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11/10/2009 FILE -COPY - - C I T'y GRHND TERM IA November.10,2009 22795 Barton Road Grand Terrace California 92313-5295 Civic 4-6 ter621 CITY OF GRAND TERRACE- FaxQ09),793r7629" Fa'x(909)783-2600' CRAXITY COUNCIL 1Vlaryetta FerrB - Mayor REGULAR MEETI-NGS Lee Ann Garcia M�yor Pro.Te.n 2� AND, 4T1 Tuesday,' 66.00 p.m.. . Bea Cortes' *alt Stanckiewitz. Council Members Bernie Simon Acting City Manager ' Council Chambers.: Grand Terrace Civic Center. 22195 Barton.Road Grand-Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS November 10,2009 GRAND TERRACE CIVIC CENTER 4:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE.IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance/Flag Ceremony-Cub Scouts Pack 242 * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION r 4:00 P.M. WORKSHOP-SOLID WASTE FRANCHISE AGREEMENT 6:00 P.M. CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 10-27-2009,Minutes Approve 2. Neighborhood Improvement Program Progress Report ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Introduction of New City Manager,Betsy Adams B. Commendation-Lt.Tony Allen 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and I I noncontroversial. They will be acted upon by the Council at one time I without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for j discussion. A. Approve Check Register Dated 11-10-2009 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 10-27-2009 and 11-03-2009 Minutes Approve D. State COPS SLESF Grant -FY 2009-10 Expenditure Plan A22rove COUNCIL AGENDA 11-10-2009 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION E. Treasurer's Report for Quarter Ending September 30,2009 Approve 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any j items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not.discuss or act on any item not on the agenda,but may briefly respond to statements I made or ask a'question for clarification. The Mayor may also l request a brief response from staff to questions raised during public _ comment or may request a matter be agendized for a future meeting. 5. REPORTS A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of October 5,2009 Accept 2. Emergency Operations Committee a. Minutes of October 6,2009 Accept B. Council Reports 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS-None 9. CLOSED SESSION-None ADJOURN CITY COUNCIL THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, DECEMBER 8,2009 AT 7:30 P.M. AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. Sib Al.1' OR41A AGENDA REPORT MEETING DATE: NOVEMBER 10,2009 Council Item (X) CRA Item ( ) TITLE: WORKSHOP,SOLID WASTE FRANCHISE AGREEMENT PRESENTED BY: PUBLIC WORKS DEPARTMENT RECOMMENDATION: CONDUCT SOLID WASTE WORKSHOP BACKGROUND: The solid waste franchise agreement was originally amended in March 1998 between the City and USA Waste of California. This agreement was amended in March 2002 to change the term of the agreement from a fixed term to a 6-year tern, renewable on the anniversary of the agreement for an additional year so that the remaining term is six-years unless notice is given. The current agreement was renewed on April 1, 2009 and will expire on March 31, 2015. In 2007, USA Waste of California, dba Waste Management of the Inland Empire, sold the franchise agreement to Burrtec Waste Industries, and on-June 12, 2007, the Council formally approved the transfer of the franchise agreement. On August 14, 2007, the Council adopted an amended Integrated Waste Management Agreement. DISCUSSION: Since 2007, Burrtec has worked with the City to improve and enhance the service levels, and recently approached the city to request an amendment to the agreement to-further improve the operations of the agreement. Burrtec is proposing to amend the following areas of the agreement. A copy of the draft amendment is attached to this staff report. 1. Burrtec is proposing to assume responsibility for the collection of illegally dumped materials along the city's main streets and thoroughfares. This service is proposed at no additional cost to the city and would assist the city in maintaining a clean and aesthetically pleasing community. 2. Institute the use of alternative fueled vehicles, as required by AQMD Rule 1193. This would advance the city's goals towards being an environmental leader. 