Child Care Electronic Time ClockN/A' Unknown 1 i 2 Senior Cntr I Split Unit 4 Ton Rheem 2 1 Senior Cntr I Package Unit 4 Ton Carrier I g 1 1 Senior Cntr IPackage Unit 12.5 Ton I Carrier 4 i 1 I Senior Cnir 1 JElectronic Time ClockNI/A N/A 1.1 Preventive Maintenance - Each preventive maintenance call will be scheduled by a computer-generated service report detailing the tasks to perform; the skill levels required, and the special tools and instrumentation required to maintain the systems. Maintenance intervals will be determined by either equipment run time or a frequency determined from consideration of equipment operation; application; location, or criticality of end use. Upon completion of each service call, a.summary of the preventive maintenance tasks completed will be provided to CUSTOMER. 1.3 Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the functional limitations of presently installed hardware,firmware, and software found on CUSTOMER'S system(s). HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged parts shall become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The labor-required for their removal and installation is not included. Notwithstanding the foregoing. at initial inspection, at initial seasonal start-up, or following twelve (12) months of service, if any individual component cannot; in the sole or exclusive opinion of HONEYWELL, be properly repaired; due to obsolescence, lack of commercial availability of standard parts, and/or excessive wear or deterioration. HONEYWELL may remove said component from the List of Covered Equipment, with sixty (60) days written notice. Non-maintainable components will be eliminated from coverage under thus Agreement and HONEYWELL shall adjust the price accordingly. 1.4 Emergency Service - Activities performed under this Agreement are designed to rrunimize the incidence of emergency situations. However, should an emergency arise,HONEYWELL personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that is not listed in Article 1.1 above,, CUSTOMER will be liable for charges prevailing for such service. Emergency Service will be provided during the following periods during the term'of this Agreement (check box for desired level of emergency service coverage) Continuous Emergency Service: 24 hours per day, seven days per week, federal holidays included ❑ Extended Hours Emergency Service: 12 hours per day,five days per week; federal holidays excluded. Specified hours: 6:00 a.m. - 6:00 p.m..Monday through Friday. ❑ Regular Business Hours Emergency Service: 8.5 hours per day,five days per Nveek, federal holidays excluded. Specified hours- 8.00 a.m. -4:30 p.m.,Monday through Friday. 1.5 Performance Review - A review of the Services provided within, this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportumties to further improve performance of the Equipment. 1.6 Honeywell ServicePortal — HONEYWELL will provide customer access to an Internet-based application that will allow the CUSTOMER to securely submit non-emergency service requests online; view status of all service calls, whether scheduled, open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract) Functionality enhancements or deletions are at the discretion of HONEYWELL. Air Filter Services i 1.1 Scope - HONEYWELL will furmsh and install air filters appropriate for the design condition of CUSTOMER'S ventilation systems. Media for the fan system umts listed in this section will be replaced according to the following schedule: List of Covered Equipment: Changes per year ACEquipment Quantitv Size Tye (1,2,4,6,or 12 Units 1-17 44 2x20x30 Pleated 6 1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article 1.1 above. If this Agreement is terminated. HONEYWELL will remove any HONEYWELL-supplied frames from the facility,or offer CUSTOMER the opportunity to purchase them at the current market value 1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of media changes for the fan systems listed in Article 1.1 above; the frequency will be changed, and the Agreement amended to reflect the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency. 1.4 Performance Review-A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery,and identify opportunities to further improve performance of the Equipment. Attachment B— Schedule of Payments and Termination Payment Performance Performance Invoice Payment Payment Termination Number Period Start Period End Date Due Date Amount* Amount* 1 6/1/2005 8/31/2005 Upon Signing 6/1/05 $ 13,569.09 $ 226,116.75 2 9/1/2005 11/30/2005 8/12/05 9/1/05 $ 13,569.09 $ 222,658.26 3 12/1/2005 2/28/2006 11/11/05 12/1/05 $ 13,569.09 $ 219,122.39 4 3/1/2006 5/31/2006 2/9/06 3/1/06 $ 13,569.09 $ 215,507.40 5 6/1/2000 8/31/2006 5/12/06 6/1/06 $ 13,752.59 $ 211,995.03 6 9/1/2006 11/30/2006 8/12/06 9/1/06 $ 13,752.59 $ 208,216.46 7 12/1/2006 2/28/2007 11/11/06 12/1/06 $ 13,752.59 $ 204,353.35 , 8 3/1/2007 5/31/2007 2/9/07 3/1/07 $ 13,752.59 $ 200,403.79 9 6/1/2007 8/31/2007 5/12/07 6/1/07 $ 13,941.60 $ 196,554.88 10 9/1/2007 11/30/2007 8/12/07, 9/1/07 5 13,941.60 $ 192,426.61 11 12/1/2007 2/29/2008 11/11/07 12/1/07 $ 13,941.60 $ 188,205.97 12 3/1/2008 5/31/2008 2/10/08 3/1/08 $ 13,941.60 $ 183,890.89 13 6/1/2008 8/31/2008 5/12/08 6/1/08 $ 14,136.27 $ 179,673.94 14 9/1/2008 11/30/2008 8/12/08 9/1/08 $ 14,136.27 $ 175,163.60 15 12/1/2008 2/28/2009 11/11/08 12/1/08 $ 14,136.27 $ 170,552.34 16 3/1/2009 5/31/2009 2/9/09 3/1/09 $ 14,136.27 $ 165,837.91 17 6/1/2009 8/31/2009 5/12/09 6/1109 $ 14,336.79 $ 161,218.51 18 9/1/2009 11/30/2009 8/12/09 9/1/09 $ 14,336.79 $ 156,290.74 19 12/1/2009 2/28/2010 11/11/09 12/1/09 $ 14,336.79 $ 151,252.72 20 3/1/2010 5/31/2010 2/9/10 3/1/10 $ 14,336.79 $ 146,101.97 21 6/1/2010 8/31/2010 5/12/10 6/1/10 $ 14,543.32 $ 141,042.51 22 9/1/2010 11/30/2010 8/12/10 9/1/10 $ 14,543.32 $ 135,658.68 23 12/1/2010 2/28/2011 11/11/10 12/1/10 $ 14,543.32 $ 130,154.40 24 3/1/2011 5/31/2011 2/9/11 3/1/11 $ 14,543.32 $ 124,526.95 25 6/1/2011 8/31/2011 5/12/11 6/1/11 $ 14,756.05 $ 118,986.32 26 9/1/2011 11/30/2011 8/12/11 9/1/11 5 14,756 05 $ 113,104.23 27 12/1/2011 2/29/2012 11/11/11 1P/1/11 $ 14,756.05 $ 107,090.53 28 3/1/2012 5/31/2012 2/10/12 3/1/12 $ 14,756.05 $ 100,942.27 29 6/1/2012 8/31/2012 5/12/12 6/1/12 $ 14,975.17 $ 94,875.55 30 9/1/2012 11/30/2012 8/12/12 9/1112 $ 14,975.17 $ 88,449.08 31 12/1/2012 2/28/2013 11/11/12 12/1/12 $ 14,975.17 $ 81,878.81 32 3/1/2013 5/31/2013 2/9/13 3/1/13 $ 14,975.17 $ 75,161.54 33 6/1/2013 8/31/2013 5/12/13 6/1/13 $ 15,200.85 $ 68,519.66 34 9/1/2013 11/30/2013 8/12/13 9/1/13 $ 15,200.85 $ 61,498.42 35 12/1/2013 2/28/2014 11/11/13 12/1/13 $ 15,200.85 $ 54,320.08 36 3/1/2014 5/31/2014 2/9/14 3/1/14 $ 15,200 85 $ 46,981.13 37 6/1/2014 8/31/2014 5/12/14 6/1/14 $ 15,433.31 $ 39,710.43 38 9/1/2014 11/30/2014 8/12/14 9/1/14 $ 15,433.31_ $ 32,039.38 39 12/1/2014 2/28/2015 11/11/14 12/1/14 $ 15,433.31 $ 24,196.70 40 3/1/2015 5/31/2015 2/9/15 3/1/15 $ 15,433.31 $ 15,433.31 Either the Payment amount or the Termination Amount is due to Honeywell or its assignee by the Payment Due Date l ' � 1 �ITy STAFF REPORT o - GRHnD=TERR �E City Manager's Office CRA ITEM Q COUNCIL ITEM (X ) MEETING DATE: MAY 12, 2005 SUBJECT: RULES OF PROCEDURES FOR COUNCIL MEETINGS FUNDING REQUIRED () NO FUNDING REQUIRED (X ) In August of 2004 the City Council agendized Council Procedures and at that time tabled the matter with no changes to our existing procedures. It has been requested by Council to have this item placed back on the agenda for discussion. Attached to this report is the current Council Procedures Resolution which was adopted by the City Council in 1982. Just for information, the City Attorney has provided a copy of the Council Procedures resolution from the City of Murrieta. Staff Recommends that the Council consider updating our Council Procedures. We are not recommending adopting the example provided,however,it could be a start from which we could draft one for our City. STAFF RECOMMENDATION: ' COUNCIL REVIEW RULES OF PROCEDURE FOR COUNCIL MEETINGS. 1-J - RESOLUTION NO. 82-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CITY COUNCIL ,_- PROCEDURES. I � WHEREAS, the City Council of the City of Grand Terrace has deemed it desirable to adopt procedures to govern the conduct of its meetings and any of i r its other functigns, activities, and regulations pertaining thereto; NOW, THEREFORE, the City Council of the City of Grand Terrace does , hereby adopt the City Council Procedures attached hereto and incorporated herein as Exhibit "A". BE IT FUPTHER RESOLVED by said City Council that the intent of adopting the City Council Procedures shall be to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council , and in the event of any noncompliance wi th l or violation of ,any provision herein,, .such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. ADOPTED this 18th day of November, 1982. ATTEST: City e of the City of Gra Mayor o Ci t of Grand Terrace Terrace ed of the City Counci and of the City Co ncil thereof. thereof. Approved as to form: JIJ i ty Attorney a T A B L E O F C O N T E N T S ' I MEETINGS 1 1 . 1 Regular Meetings . . . . . . . . . . . .. . . : . . . . . . . . . . . . . . . . . . . . . . . I ' 1 . 2 Adjourned -Meetings . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 . 3 Special Meetings . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 . 4 Closed Sessions-Matters ofDiscussion . . . . . . . . . . . ... . . . . I 1 . 5 Closed Sessions-Report of Action/Statement of Reasons . 1 4 1 . 6 Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II ORDER OF ''BUS; NESS 2. 1 Agenda . . . . . . . . . . . . . . . . . . . . . . . . 3 2. 2 Agenda Deadline . . . . . . . . . . . . .. . . . . . I. . . . . . . . . . . . . . . . . . . . . 3 2. 3 Call. to Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. 4 Roll Call . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. 5 Absence of City Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. 6 Preparation/Approval of Minutes . . . . . . . . . . . . . . . . . . . . . . . 3 2. 7 Public Hearings . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 8 Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. 9 Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. 10 Urgency Ordinances ( Emergency) . • . 5 2. 11 Non-Agenda Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. 12 Adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III PRESIDING OFFICER 3. 1 Presiding Officer . . . . . . . . . . . . ! . . . . . . . . . . . . . . . . . . . . . . . . 6 3. 2 Participation of Presiding Officer . . . . . . . . . . . . . . . . . . . . 6 3 . 3 Question (Motion ) to be Stated . . . . . . . . . . . . . . . . . . . . . . . . 6 3. 4 Signing of Document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. 5 Maintenance of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 IV RULES , DECORUM, AND ORDER 4. 1 Points of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. 2 Decorum and Order - Councilmembers . . . . . . . . . . . . . . . . . . . . 7 4. 3 Decorum and Order - Employees . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 4 . 4 Decorum and Order - Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. 5 Personal Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. 6 Limitation of Debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. 7 Dissent and Protest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 . 8 Procedures in Absence of Rules . . . . . . . . . . . . . . . . . . . . . . . . 8 V ADDRESSING THE COUNCIL 5 . 1 Manner of Addressing the Council . . . . . . . . . . . . . . . . . . . . . . 9 5. 2 Time Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . • • . • 5 . 3 Addressing the Council After Motion Is Made . . 9 5 . 4 Written Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 T A B L E- O F C O N T E N T S � I ' VI MOTIONS , 6. 1 Processing of Motion . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . 10 6 . 2 Division of Motion .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. 3 Precedence of Motions . .. . . . . . . . . . . . . . . . . . . . . . . . . 10 6. 4 Particular—Motions , Purpose , and Criteria . ... . . . . . . . . . 10 , VII VOTING PROCEOPRE 7 . 1 Voting Procedure . . . 13 7 . 2 Voting . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 . 3 Failure to Vote . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 , 7 . 4 Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 I • , I i I ' M E E T I N G S 1 . 1 REGULAR' MEETINGS - The Regular City Council Meeltings are hel d on the second and fourth Thursdays of every month beginning at 5 : 30 p .m. When the day o K f a, regular meeting falls on a legal holiday , the meeting shall be conducted at the same hour on the next ' succeeding Thursday unless otherwise specified . 1 : 2 ADJOURNED MEETINGS - Any regular or adjourned meeting may be adjourned to a time , place , and date certain , but not beyond the next regular meeting . 1 . 3 SPECIAL MEETINGS - Special meetings may be called at any time by the Mayor or thre.e Councilmembers by written notice , to be provided to Council 24 hours prior to the special meeting . Only matters contained in the notice may be considered . No ordinance ( except emergency ordinances ) nnr orders for payment of money may be adopted at a special meeting . A Councilmember should file consent ( form available in the City Clerk ' s office ) to holding a special meeting during his or her absence from the City . 1 . 4 CLOSED SESSIONS - MATTERS OF DISCUSSION - All meetings of the Counci I Sha 11 be open , to the public ; however , thr- Counci 1 may hol d Closed Sessions , from which the publ i c may be excluded , for consideration of the following subjects : a . Security : Matters posing a threat to the security of public buildings or a threat to the public 's right o'f access to public services or public facilities ; b . Personnel : Consideration of the appointment , employment , or dismissal of the City Manager , contracted staff. or services , and other personnel matters relating to dis- ciplinary action . Personnel also includes meeting with the City ' s designated representatives prior to or during discussion with enployee organizations regarding salaries or fringe benefits to employees in order to review its position and instruct its designated representatives ; � - c . Litigation : Consideration of pending or potential 1iti - ga ion in which the City is , or may become , a party . CLOSED SESSIONS - REPORT OF ACTION/STATEMENT OF REASONS - The City Council shall publicly report at the same meeting or the next meeting any action taken , and the roll call vote thereon , to appoint, employ , or dismiss a public employee arising out of any Closed Session . 1; ' Prior to or after a Closed Session , the Council shall state the general reason or reasons for the Closed Session . The I�f Council may consider only those items covered in the state- ment. 1 . 6 QUORUM - A majority of the Council ( three members )- shall be , s ffi'ient to do business . In the absence of all Council - members from a regular br adjourned meeting , the City Clerk may declare the meeting adjourned to a ' stated day and hour . Motions may be passed by a 2-1 vote if only three Members are present . However , the , following matters require a �- minimum of three affirmative votes : a . Ordinances ( emergency ordinances require four affirma- tive votes ) ; 6 b . Resolutio,ns ; C . Orders for payment of money . 1 1 -2- O R D E R O F B U S I N E S S 2 . 1 AGENDA - The order of business of Council meetings wi ] 1 be Iiste in the Agenda 'prepared by the City Clerk . The Council will follow the order o,f business in the prepared Agenda ; items of audience interest or special interest may be taken out of order by the Mayor or by a majority consent of the Council . * , The Agenda will be posted in three public places designated by Council for such purpose , and will be available for public review at City Hall prior to regular meetings . All - Agenda paoket material will be available for review at City Hall and at Council Chambers . Consent Calendar - Consent Calendar items are considered by Council to- be routine and will all be enacted by one motion in the form listed . There will be no separate discussion - of these items prior to the time the Council votes on th.-e motion to adopt, unless members of the Council , Staff , or the public request specific items discussed and/or removed from the Consent Calendar for separate action . The Check Register will routinely appear on the Consent Calendar . 2 . 2 AGENDA DEADLINE = Any citizen may request to have an item placed on t e Agenda by advising in writing the City Clerk ' s Office no later than 12 : 00 noon the Wednesday of the weeF preceding the meeting . The City Clerk will provide c o p 1 e s of the request to Councilmembers prior to the next Council meeting ; however , it is the Mayor ' s and City Manager ' s discretion whether to place the item on the next regular Agenda . 2. 3 CALL TO ORDER - The meeting of the Council shall be called to order by The Mayor or , in his absence , the Mayor Pro Tem . ( See Section 3 . 1 for absence of Mayor and Mayor Pro Tema In the absence of all Councilmembers , the City Clerk shall call the meeting to order and declare the same adjourned to a stated day and hour . The meetinas wi11 be opened w-ith invocation and the Pledge of Allegiance . 2. 4 ROLL CALL - A roll call of Councilmembers will be heId by the City Clerk , who enters the names of those present and those absent in the Minutes . ABSENCE OF CITY CLERK - if the City Clerk is absent from a Counci I meeting , the Deputy City Clerk acts in the Clerk ' behalf . If there is no Clerk or Deputy present, the Mayor shal1 appoint a Councilmember to serve as City C 1 e r k Pro Tem. 2. 6 PREPARATION/APPROVAL OF MINUTES - It is the City Clerk ' s ' responsibility to maintain a record ( Minutes11 of Counc meetings . The Clerk shall have exclusive responsibilit ✓ for -3- T preparation of the Minutes , and' any directions for changes in the Minutes may be made only by Council action . In order to maintain a full and true Minute record , the Minutes shall consist of a clear and 1con1cise statement of each and every Council action including motions made and the vote thereon . Items may be included if considered to be particularly relevant or otherwise necessary by the Clerk . Action Minutes versus the extent of discussion for inclusion in the Minutes will be the discretion of Council . Any Councilmember ma'y specify reflection of statements in th Minutes by indicating " for the record . " e 2. 