1 3. Amend the agreement to include -the payment to the city of a Pavement Impact Fee, estimated at 3.5% of the service and disposal portion. This funding stream would recognize the impact that the operations of three 10-ton collection trucks have each week on the city's streets, and would provide an additional funding source to.supplement the Staff city's street paving program. estimates that this funding source would be approximately $35,000 per year. 4. Require the replacement of all residential containers with new containers, color coded black for refuse, blue for recycling and green for yard wastes, bringing the city into consistency with surrounding cities and generally accepted practices. 5. Increase the length of the term of the agreement from the current 6-year period to 10- years in order to improve the funding of the various improvements. As part of the negotiations, staff reviewed the operating costs of two programs that he City is currently providing as part of the solid waste collection services. The first is the Coui ty of San Bernardino Household Hazardous Waste program which allows Grand Terrace residents to disposal of household hazardous materials at no cost to the resident. The second program is the city's street sweeping program, which provides monthly sweeping of all residential streets, and weekly sweeping of all commercial and industrial streets. It was determine that the existing rates do not currently cover the costs of both these programs, resulting in a subsidy from the general fund. Currently,the existing cost for the HHW program is$11,884;however,the city is only collecting $0.20 per household per month, for a total revenue of $7,454, leaving a deficit of $4,430. In addition, the street sweeping program is currently budgeted for $54,000 per year; however the city is only collecting $0.92 per household per month, for a total revenue of$ 34,290, leaving a deficit of$19,710. In addition, the residential sector is bearing 100% of the cost of the street sweeping program, while the actual service is allocated .66% to residential and 34% to commercial. Finally, staff requested that Burrtec review its current costs and in light of the economic recession, determine if any rate reductions would be possible. As a result of BurrtelcIs review, they have identified an approach that will allow the City to maintain the existing rates to the residential customers while allowing the city.to recoup the additional street sweeping and HHW program costs as well as collect the additional cost for the Pavement Impact Fete. On the commercial side, staff was able to add the street sweeping component and Pavement Impact Fee to the rates while only requiring a modest rate increase of approximately 2%. Stag is conducting a workshop with the Council to provide a current status on the City's solid waste collection and recycling program and to present in greater details the proposed amendments and rate restructuring for discussion. During the workshop, the Council may provide further direction to staff regarding additional amendments or considerations that can be incorporated into the proposed Franchise Agreement amendment and rate resolutions. Staff anticipates presentation of the amendments and rate resolution for consideration at the December 8, 2009 council meeting; if approved, the proposed rates will become effective January 1, 2010. Respectfully submitted, Rictiard Shiel s Director of Building and Safety/Public Works i Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: Power Point Presentation Current Solid Waste Franchise Agreement Current Resolution, 2007-10 Second Amendment to Solid Waste Franchise Agreement, Burrtec Rule 1193 Managing Universal Waste in California 3 4-V- i R T7 • 5?