7 PUBLIC HEARINGS - The following procedure is su the Lea ue o California Cities for conducting by hearings : 9 public a . Precede the hearing by a statement from the Mayor setting forth the nature of the public hearing and the rules ; b . Staff presentation and recommendation ; c . The public hearing is declared open by the Mayor , and speakers are invited to address the Council , stating name and address , in the following order : ( 1 ) Applicant, if any ; ( 2 ) Speakers in support of item ; ( 3 ) Speakers in opposition of item; ( 4 ) Rebuttal , if necessary ; d . Al Counciimembers should refrain from asking questions or in any way interfering with the "audience participa- tion " portion of the public hearing ; e . After the Mayor has declared that the "audience partici - pation " portion of the hearing has concluded , the Councilmembers may ask questions , and the audience will be precluded from participation other than to answer questions or to rebut new evidence introduced ; f. The Mayor shall declare the public hearing closed ; g . Following discussion , the Mayor will, ask for a motion re- garding the subject at hand . 2. 3 RESOLUTIONS - Adoption of resolutions require a minimum of three a . irmative votes and becomes effective upon adoption . _ It is not necessary to read resolutions in their entirety unless specifically requested . Resolution Not Prepared in Advance : There a resolution has not oeen preparea in advance , the e to instruct the City Attorney to prepare paoredso I ut cre Son lforb pre- sentation at the next Council Meeting . -4- { 11Urgency Resolutions : In matters of urgency, a resolution may be presented verbs ly with specific instructions for written preparation . After the resolution has been verbally stated , the resolution may be adopted by three affirmative votes . Urgency resolutions shall be avoided except when absolutely necessary . 2 . 9 ORDINANCES - Ordinances require ' a first and second reading , and must be read in their entirety by the City Clerk or other designated person uhles,s waived by unanimous consent of the Council . Council will approve the introduction , or first reading , of the ordinance , by title only ( unless read in its entirety ) , and the second reading and public hearing will then be set for the following Council meeting . With the exception of urgency ( emergency) ordinances , no ordinance shall be adopted by the Council on the ' date of introduction , nor within five days thereafter , nor at , any time other than a regular or adjourned meeting . An ordin- ance must be adopted by at least three affirmative votes , and becomes effective 30 days thereafter ( an urgency ordin- ance requires a minimum of four affirmative votes and - be- comes effective immediately, Ref : Sec . 2. 10 ) . If an ordinance is altered after first reading , a motion for an amended first reading is required . The ordinance shall not be considered for adoption until five days thereafter . Correction of a typographical or clerical error does nod constitute alteration of the ordinance . ' . 10 URGENCY ORDINANCES ( EMERGENCY) - Any ordinance declared by the Council to e necessary as an emergency measure for preserving the public peace , health , or safety and containing a statement of reasons for the urgency , may be introduced and adopted at the same meeting . An urgency ordinance must be adopted by at least four affirmative votes , and becomes effective immediately . 2. . 11 NON-AGENDA ITEMS - No matters other than those appearing on the Agenda wiii be acted upon by the Council except matters deemed to be of urgent nature upon Council concensus . 2 . 12 ADJOURNMENT - Adjournment of the meeting to the next regular meetino does not require a motion . A motion is required to adjourn a meeting to an adjourned meeting specifying the date , time , and place of said adjourned meeting . _ -5- III P R E S I D I N G O F F I C E R 3. 1 PRESIDING OFFICER - They , Mayor shall be the Presiding Officer at a meetings of the Council . In the absence of the Mayor , the Mayor Pro Tem shall preside . In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect - a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor' Pro Tem or until adjournment . The terms "Presiding Officer , " "Mayor , " and " Chair " shall be used interchangeably within this manual . 3 . 2 PARTICIPATION OF PRESIDING OFFICER ' - The Presiding Officer is primarily responsib e for the conduct of the meeting ; may move , second , and debate from the Chair , subject only to such limitations of debate as are imposed on all Council - members ; and shall not be deprived of any such rights an, privileges . 3 . 3 QUESTION ( MOTION) TO BE 'STATED - The Presiding Officer shall verba I I y restate each motion immediately prior to calling for the vote . Following the vote , the Presiding Officer shall announce whether the motion carried or was defeated . In cases where the action of the Council may be unclear for those in the audience , the Mayor shall summarize the act- ion of the Council before proceeding to the next item of business . 3 . 4 SIGNING OF DOCUMENT - Subject to Council policy , the Mayor shall sign ordinances , resolutions , and contracts approved by the Council at meetings at which he is in attendance . Irk the event of his absence , the Mayor Pro Tem shall sign all such documents adopted and approved by Council . 3 . MAINTENANCE OF ORDER - They Mayor is responsible for the maintenance of order and decorum at all times.. No person shall be allowed to speak who has not first been recognized by the Chair . Ali questions and remarks shall be addressed to the Chair . - -6- I I_ R U L E S, D E C 0 R U M,• AND 0 R.1 D E R 4. 1 POINTS OF ORDER - The Presiding Officer shall determine all Point's of Order subject to -the right of any Councilmember to appeal to the Council . If any appeal is taken , the question shall be , " shall the decision of the Presiding Officer be sustaine.d? " In this event, a majority vote shall govern and conclusi.vely determine such question of order . 4. 2 DECORUM AND ORDER - COUNCILMEMBERS a . Every Councilmember desiring to speak shall address the + ! Chair and , upon recognition by the Mayor , shall confine , himself to the question under debate . b . Every Councilmember desiring. to question the admini- strative staff shall address questions to the City Manager or City - Attorney, who shall be entitled to ' either answer the inquiry or designate a member of staff for that purpose . ' C . A Councilmember , once recognized , shall not be inter- rupted while speaking unless called to order by `stFie Mayor , unless a point of order is raised by another Councilmember , or the speaker chooses to yield to questions from another Councilmember . �- d . A Councilmember who is called to order while speaking shall cease speaking until the question of order is, determined . If ruled to be not in order , the Council member shall' remain silent or shall alter the remarks so as to comply with rules of the Council . e . Councilmembers shall accord the utmost courtesy to -each other , to City employees , and to the public. appearing before the Council and shall refrain at all times from rude and derogatory remarks , reflections as to integrity , abusive comments , and statements as to Nmotives and personalities . f. Any Councilmember may move to require the Mayor to enforce the rules , and the affirmative vote of a major- ity of the Council shall require the Mayor to so act . 4. 3 DECORUM .AND ORDER - EMPLOYEES - Members of the Administra- tive staff and employees of the City shall observe the same rules, of procedure and decorum applicable to members of the Council . The City Manager shall ensure that all City Employees observe such decorum. Any Staff member , including the City Manager , desiring to address the Council shall first be recognized by the Chair . All remarks shall be addressed to the, Chair , and not to any one individual Councilmember or public member . -7- 4 . 4 DECORUM AND ORDER - PUBLIC - The City Council , elected by the public , must be free to discuss issues confronting the City in an orderly environment . Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council . Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council . 4. 5 PERSONAL INTEREST - No Counci'lmembers prevented from voting ' y personal interest shall remain at the Council dais during , the debate and vote on any such matter . In the event of I such conflict, the Councilmembers shall state for the record the grounds and leave the Council dais during debate on issues . I 4 . 6 LIMITATION OF DEBATE - No Councilmember shall be allowed to speak more than once upon any one subject until every other Councilmember choosing to speak has spoken . Merely asking a question or making a suggestion is not considered as speaking . Y 4 . 7 DISSENT AND PROTEST - Any Councilmember shall have the right to express aissenT from, or protest to , any action of the Council and request that the reason be entered into the Minutes. 4 . 8 PROCEDURES IN ABSENCE OF RULES - In the absence of a rule to govern a point of procedure , Roberts Rules of Order shall govern . Y I 1 -8- ! a ps I V r A D D R E S S I N G T H E C O U N C I L 5 . 