�� 0"F' 2e 0 I'VI A'D A n Alld R,t( ,! AdjLISLIII%2ilt-S No \ cinhcr 101 2009 I g ' ranchise Agreement IA Originally revised in March 1998 between City and USA Waste (dbaWaste Management of Inland Empire) Original term was for 10 years, to expire in March 2008 . Amended on March 28 , 2002 to change terms of agreement from fixed 10-year term to annual renewal for maximum of 6-years unless notice of cancellation given. Current agreement .renewed for additional one year period on April 1 , 2009 and now expires on March 31 , 2015 . ient Fra , ichise Agreei In 2007 Waste Management sold it's existing franchise to Burrtec Waste Industries, the current hauler. On June 12 , 2007, the Council formally approved the transfer of the franchise to Burrtec. On August 14, 2007, the Council adopted an amended Integrated Waste Management Franchise Agreement. y Burrtec has approached the City regarding entering into Amendment Number One of the agreement. T `f r Was-ctiground City's Waste stream consists of four parts — Residential, using automated three cart system. Commercial, using front load collection Industrial, using either compactors or open-top roll-offs Self-haul, with .residents directly hauling to County landfills. Existing franchise agreement covers residential, commercial and industrial collections. V -Req u i re n"',, e rits City required uired to divert 50% of generated waste stream or face up to $ 10,000 per day fines under AB939 . In 2008 , State adopted SB 1016 which changed State g requirements reporting from percent to pounds per person per day. Approved Target- Annual- Target- Annual- Population Population Employment Employment Year Diversion (Ibs/person/ (Ibs/person/ (lbs/person/ (Ibs/person/ 1999 53°n day) da Year day) day) y) Y) 2000 52% 2007 4.9 4.9 24.8 24•1 2001 52`iv 2008 4.9 4.7 24.81 23.8 2002 48% 2003 46% 20G4 48% 2GC5 52`ib 2G06 1 48% LA S I A Q M D R u 9 3 Adopted June 16, 2000 and amended June 6, 2003 . Effective date is July 1 , 2002 Applies to public and private solid waste collection Meets of 15 or more solid waste collection vehicles. All additions to or formations of new fleet shall be alternative fuel or pilot ignition. Applicable to new and replacement vehicles in refuse fleet. • al Waste CS Req u i .� re cn e ntj reTheg seulations are found in the California Code of Regulations, title 2 2 , division 4. 5 , chapter 2 3 _ Common examples of Universal Wastes include Televisions, p Computers, Computer Monitors, Batteries, and Fluorescent Lamps. p Exemptions that temporarily allowed people to dispose of p some universal wastes in the regular trash have ended. Households are not exempt from the Universal Waste Rule. Households must recycle their universal wastes and are posing from disposing them in the trash. , r �l To Existirl '-l' CJ A e e tS Add to "Services Provided By Contractor" - Illegally Dumped Materials. Contractor shall collect materials illegally dumped in the public right of way along the City's main streets and thoroughfares at no additional cost to the City. Arciendments To Existin ., .Replace "Franchise Term" The following shall replace the existing 6-year FRANCHISE TERM language: The term of this agreement shall be for a period of ten (10) years and shall commence on December 1 , 2009 and end on November 30, 2019. v On December 1 , 2010 and on December 1st of each subsequent year, the term of this Agreement shall be automatically extended for an additional year ("automatic renewal") so that the term of the Agreement shall remain at a minimum.,of ten (10) years. Should either party wish to terminate the "automatic renewal", such party shall give the other party written notice to that effect at least ninety (90) days prior to December 1st, of any year. Such notice shall terminate the "automatic renewal" provisions and the Agreement shall remain in effect only for the ten (10) year balance term. �"Ali9 p � A ner 1d n l _is o xis�� l � i Add to "Franchise Fee" Beginning December 1 , 2009 Contractor shall pay City a Pavement Impact Fee of 3 . 5% of the service fee for all Residential, Commercial and Industrial business. w ''' �* Ar,� ri is d i Existirig Y�r s`� x\r� ��s e 10 i Yr , Add to "Collection Equipment" The following shall be added to the existing COLLECTION EQUIPMENT language. By or before July 1 , 2010, all of Contractor's routed collection vehicles used in the performance of this Agreement shall be Alternative Fuel Vehicles, defined as vehicles which operate on compressed natural gas ("CN G") or liquefied natural ,gas ("LNG"). Contractor shall be permitted to operate non-alternative fuel vehicles for periods not to exceed (30) calendar days under the following circumstances: (1) as back-up for regular route vehicles when such vehicles are out of service_for repair,or maintenance; (2) to supplement the regular collection vehicles for special programs such as community clean-up days; or (3) in an emergency situation. / i ma's .� ■ s �y -ients lo �--Jjjubta Ali endn xisti r, c,; : �5 i iz� Add to "Collection Equipment" The following shall be added to the existing COLLECTION EQUIPMENT language. By or before July 1 , 2010, all of Contractor's residential containers (automated barrels) used in the performance of this Agreement which have not been previously exchanged shall be exchanged for new containers. Containers shall be uniform in size and provided in different colors for different materials: ( i ) Black containers for Solid Waste; ( ii ) Blue containers for Recyclable Materials; and ( iii ) Green containers for Green Waste. k n- 0 viousthO 1 CityE:s CA I'd o u s VV a st , provides two programs under the solid waste agreement Contracts with County of San Bernardino for Household Hazardous waste services. Current estimated costs is $ 11 ,8 84 per year Contracts with Kellar Sweeping, Inc. for residential and commercial sweeping services. Current budget is $54,000 per year. T i r . � Ries Considerations Current refuse rates include cost for street sweeping and household hazardous waste (HHW) . Existing rates for street sweeping and HHW have not been adjusted, resulting in general fund subsidy. Burrtec has identified cost savings and has ,indicated willingness to pass these savings through to the City. Collection operations, due to use of three collection trucks cause a significant increase in pavement damage, therefore staff explored possibility of including Pavement Impact Fee. Above all, no or small rate increase to recognize economic times. V PI ts Residential Commercial Total Curb Amount Curb Miles Curb Miles Miles FY09-10 Budget $ 54,000.00 68 8 76 Annual Miles Swept 816 416 1232 1QQ% Percentage 66`ib 34`/0 Cost Per sector $ 35,766.23 $ 18,233.77 $54,000.00 Monthly Cost Per Sector $ 2,980.52 $ 1,519.48 $ 4,500.QQ Annual Cost Per Mile. $ 43.83 $ 43.83 $ 43.83 Monthly Cost Per Mile $ 3.65 $ 3.65 $ 3.65 Number of Residential Refuse (Highest Count in previous 12 3106 3106 3106 months) Number of Cubic Yards Per month 5981 5981 5931 Cost per residential unit: $ 0.96 Cost per cubic Yard $ 0.25 S 0.75 d e n i J a Hotel -i- wa`<r��j°.v.'�'k`'S'�;.e ,'',-�-� e'.�'+-,*�g )i - ,Y"�,�*''�?iy}�`, #"•a�'io: -`_"4T�.`1fc:-Y" ri�4_.i -o'....�� ..:. - DIFFERENCE CALCULATED RATES EXISTING RATES IN RATE TOTAL TOTAL BI TOTAL TOTAL BI. TOTAL Service Level MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY FEE FEE FEE FEE FEE Service-Level 1 -96-gallon refuse (black)cart plus a recycling(blue) -cart and green waste(green)cart of either a 64-or 96-gallon size. 22.42 $ 44.84 $ 22.44 $ 44.88 Service Level 2-64-gallon refuse kblack)can plus a recycling(blue) cart and green waste(green)cart of either a 64-or 96-gallon size. $ 21-07,1 42.15 $ 21.02 $ 42.04 0.05 A Rates DIFFERENCE CALCULATED RATES EXISTING RATES IN RATE TOTAL TOTALBI TOTAL TOTAL IN TOTAL Service Level MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY FEE FEE FEE FEE FEE Front Load Refuse Bin Size: 3 1 time per week S 114.52 $ 229.05 $ 112.09 $ 224.18 2.43 2 time per week $ 214.'65 $ 429.30 $ 209.47 $ 418.94 5.18 3 time per week $ 329.24 $ 658.48 $ 321.63 $ 643.26 7.61 4 time per week $ 453.33 $ 906.66 $ 443.49 $ 886.98 9.84 5 time per week S 558.41 $ 1,116.81 $ 545.93 $ 1,091.86 12.48 6 time per week $ 672.70 $ 1,345.41 $ 07.79 $ 1,315.58 14.91 Front Load Refuse Bin Size:4 1 time per week $ 151.53 $ 303.06 $ 148.26 $ 296.52 3.27 2 time per week $ 288.49 $ 576.98 $ 281.62 $ 563.24 6.87 3 time per week $ 440.13 $ 880.25 $ 430.00 $ 860.00 10.13 4 time per week $ 591.78 $ 1,183.55 $ 578.37 $ 1,156.74 13.41 5 time per week $ 745.39 $ 1,490.79 $ 728.75 $ 1,457.50 16.64 6 time per week $ 893.94 $ 1,787.88 $ 873.96 $ 1,747.921 19.98 N Sri ` Rates DIFFERENCE CALCULATED RATES EXISTING RATES IN RATE Service Level TOTAL FEE TOTAL FEE TOTAL FEE Low-boy Rolloff Box-10 to 19 yards S 195.53 $ 199.74 Open Top Rolloff Box-20 to 29 yards S 195.53 199.74 Open Top Rolloff Box-40 to 49 yards $ 195.53 199.74 Compactor-40 to 49 yards S 218.51 223.22 REFUSE, Berton Roll off and . Compactor Rate $ 56.15 47.38 8-.77 Temporary 10-,20-or 40-yard Bin, 7-day Rental,6-ton maximum. S 555.39 $ 449.48 105.91 71ONS E Na DAI i.. 0 IVI IV Direct staff to proceed with Amendment Number 1 as set forth for presentation to Council for