1 MANNER OF ADDRESSING THE ' COUNCIL - Any person desiring to a ress the Council will raise is or her hand and wait to be recognized by the Mayor , and , after 'being recognized shall proceed to the podium, or microphone , and state for the record his or , her name and address. Remarks - are to be limited to the question under, disc.ussion . j 5 . 2 TIME LIMITATION - Any public member_ addressing the Council ! s ha,l 1 limit is address to three ( 3 ) minutes unless further time is granted by the Mayor or majority -of the Council. . When any" group of persons wishes to address the Council 'on the same subject matter , it shall be proper for the Mayor to request that a spokesman be chosen to represent the group , so as to avoid unnecessary repetition , -� 5 . 3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE - After a motion as bee n ma e , , no person s ha I I address the Council without securing - permission by a majority consensus of the Council . 5 . 4 WRITTEN COMMUNICATION - Unless specifically requested other- wise , the City Manager is authorized to receive and open all mail addressed to the City Council an-d take. any immediate administrative action required between Council meetings , wh.ic'h dges not require_ specific Council. action . Any communication requiring Council action will be reported to the 'Council at the next possible meeting , together with , a report and recommendation of the City Manager . , i I J I -9- � VI M 0 T I 0 'N S 6 . 1 PROCESSING OF MOTIONS ' When a motion i s, maide and seconded , it s a e restated by the P r e c i d i n g Officer before debate . A motion shall not be withdrawn by the mover -1 without the consent of the. Councilmember seconding it and the approval of Coun.cila. 6 . 2 DIVISION OF MOTION - : If a motion contains two or more division-able propositions, the Mayor may , and upon- other of a Coun,ci 1 member shall ( unless . appealed y an Councilmember) , divide ;the motion . 6. 3 PRECEDENCE OF MOTIONS -, When a motion is before the Council , the ordinary motions rank as follows - the lowest at the i--i bottom and the highest ;at the top of the 1 i st : When any one ! ! of them is immediately pending , the motions shown above it -' - are i-n order , and those below are out of order . T ose marked ( 2/3 ) require a 2/3rd affirmative vote for their adoption , the others require only a majority vote . ( 1 ) Adj.ourn ; , ( 2 ) Recess ; ( 3 ) Lay on the Tab!1e ; ( 4 ) Previous Question ( 2/3 ) ; ( 5 ) Limit or extend debate ( 2/3 ) ; ( 6 ) Postpone to a ;certain time ; , . ( 7 ) Refer to committee or staff ; ( 8 ) Amend ; ( 9 ) Postpone indefinitely . ✓y! The above order of preference is subject to the following restrictions . a . A motion shall not be in order when the previous question has been ordered ; i� A motion sha11 not! be in order while a vote is being taken . PARTICULAR MOTIONS, PURPOSE, AND CRITERIA ( 1 ) Motion to Adjourn: Purpose - . To terminate a meeting . i -10- ! 1 ' Debatable or Amendable - No , 'except a motion to adjourn to another time is dibatable - and amendable as to t-he time to which the meeting is to be adjourned . �. The motion to adjourn shall be "i n , or'der at any time except as follows : ( a) When repeated without intervening business or dis- cus"sion ; ( b) When made, as an interruption to a Councilmember , speaking ; ( c ) When the previous question has been ordered ; - ri r -i ( d) While a vote is being taken . ( 2 ) Motion to Recess : Purpose - To set aside , temporarily, a pending main �- motion to consider other business". The intent of thi s motion is not meant to postpone action . A motion to "Take off the Table " must be made 1 ater� in the same or next regular meeting or the motion is lost . Debatable or Amendable - It, is debatable , but not amendable . . ( 4 ) Motion for Previous Question ( Motion) : . Purpose - To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote_ immediately . If the motion fails-, discussion shall continue . If the motion passes , , a vote shall be taken on pending motion or motions. Debatable or Amendable - No . r ( 5 ) Motion to Limit or Extend Debate: I Purpose - To 1 i mi t or determine- the- time that will be evote to discussion of a pen di ng moimposed ion or to onexti tS I or remove limitations already p I- discussion . r Debatable or Amendable - Not debatable ; amendments are restricte to period of time of the proposed limit or extension . i -11- ( 6) Postpone to a Certain Time: Purpose - To Defer action to 'a specific subsequent m e-e t ii Fg. Debatable or Amendable - Yes . , ( 7 ) Motion to Refer to;' Commi-ssion or Staff: Purpose - To refer the question before the Council to a ITJ co�mrgi ssi on or to the -City Staff for the purpose of in- vestigating or studying, the proposal and to make a ' report back to the, Council . If the motion fails, discussion or vote on the question resumes . Debatable or Amendable - Yes . ( g ) Motion to Amend: Purpose - ' To modify or change gthat it willthat is expressbmore considered by the Council satisfactorily the will of the members . If there are two amendments , ' the second amendment is voted upon, first - if it carries , it automatically cancels the first amendment, .and then the vote is taken onthe amended motion . An amendment motion relating to a different ;matter shall not be in order . Debatable or Amendable - Yes . ( g ) Postpone Indefinitely: Purpose - To pre-Vent further discussion and voting on the main motion . If the motion fails , discussion and - voting on- the main motion resumes . If it passes , the subject of main motion shall not be brought up again for the remain.der , of the meeting . Debatable or Amendable - It is debatable but not amen a e . ( lo ) Main Motion: Purpose - The primary proposal or question before the CouncTiT for discussion and decision . Debatable or Amendable - Yes . J � r -12- i I - V I I V 0 T I N G. 7 . 1 VOTING PROCEDURE - Motions will be adopted by either voice or roll call vote . The results of the vote shall be entered i.n full in the minutes . 7 . 2 VOTING - Every ordinance, resolution, and payment of money requires three affirmative votes. Emergency ordinances require four affirmative votes . Unless otherwise advised by the City Attorney , all other actions of the Council require a majority vote of the Councilmembers present. 7 . 3 FAILURE TO VOTE - Every Councilmember should vote unless disquaii ied for a personal conflict of interest or for cause accepted by the Council or by opinion of the City Attorney . Self-disqualification , without cause , which results in a tie vote shall be avoided ; but no .Councilmember shall be forced to vote. A Councilmember who abstains shall , in effect , consent that a majority of the quorum may act for him . Tie votes shall be lost motions and may be reconsidered. 7 . 4 RECONSIDERATION - After motion and VotE by the Council , siuch action may be reconsidered or rescinded only in the following manner: Reconsideration : A motion to set asidE a VOtE (to reconsidEr ) on a main motion shall always be ,; order at the same meeting. The. mction to reconsider is amendable and debatable . Such motion can be made by any Councilmember who voted affirmatively on the matter. If the motion to reconsider passes , the effect thereof is to overrule and cance-1 the prior action . Rescission : A motion to rescind ( repeal , cancel , nullify ) prior Council action on a main motion shall be in order at any meeting of the Council . The effect of rescinding prior Council action shall operate prespectively only , and not retroactively to the date of the oriainal action . That is , it shall not operate to adversely affect intervening legal rights which create an estoppel situation. - Lost Motion : A lost motion is one that fails to receivE the necessary number of votes to carry . Tie votes result in a lost motion . Lost motions may be renewed at any subsequent Council meeting . To revive a lost motion at the same meeting , the proper action is a motion to reconsider ( discussed above ) . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA REPEALING RESOLUTION 82-51 AND REPLACING IT BY ADOPTING THE FOLLOWING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATItD FUNCTIONS AND ACTIVITIES WHEREAS, the City Council of the City of Grand Terrace has deemed it desirable to adopt procedures to govern the conduct of its meetings and any of its other functions, activities, and regulations pertaining thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace that the Rules of Procedures for City Council meetings and related functions and activities are hereby adopted to read as follows: PURPOSE: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of Grand Terrace shall hold regular meetings in the place specified in the Municipal Code and on the second and fourth Thursdays of each month beginning at 6:30 p.m. When the day of a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting; otherwise, once adjourned, the meeting may not be reconvened. 1.3 SPECIAL MEETINGS: Special meetings may be called by the Mayor or majority of Council members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances other than urgency ordinances may be adopted. 1 1.4 NOTICE OF MEETINGS: Notice of regular meetings is not required. Mailed or personally delivered notice is required of special meetings and study sessions. Mailed and posted notice is required of meetings adjourned by the city clerk. Posted notice is required of all other adjourned meetings. (Section 54956 Govgrnment Code) 1.5 , QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-I if only 3 attend. The following matters, however, require three affirmative votes: a) adoption of ordinances; b) resolutions granting franchises; c) orders for payment of money; and d) selection of presiding officers. 1.5.1 Legally Required Participation: If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.6 MEETINGS TO BE PUBLIC: �! All regular, adjourned or special meetings of the City Council shall be open to the public, , provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects: 1.6.1 Personnel Matters: To consider appointment, employment, or dismissal of a public employee or to hear complaints or charges brought against such person or employee by another employee unless such employee requests a public hearing. The Council may exclude from any such closed session during the examination of a witness any or all other witnesses in the matter being investigated. 1.6.2 Attorney-Client Matters: To consider possible or pending litigation in which the City is or could be a party. 1.6.3 Other: As otherwise permitted by law. 1.7 CLOSED SESSION MINUTES: 2 I Pursuant to Section 54957.2 of the California Government Code, the city clerk of the City of Grand Terrace may be required to attend a closed session of the,City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to.said section of the Government Code. 2. ORDER OF BUSINESS 2.1 AGENDA: A. The Order of Business of each meeting shall be as contained in the Agenda prepared by the city clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL START OF BUSINESS COMMUNITY REDEVELOPMENT AGENCY CITY COUNCIL MEETING SPECIAL PRESENTATIONS CONSENT CALENDAR PUBLIC COMMENT ORAL REPORTS a. Committee Reports b. Council Reports PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 3 CLOSED SESSION ADJOURNMENT B. Except with majority consent of the Council, items shall not be taken out of the order prescribed above. C. No matters other than those listed on the agenda shall be finally acted upon by the Council; provided, however, that the Council may take action on items of business which do not appear on the posted agenda under any of the following conditions or circumstance: (1) Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54956.5 of the California Government Code; (2) Upon a determination by a two-thirds vote of the Council, or, if less than two thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda having been posted; (3) The item was posted for a prior meeting of the Council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is proposed to be taken. D. The Council, by resolution or minute action or order, as it deems appropriate, may - revise the agenda format as it deems necessary, from time to time. 2.2 DELIVERY OF AGENDA: Barring unavoidable difficulties, the Agenda for each regular meeting of the Council, and reports and other documentation related thereto, shall be delivered to the Members of the Council and made available to the public on the Friday preceding the Thursday meeting to which it pertains. In respect to every regular meeting, the Agenda shall confonn to Section 54954.2 of the California Government Code and shall be posted at least 72 hours prior to the time scheduled for the meeting. Agendas shall be posted on the bulletin board outside the administrative offices of the City and at such other places within the City as the Council has designated for posting notices of Council meetings. 2.3 ROLL CALL: Before proceeding with the business of the Council, the city clerk shall call the roll of the Council members and the names of those present shall be entered in the minutes. The order of roll call shall be in order of seniority with the Mayor called last. 2.4 APPROVAL OF MINUTES: 4 Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council member with a copy thereof. 2.5 PUBLIC HEARINGS: , Generally, public I hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: Staff review Questions of Staff by Council Hearing opened by Mayor Testimony by proponents Testimony by opponents (If desired, hearing closed or continued to date, time and place certain if necessary) Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the' extent of the agenda, and the number of person desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the Mayor, when this is deemed necessary as in cafes when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. At any public hearing before the City Council, testimony of witnesses under oath may be requested by the Council. Any Council member shall disclose during the hearing and prior to voting, for the record, when applicable, that he or she communicated independently with any project applicant, or with any proponent or opponent, or with their representatives, concerning the project or proposal under consideration, and shall disclose the substance of the communication. 2.6 PUBLIC COMMENTS: Any person may address the Council on any subject pertaining to City business, during the Public Comments portion of each regular meeting; provided that comments relating to an item 5 11 listed on the agenda should be heard when that item is being considered, unless otherwise determined by the Council. 2.7 CONSENT AGENDA: , Items of rou;ine nature, and non-controversial, shall be placed on the consent agenda. All items may be approved by one blanket motidn upon unanimous consent. Prior to, or following review of, the consent agenda by the city manager, any Council member may request that any item be withdrawn by the-consent agenda for separate consideration. However, any Council member may abstain from voting on any consent agenda item without requesting its removal from the consent agenda, and the city clerk shall be instructed to record such abstentions in the minutes.' 2.8 PRESENTATION BY MEMBERS OF THE COUNCIL: ' The mayor or any Council member may bring before the Council any new business under the Council Report portion of the Agenda. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent Council meeting unless deemed to be of an urgent nature. When a Council member desires to place an item on the agenda other than an urgency item, ,the item will be presented first either at a study session or under the Report portion of the agenda, where a majority of the Council members there must concur in its placement on the agenda. PRESIDING OFFICER ' 1 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and the Mayor Pro Tem, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment. In accordance with Elections Code Section 10411, 15308 and 15400, the Council shall meet following receipt of the statement of election results and declare those nominated or elected to office and the results of any measures. Each election year at the first regular meeting in December the Council shall choose one of its number as mayor and one as mayor pro tem. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes. 3.2 CALL TO ORDER: 6 The meeting of the Council shall be called to order by the Mayor or, in his absence, by the Mayor Pro Tem. In absence of both the Mayor and the Mayor Pro Tom, the meeting shall be called to order by the city clerk, whereupon the city clerk shall immediately call for the selection of a temporary Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such ' limitations of debate as are imposed on all Council members, and he/she shall not be deprived of any of the rights and privileges of a Council member by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally engage in extended debate on questions before the Council, he/she should consider turning the Chair over to another member. 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tem, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The city clerk, or deputy city clerk, shall attest to the signature of the Mayor and Mayor Pro Tem. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4. RULES, DECORUM, AND ORDER - 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member of appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER COUNCIL MEMBERS: 7 I 11 ' (a) Any Council member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council member desiring-to question the slaff shall 'address his question to the city manager or city attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself or to designate some member of his/her staff for that purpose. 1 (c) A Council member, once recognized, shall not be interrupted while speakipg unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council member; or unless the speaker chooses to yield to questions from another Council member. (d) Any Council member called to order while he/she is speaking shall cease immediately until the question of order is determined. If ruled to be in order, he shall' be permitted to proceed. If ruled to be not in order, he/she shall remain silent & shall alter his remarks so as to comply with rules of the Council. I (e) Council members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f) Any Council member may move to require the Presiding Officer to enforce the rules and the affirmative vbte of majority of the Council shall require him to so act. 4.3 DECORUM AND ORDER EMPLOYEES: 1 Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The city manager shall insure that all City employees observe such decorum. Any staff members, including the city manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council member or member of the public. 