consideration at the December 10th meeting. Direct staff to prepare rate resolutions as recommended for presentation to Council for consideration at the December 10th meeting, with rates effective on January 1 , 2010. r w i - (ALIF0RNIA August 24, 2007 22795 Barton Read Grand Terrace California ` 92313-5295 Burrtec Waste Industries, Inc. 9890 Cherry Avenue Civic Center(909)S 2.1-h621 Fontana, CA 92335 Fax(909) 793-7629 Fax(909)783-2600 The Grand Terrace City Council, at their meeting on August 14, 2007, approved an Agreement between the City of Grand Terrace and Burrtec Waste Industries, �laryetta Fore MayorMayorp �' g Inc. of California for the provision of Integrated Waste Management Services. 1 Enclosed you will find a copy of the Agreement which has been signed. Please Lee Ann Garcia execute the agreement and return to our office at your earliest convenience. Mayor Pro Te mpore If you have any questions please contact our office. Council :Members Bea Cartes Sincerely, Jun T. Miller , Dan Buchanan Thomas J Schwab Brenda Mesa City Manager City Clerk ,Enclosure , cc: Steve Berry, Assistant City Manager 23 c1Ty ROMP TER Community Services Department Staff Report To: Mayor and City Council From: John R. Harper, City Attorney Date: August 14, 2007 Subject: Adoption of Amended Integrated Waste Management Franchise Agreement as a result of transfer RECOMMENDATION It is recommended that the City Council adopt the attached Integrated Waste Management Franchise Agreement with Burrtec Waste Industries, Inc., memorializing the action taken on June 12, 2007. BACKGROUND As the City Council is aware, at its meeting of June 12, 2007, the City Council approved the transfer of the Integrated Waste Management Fra i chise Agreement from USA Waste of California to Burrtec Waste Industries, .Inc. The accompanying amended Franchise Agreement contains no changes.other than the reflection of that transfer. All terms and conditions, rates, and the term of the Franchise Agreement are as currently exist. FISCAL IMPACT None. ATTACHMENTS Integrated Solid Waste Management Franchise Agreement with Burrtec Waste Industries, Inc. 2� AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND BURTECC WASTE INDUSTRIES, INC. OF CALIFORNIA, INC. FOR THE PROVISION OF INTEGRATED WASTE MANAGEMENT SERVICES This Franchise Agreement ("Franchise Agreement") is entered into this I" day of July, 2007 by and between the CITY OF GRAND TERRACE ("City") and BURRTEC WASTE INDUSTRIES, INC., (Contractor) for Integrated Waste Management Services. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste and construction debris handling within their jurisdictions; and WHEREAS, Pursuant to California Public Resources Code Section 40059 (a)(1), the City Council of the City of Grand Terrace ("City") has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of solid waste from commercial, residential and industrial premises in the City of Grand Terrace; and WHEREAS, the City Council of the City of Grand Terrace declares its intention of maintaining reasonable rates for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/roll off services to commercial, industrial and residential properties within City Limits; WHEREAS, in March, 1998, the City granted an exclusive franchise for integrated waste management services to USA Waste of California, Inc., ("USA Waste") and amended the Franchise Agreement in April, 2002 (the "Franchise Agreement"); and WHEREAS, USA Waste has determined to transfer its interest in the Franchise Agreement to Burrtec Waste Industries, Inc. ("Burrtec") and has requested that the City approve said transfer pursuant to the requirements of the Franchise Agreement; and WHEREAS, on June 12, 2007, the City Council adopted a resolution granting the transfer of the Franchise Agreement; and WHEREAS, it is deemed in the interest of the City and Burrtec to amend the Franchise Agreement to reflect the transfer and the current rate structure. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF EXCLUSIVE FRANCHISE. 