4.4 DECORUM AND ORDER PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body.- No privilege or protection for expression beyond that otherwise provided by law is conferred (Gov. Code 54954.3). Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-of-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 8 4.5 ENFORCEMENT OF DECORUM: , The head of the City's police agency or his designee shall be ex-officio sergeant-of-arms of the Council. He shall carry out all orders and.instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-of-arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who 'are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or imposed. 4.7 CONFLICT OF INTEREST: All Council members are subject to the provisions of California Law, including, but not limited to, Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Council member may choose to leave the Council Chambers during debate and voting on the issue. 4.8 LIMITATION OF DEBATE: No Council member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he/she has the floor, without the approval of a majority vote of the Council. 4.9 DISSENTS, PROTESTS, AND COMMENTS: Any member shall have the right to express dissent from or protest to or comment upon any action of the Council and have the reason entered in the minutes. If such dissent, protest or 9 comment is desired to be entered in the minutes, this should be made clear by language such as, I would like the minutes to show that I am opposed to this action for the following rgasons. 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. .4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tem or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council members present and voting, and shall be binding and legally effective (even though clearly erroneous) for purposes of-the matter under consideration. 4.12 ACTIONS NOT INVALIDATED: Failure to strictly comply with these Rules of Procedure shall not necessarily invalidate any action taken by the City Council. 5. ADDRESSING THE COUNCIL - 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he/she shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 5.2 TIME LIMITATION: Any member of the public desiring to address the Council shall limit his/her address to three (3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2.5. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: 10 I1 i After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the"Public Comments"portion of the agenda shall be subject to the following limitations: 5.4.1 At any time, before or after the oral communication is commenced, the Presiding Officer may if he/she deems it preferable, direct that the communication be made instead either to the city manager, or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council members, pursuant to Section 5.5. 5.4.2 No speaker shall be permitted to address the Council on a topic which is currently before or about to be submitted for consideration by a City commission, board or other agency before which the speaker should make his presentation, until that latter body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise ; available appeal procedure, the Presiding Officer shall not allow oral communication to the Council outside that procedure. 5.4.3 The Presiding Officer may limit the number of speakers heard on non-agenda topics at any single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comments" portion of the agenda. 5.4.4 If it appears that several speakers desire to speak regarding a single topic, the 'residing Officer may reasonably limit the number speakipg as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson. 5.4.5 No oral communications shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her. All charges or complaints against employees shall be submitted to the city manager for appropriate action; and may also be submitted to members of the Council by written communication. 5.5 WRITTEN CORRESPONDENCE: The city manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be sent to each Council member marked "Information Only." 11 i Any communication relating to a matter pending, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code, or other ordinances. i Copies of all other communications sent to the Council will be transmitted to them. 5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City officials shall be permitted within the platform area in front of the Council table without the invitation or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it should be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit ,a ,,Inember to introduce an ordinance,resolution, or motion out of the regular agenda order. , 6.3 DIVISION OF QUESTION: If the question contains two or more dividable propositions, the Presiding Officer may, and upon request,of a member shall, divide the same. 6.4 PRECEDENCE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following,which shall have precedence in the following order: a. Adjourn b. Fix hour of adjournment c. Table d. Limit or terminate discussion e. Amend f. Postpone 6.5 MOTION TO ADJOURN: ( not debatable) 12 A motion to adjourn-shall be in order at any time, except as follows: a. When repeated without intervening business or discussion. b. When made as an interruption of a member while speaking. c. When discussion has been ended, and vote on motion is pending, and d. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to,the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. ' 6.9 MOTION TO AMEND: A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order,. but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. 6.10 MOTION TO CONTINUE: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. 7. VOTING PROCEDURE 13 (I 1 1 1 ' 7.1 VOTING PROCEDURE: In acting upon every motion,, the vote shall be taken by voice or roll call or any other method by which the vote of each Council member present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated ' when a roll call vote is ordered or required. Members shall respond `aye,' `no' or `abstain,' provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Council member not audibly and clearly responding `no' or `abstain' or otherwise registering an objection shall have his vote recorded as `aye.' 7.2 ROLL CALL VOTING: Every ordinance and any y resolutions or orders for franchises or payments of money require three affirmative votes. A roll call vote shall be used for these changes. Any other question before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during roll call. Any member may change his vote before the next order of business. 7.3 FAILURE TO VOTE: Every Council member should vote unless disqualified for cause. A Council member who abstains shall, for purpose of the item under consideration,be considered as if absent. 7.4 RECONSIDERATION: Any Council member who voted with the majority may move a reconsideration of any action at the same or the next meeting. After a motion for reconsideration has once been acted upon,, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council. 7.5 TIE VOTES: Tie votes shall be lost motions. When all Council members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. 8. RESOLUTIONS 14 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary• and transitory in nature) are accomplished by "resolutions." The term "resolution" in,its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such non-ordinance) actions: "resolution," "minute order," and "motion" thereafter recorded by minute entry) Technically, , all three are equally as legally effective and binding; they just vary in the formality of respective f memorialization. The most formal is referred to locally as a "resolution." This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequenee and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document with the additional `.`whereas" explanatory material it often recites) to facilitate such future reference and research. ' A "minute order" .as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however, the "minute order" is drafted far more briefly than a "resolution" and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate certain administrative processes to which it pertains. The "motion" (assuming it was one which passed) is a Council action which is recorded simply by an item entry in the minutes of.the meeting at which it was accomplished, and no separate document is made to memorialize it. , 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the city manager or the city attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: 15 1 In matters of urgency, a resolution may be presented verbally ih-motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when-absolutely necessary, and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form,.either 1 before or during the meeting, this paragraph shall not be deemed applicable. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: 1 Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the- Council members present, all ordinances shall" be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. r _ _ 9.2.EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the city clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption. 9.4 URGENCY ORDINANCES: All urgency'ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to ,receive a 4/5 majority, it may- thereafter be considered and passed in.the same manner as regular ordinances. APPROVED and ADOPTED this 261h day of August,2004. 16 II i MAYOR ATTEST: , CITY CLERK (SEAL) APPROVED AS TO FORM: CITY ATTORNEY 17 LIT r MHD TER C Community Services Department Staff Report CRA ITEM O COUNCIL ITEM O (X )MEETING DATE: May 12, 2005 SUBJECT: STREET CUT POLICY FUNDING REQUIRED: O NO FUNDING REQUIRED (X ) RECOMMENDATION: ADOPT NEW STREET CUT POLICY BACKGROUND , The City of Grand Terrace established its current guideline for "Specifications for Construction Within Public Right-of-Way" under the 1990 State of California manual of Traffic Controls (see Exhibit "A"). This guideline established by the city engineer (GTMC 12.08.220) dictates how contractors/utility companies cut into our public right-of-ways (e.g. streets and sidewalks) by trenching, removing pavement and asphalt, and:restoring existing improvements: i In early 2004, a major utility company made a series of 27 street cuts in the asphalt running 600ft.on the east side of Mt Vernon from Barton Road north to Minona. These street cuts-ranged from 6 sq. ft. to 16 sq. ft. Some of these�street cuts were less two feet from each other. It is important to note that whenever the existing street is cut or trenched, the road loses integrity or strength. Based upon our current guideline, the utility company was within their rights to repair the street as such. Under the•proposed policy (Exhibit "B"), the utility would have been required to treat any series of cuts within 15 feet of each other as a continuous open trench. The proposed policy would have required a single trench running the entire length of the cuts. The result would have been a more durable road. Staff has been working since fall of 2004 on the following: • Researching other city's street-cut specifications • Meeting with'utility officials • Working with paving contractors • Combining the "Best Management Practices" for a new street-cut policy Staff will also be proposing fines of$1,000 for failure to obtain a permit and sub- standard work that does not meet the specifications described in "Exhibit B". These fine amounts will be brought to council at a later date to meet public hearing notification requirements. ' RECOMMENDATION Staff requests that council approve "Exhibit B"as policy, "Specifications for Construction Within Public Right-of-Way". , s CITY OF GRAND TERRACE EmTT IWI SPECIFICATIONS FOR CONSTRUCTION WITHIN PUBLIC RIGHT-OF-WAY Working hours 8:00 A_M_ to 5:00 P.M. No open trenches will be permitted. All trenches are to be backfilled and covered with a minimum of two inches (2') of temporary A.C. paving or trench plates according to1990 State of California Manual of Traffic Controls, Caltrans. Work is to be conducted in accordance with the Grand Terrace Municipal Code, specifically Title 12 "Street; Sidewalks and Public Places"and the following specifications: A." PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The contractor shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such .property. The contractor shall repair or replace all existing improvements withir the right-of- way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences; walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of its operations; except when a portion of a L' sprinkler system within the right-of-way must be removed, the remaining lines shall be capped_ Repairs and replacements shall be at least equal to ,-existing ' improvements, and shall match them in finish and dimension. Trees, lawns, and shrubbery that are not'to be removed shall be protected from- damage or injury. If damaged or removedbecause of the contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of-way which are designated for removal and would be destroyed because of the work. All costs to the contractor for protecting, removing,_ and restoring existing improvements shall be absorbed in its bid. B. PUBLIC CONVENIENCE AND SAFETY 9. TRAFFIC AND ACCESS The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work, or an approved detour shall be provided. Safe and adequate pedestrian and-vehicular access shall be provided and ' maintained to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the work at intervals not exceeding 300 feet, also shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the contractor shall immediately clear the street and driveways and provide and maintain access. The contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface . shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One-half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour_ The contractor shall absorb in its bid all costs for the above requirements_ 2. STREET CLOSURES DETOURS AND BARRICADES The contractor shall comply with all applicable State, County and City requirements for closure of streets. The contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons and watchpersons, advising the public of detours and construction hazards. The contractor shall also�e responsible for compliance with additional public safety requirements which may arise during construction- The contractor shall furnish and install, and upon completion of the work, promptly remove all signs and warning devices. At least 48 hours in advance of closing, or partially closing, or of reopening, any,street, alley, or other public thoroughfare, the contractor'shall notify the Police, Fire, School Districts Department of Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their requirements. Deviations must first be approved in writing by the Engineer. 3. STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS Construction materials may not be stored in streets, roads, or highways. All materials or equipment not installed or used in the construction shall be stored elsewhere by the contractor at its expense unless authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use on the work nor after it is no longer needed on the work. Excavated material, except that which is to be used as backfili the some day in the adjacent trench, may not be stored in public streets, roads, or highways unless otherwise permitted by the City Engineer. After placing backfill, all excess material shall be removed immediately from the site. I , C. COMPACTION AND PAVING REQUIREMENTS Compaction 85% in Pipe Zone 90% in Sub Base 95% in Class Il Base ' Section in trench area 8" Class 11 Base 3" A.C. Pavement, '/'I medium graded type "B"AR 4000 A ten (1 d') foot wide overlay shall be placed over the finis`pled trench with a minimum thickness'of one-inch (1'), using a barber greene or equal machine to place the material. Overlay to be 3/e" fine graded type "B" asphalt. Overlay shall be adjacent to and parallel with the centerline of the street. CITY OF GRAND TERRACE EXHIBIT"B SPECIFICATIONS FOR CONSTRUCTION ' WITHIN PUBLIC RIGHT OF WAY Working hours 8:00 A.M.to 5:00 P.M. I ' Work is to be conducted in accordance with the Grand Terrace Municipal Code, specifically Title 12 "Street, Sidewalks and Pualic Places"and.the following specifications: A. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The contractor shall be responsible for the protection of public and private property adjacent to the he work and shall exercise due caution to avoid damage to such property. The contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways,fences, walls, signs, utility installations, pavements, structures, etc.)which are damaged or removed as a result of its operations; except when a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements, and shall-match them in finish and dimension. Trees, lawn, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the contractor's operations, they shall be restored or reolaced' in as neatly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The contractor shall give reasonable notice to occupants or owners of adjacent property to permit �t. them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of-way, which are designed for removal and would be destroyed because of the work. All costs to the contractor for protecting, removing, and restoring existing improvements shall-be absorbed in its bid. B. PUBLIC CONVENIENCE AND SAFETY 1. TRAFFIC AND ACCESS The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the work at intervals not exceeding 300 feet, also shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is i opened to local traffic, the contractor shall immediately clear the street and driveways and provide and maintain access. The contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the contractor'in a manner to provide a reasonat ly satisfactory surface for traffic.When rough grading is completed, the roadbed surface shall be brought to.a smooth, even condition satisfactory for traffic. I ' Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. Oneihalf shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street,only is being improved, the other half shall be conditioned and maintained as a detour. The contractor shall absorb in its bid all costs for the abovb requirements. 