25 This Franchise Agreement grants an exclusive franchise as provided herein and pursuant to Ordinance No. 162, of the City of Grand Terrace and Califorina Public Resources Code Section 40059 (a)(1) to Burrtec Waste Industries, Inc. for the collection, transportation, recycling, composting and disposal of solid waste, recyclable solid waste, and constructio debris and for providing temporary bin/roll off services for all commercial and industrial and residential premises within the City of Grand Terrace. City reserves the right to amned Ordinance No. 162 and the terms of the Agreement in any manner'necessary for the safety and welfare of the public or to protect the public interests. This Franchise Agreement shall be in force and effect beginning July 1, 2007 within the corporate limits of the City as they now or may•hereafter exist, as shown in Exhibit"A", Franchise Area. SECTION 2. DEFINITIONS Whever any term used in this Franchise Agreement has been defined by Ordinance No. 162, of the City of Grand Terrace or rCalifornia Public Resources Code,-the defintions in the City Ordinance or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. AB 939 - "AB 939" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. B. Bins or Commerical Bins - "Bins" shall mean those container provided by Grantee for commercial, industrial and multi-family residental uses. Bins are of two type: (1) Bins usually 3 cubic yards in size) which are picked up by refuse trucks by means of front loading apparatus; and (II) Roll-off Bins (usually 40 cubic yards in size) which are picked up by trucks using rear loading winches onto rails. C. Bulky Goods - means large and small household appliances, furniture, carpets, mattress, white goods, oversized yard waste such as tree trunks and large branches if no larger than two feet (2) in diameter and four feet (4) in length and similar large,items discarded from residential service recipients. D. Commercial Premises - means all premises in the City other than residential premises. The term "Commercial Premises" includes, but is not limited to, stores; offices; 'federal, state, county and local governmental facilities, including, but not limited to schools, school district offices, special districts and water districts, restaurants, rooming houses, hotels, motels, manufacturing, processing, or assembly shops or plants, hospitals; clinics; and convalescent centers and nursing homes(non-medical waste only) but does not include Single Family premises. E. Commercial Solid Waste - means all types of solid waste, including Green Waste and Recvclable Solid Waste, but no hazardous waste or medical waste generated or accuimulated at Commercial premises. "Commercial Solid Wastes" does not include Resident Solid Waste from Single Family Residences. 2 2E F. Compostables - "Compostables" shall rnean chipped or bulk tree brush and/or grass trimmings, plant and tree clippings; Christmas trees, leaves and other discarded green waste from parks, yards, gardens, City facilities, residential curbside collection programs in the City, and any vegetated areas and other mutually acceptable organic bulking agents generated and collected from within the geographical boundaries of the City. G. Curbside - "Curbside" means a location for placement of refuse containers that provides for convenient and efficient access by collection equipment. H. City Limits - "City Limits" means the boundaries of the City together with all amendments and changes thereto, which bourndaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk of the City Council. I. Contractor - "Contractor" means Burrtec Waste Industries, Inc., the entity granted the Franchise, pursuant to this Franchise Agreement. J. Construction and Demolition Waste - means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. Construction and Demolition Waste" does not include asbestos-containing materials or asbestos waste. K. Franchise - means the exclusive right and privilege granted by this Agreement. L. Franchise Fee - means the fee or assessment imposed by the City on Contractor because of its status as party to this Agreement and which is intended to offset the City's expense in administering this franchise and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure- resulting from Contractor's exercise of this Franchise, the expenses of administering the program for the Residential Solid Waste stream, reporting requirements under the Act and other related expenses. M. Green Waste or Yard Waste - means leaves, grass, clippings, brush an branches generated from landscapes or gardens at Residen"tial Premises, and incidental pieces of scrap lumber no longer than twenty-four inches (24"), separated from other Residential Solid Waste. "Green Waste" includes Holiday Trees but does not include stumps or branches exceeding four inches (4") in diameter or four feet(4) in length. N. Green Waste Containers - means containers provided by Contractor or service recipients for the temporary accumulation of Green Waste. O. Hazardous Waste - means any substance, waste or mixture of wastes defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the Resource Conservation and Recovery .act ("RCRA"), the Comprehensive 'Environmental Response Compensation and Liabilitv ("CERCL"), 42 U S.C. §§ 9601 et seq., and all flitUre amendments to zither of them, or as defined by regulations promulgated by the State of California. Where there is a conflict ril the 3 27 1. definitions employed by two or more agencies having jurisdiction over hazardous or sollid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. P. Multi-Family Bins — means intended to be utilized for the temporary accumulation and collection of Residential Solid Waste for Multi-Family Units. Q. Multi-Family Premises - means residential units"such as apartments, condominiums and townhouses, other, than Single Family dwellings, which utilize Multi-Family Bins, as defined in this Agreement, and not cans or carts, for the temporary accumulation and collection of Residential Solid Waste. "Multi-Family Units" are covered by this Agreement. R. Recycable Material - means a commodity which is sold for compensation, or given away, but which is not discarded into the residential waste stream. A Recycable Material, which is discarded into the residential waste stream, loses its character as a Recycable Material and becomes Residential Solid Waste subject to this Agreement. S. Recycables - "Recycables" shall mean products or substances, including but not limited to paper, cardboard, metal, glass, grass clippings, garden waste, vegetable matter, or other substances capable of being re-processed or reused, which have passed through their originally intended usage and which have been discarded or placed for collection by their owner in accordance with the methods prescribed by this Agreement, whether or not such products have monetary value. T. Recycled - means'the act of having processed Recyclable Solid Waste into a form suitable for reuse and having marketed those processed - materials for a use consistent with the requirements of AB 939. The act of marketing does not require that revenue be generated from the processed materials. U. Recycables - "Recycables" shall mean products or substances, including but not limited to paper, cardboard, metal, glass, grass clippings, garden waste; vegetable matter, or other substances capable of being re-processed or reused, which have passed through their originally intended usage and which have been discarded or placed for collection by their owner in accordance with the methods prescribed by this Agreement, whether'or not such products have monetary value. V. Residential- Residential includes single family residences, multi-family residences, including apartments and condominiums, but does not include hotels or motels. W. Recycling Container — means any container for the temporary accumulation and collection of source-separated Recycable Solid Wastes delivered by Contractor to Residential premises covered by this Agreement. Recycling Containers provided by Contractor shall be described in Contractor's Proposal. Contractor shall obtain ownership of all Recycling Containers, whuh it delvers to residential service recipients. 4 21, X. Residential Premises or Single Family Dwelling or Single Family Unit - generally means a detached building, or each unit of multi-family dwelling, with kitchen facilities, which utilizes one or more carts or cans, but not a Mufti-family Bin, for the temporary accumulation and collection of Residential Solid Waste. Y. Residential Solid Waste - means all types of solid waste, including any household products with the characteristics of Hazardous Waste.which may be found to have .been placed in the residential solid waste stream, including Green Waste and Recyclable Solid Waste placed for collection by service recipients, which originates from Single Family Units located within the City and which is to be collected