2. STREET CLOSURES, DETOURS AND BARRICADES The Contractor shall comply with all applicable State, County and City requirements for closure of streets. The contractor shall provide barriers, guards, lights, signs, temporary bridges,flag persons and watchpersons, advising the public of detours and construction hazards. The contractor shall also be responsible for compliance with additional public safety requirements, which may arise during construction. The contractor shall furnish and install and upon completion of the work, promptly remove all signs and warning devices. At least 48 hours in advance of closing, or partially closing, or of reopening, any street, alley, or other public thoroughfare, the contractor shall notify the Police, Fire, School Districts Department of Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their requirements. The Engineer must first approve deviations in writing. 3. STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS Construction materials may not be stored in streets, roads, or highways.All materials or equipment not installed or used in the construction shall be stored elsewhere by the contractor at its expense unless authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use on the work nor after it is no longer needed on the work. Excavated material, except that which is to be used as backfill the same day in the adjacent trench, may not be stored on public streets, roads, or highways unless otherwise permitted by the City Engineer. After placing backfill, all excess material shall be removed immediately from the site. C. STREET CUT TRENCH REPAIR 1. Street cut permits must be acquired from the Public Services Department.A City of Grand Terrace Construction Application Package can be obtained from the Public Services Department. Failure to obtain such a permit will result in a fine of TBA for each occurrence. 2. Contractor shall notify Engineering Inspector 24 hours prior to construction of permanent paving or concrete placement. 3. Contractors performing street cuts and resulting patching that are not performed correctly in accordance with the corresponding specifications described in this document shall be subject to a fine of TBA, or the cost to re-patch the street section correctly(which ever amount is greater);for each occurrence. 4. Removal of asphalt and concrete shall be per standard specifications described within this document.Asphalt shall be saw cut a minimum of 75% of total depth. Limit of concrete removal and replacement shall be determined in the field by the Engineering Inspector prior to construction. 5. All join lines shall be saw cut on a neat, straight line parallel with the join. The cut edge shall be protected from crushing, and all broken edges shall be re-cut prior to ' paving. 6. No open trenches will be permitted. All trenches aye to be backfilled and covered with a minimum of two inches (2")of temporary A.C. paving or trench plates.When steel plates are used they shall be used per Caltrans Standards 602.1.The City Engineer may recommend additional safety measures if he deems it necessary. 7. Open-cut transverse trenches are not allowed within streets except at intersections, unless otherwise approved. Mid-block crossings may be installed by jacking conduit under street. Crossing shall be spaced at least 150 feet apart 8. Sidewalk cuts-- removal and replacement-- need to be cut back to the nearest joint and filled. 9. Curb and Gutter removals need to be cut back a minimum of 12 inches of asphalt for a clean edge. 10. If existing curb and gutter lip, EP, AC Berm{ etc., is within 2' of the edge of trench, remove existing AC within this area and include in repair as described in Figure A Construction Notes. 11. Temporary and permanent resurfacing shall be per specifications put forth in this document.All temporary and base course paving shall be installed to the finished surface of the existing pavement. For longitudinal trenches less than 3 feet in width and greater than 20 feet in length, or transverse trenches less than 3 feet in width and 8 feet in length, the total surface area of the finish course of asphalt concrete pavement shall be 24 inches wider than the nominal dimension of the trench.This shall be achieved by cold-milling the base course asphalt concrete and the existing asphalt concrete to a depth of 11/2-inch minimum below the existing finished surface, and 12 inches beyond the edge of trench in all directions. Cold milling of PCC (Portland cement concrete) improvements, such as gutters and spandrels, is not allowed. 12. Where a series of cuts are made, a series being defined as two or more cuts that are within 15' or less of each other,the series shall be treated as a continuous open trench and the pavement repair shall be accomplished as herein specified for open trenches. 13. When patching a street cut made on a street with Petromat overlay, The Contractor will be required to grind 1'wider than the existing patch on all sides at a depth of 2". Replace the Petromat overgrinded surface with AR4000 oil and repave with 2"of AC. 14. See Figure A and accompanying Construction Notes for more repair detail. STREET Y TRENCH ' VARIES (PER APP-D.PLAN). XIST.ST.SURFACE 2"MIN VADYA\ N v 3.5"MIN.© VARIES i i I ' J O Figure A ! Y W m R i z z , 0° U) PIPE OR CONDUIT MAX. MAX. VARIES 5 l ONSTRUCTION NOTES ` EXISTING AC SHALL BE SAWCUT OR COLD PLANED FOR TRENCHING AND SHALL BE CLEAN AND STRAIGHT PRIOR TO PERMANENT AC PLACEMENT. BEDDING/SHADING ZONE PER UTILITY/AGENCY REQUIREMENTS AND SECTION 19-3.06"STRUCTURE BACKFILL," OF THE CALTRANS STANDARD SPECIFICATIONS: 3 BACKFILL SHALL BE IN ACCORDANCE WITH'SECTION 19-3.06 OF THE CALTRANS STANDARD SPECIFICATIONS. (SEE CONSTRUCTION NOTE 5) CLASS II AGGREGATE BASE SHALL BE 6" MINIMUM THICKNESS OR MATCH EXISTING THICKNESS IF MORE THAN 6". 5 IF TRENCH IS PERPENDICULAR TO STREET CENTERLINE (STREET CROSSING) OR IF TRENCH WIDTH IS 12" OR LESS,A 1.5 SACK CEMENT SLURRY BACKFILL IS REQUIRED. - 6 TOTAL PERMENANT AC THICKNESS FOR TRENCH REPAIR SHALL BE 1"THICKER THAN EXISTING AND 3.5" MINIMUM. 7 'IF THE EXISTING AC THICKNESS IS 3" OR LESS AND/OR THE TRENCH WIDTH IS BETWEEN 12"AND 24", THEN THE FULL PERMANENT AC REPAIR AS DESCRIBED IN CONSTRUCTION NOTE 6 SHALL BE EXTENDED TO 1" OUTSIDE OF EACH EDGE OF THE TRENCH AS SHOWN. 8 GRIND EXISITNG AC 1'•MINIMUM OUTSIDE OF EACH EDGE OF THE TRENCH AT A DEPTH OF 2", INLAY SAID AREA WITH 2' OF AC, FLUSH WITH EXISTING ADJACENT AC SURFACE. OO IF EXISTING CURB AND GUTTER LIP, EP, A&BERM, ETC., IS WITHIN 2' OF THE EDGE OF TRENCH. REMOVE EXISTING AC WITHIN THIS AREA AND INCLUDE IN REPAIR AS DESCRIBED IN CONSTRUCTION NOTE 8. OO PERMANENT AC SHALL BE '/z" MEDIUM, MAX./AR-4000 MAY BE USED IN LOWER LIFT ONLY. APPROVED _ CITY OF GRAND TERRACE DATE REVISIONS DATE BY MARK APPROVED ' STREET CUT TRENCH REPAIR DETAIL D. COMPACTION AND PAVING REQUIREMENTS 1. The Contractor may use the native excavated soil.as backfill material do longitudinal trenches (direction of the travel lane), compacted to 90% relative density. All transverse excavations, intersection excavations, and pothole excavations shall be backfilled with one sack cement slurry backfill. 2. Backfill densification shall be by compaction method and in accordance with specifications as stated in this document.. Contact Engineering Inspector to arrange for compaction testing. Slurry backfill will not require compaction test. 3. Sub grade preparations shall be per Caltrans Specifications. 4. Untreated base shall be crushed aggregate base shall be constructed per Caltrans specifications. 5. Asphalt concrete pavement shall consist of a minimum of two courses: 1)A 1°thick, minimum finish course of D1-AR4000 (3/8"aggregate size)and 2)A base course of B-AR4000 (3/4"aggregate size).The base course shall be 1"deeper than the existing A.C.. 6. Pothole dimensions shall be a minimum of 3'x 3'to allow proper compaction and prevent damage to existing A.C. in good condition. If dimensions are less than 3'x 3' backfill with one sack cement slurry is required. 7. The Contractor shall not place concrete or asphalt on the project without first having submitted compaction tests to the Department of Public Works. 8. The Final Compaction on Report and approval from a Soils Engineer shall contain the type of field-testing performed. Each test shall be identified with the method of obtaining the in-place density, whether sand-cone, drive-ring or other approved method shall be so noted for each test. Sufficient maximum density determination ' shall be performed to verify the accuracy of the maximum density curves used by the field technician. Recommendations for structural sections shall also be supplied. E. COMPACTION AND TRENCH SPECIFICATIONS 1. Compaction Zone Compaction Pipe Zone 85% Backfill/Sub Base 90% Class II Base 95% F. OTHER REQUIREMENTS 1. Replacement of Street Markings and Reflectors a. Any street markings or reflectors that are damaged or removed during the process of street cuts or trenching shall be replaced in kind. '1 i 1 i� '�)� 1