pursuant to this Agreement: "Residential Solid Waste" does not include Commercial Solid Waste generated or accumulated at hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions, or the waste stream which is collected through the use of Mufti-family Bins. Z. Solid Waste. "Solid Waste" shall mean all waste that is acceptable for disposal in a Class III Landfill and it'shall not include Special Waste as defined herein and/or waste designated for Class I or Class II Landfills. AA. Special Wastes.."Special Wastes" shall mean all the items and materials which are set forth in Exhibit "B", "Special Wastes." SECTION 3. ACCEPTANCE/WAIVER. Contractor agrees to be bound by and comply with all the requirements of Ordinance No. 162 and this Franchise Agreement. Contractor waives Contractor's right to challenge the terms of this Franchise Agreement and Ordinance No. 162, under Federal, State or local law, or administrative regulation, as such laws and regulations exist as of the date of execution of this Agreement. Contractor waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. FRANCHISE AREA. The Franchise Area granted by this Franchise Agreement shall be all commercial, industrial and residential premises located within the corporate boundaries of the City of Grand Terrace, as they now or may hereafter exist. SECTION.5. SERVICES PROVIDED BY CONTRACTOR. A. Single Family Residential Contractor shall provide services using a completely 100% mechanized residential container system for refuse, commingled recyclables and green waste. Mechanized shall mean that 5 29 Contractor shall provide collector tracks that are capable of picking up containers, emptying them into collector trucks and then returning them to the curbside. Parameters of this service shall include: (1) Weekly Service: Once each week, Contractor shall collect the solid waste, recyclables and compostables (except balky items and household hazardous waste) which have been placed, kept, or accumulated in containers at single family residences within the Franchise f Area and placed at curbside prior to Contractor's normal weekly collection time. All solid waste, compostables and recycables must be placed within containers at curbside, without obstructions, so as to permit collection. City agrees to use its best efforts to enforce parking and other ordinances so, as to facilitate this curbside collection system. Contractor may negotiate special pickup procedures above and beyond the normal services described above with customers for an additional fee in an amount provided in the approved rate structure. (2) Green Waste Collection: Contractor agrees to collection and recycling of green waste material, to be collected in a separate container. Thas shall be done in a process mutually agreeable to both the City and Contractor. Recycling Contractor will' collect recyclables weekly with an automated cart system. B. Multi-Family Residential. Contractor shall provide solid waste, compostables and recyclables collection services to all multi-family units, excluding those premises indicated in Exhibit "E" of this Agreement. Parameters of the service shall include collection and recycling programs as follows: 4. - Multi-Family Weekly Service. Not less than once per week, and more frequently if required, to handle the waste stream of the premises where the bins are located. Contractor shall collect the solid waste (including bulky items which have been placed in a closed bin), compostables and recycables (except household hazardous waste) which have been placed -for collection in solid waste or recycling bins. , (2) Bulky Item and Household Hazardous Waste Services. C. Commercial and Industrial Weekly Service. Not less often than once per wee , and more frequently if required to handle the waste stream of the premises where the bins are located, Grantee shall collect the solid waste, compostables, and recyclables which have been placed for collection in solid waste or recycling bins. 6 G 3( (1) Construction and Temporary Bin/Roll-off Services. Grantee shall provide construction and temporary bin/roll-off services using rates reflected in Exhibit "E, as those rates may be amended by resolution of the City Council. C. Additional Services (1) Community Service Collection. Contractor shall provide roll-off containers to any non-profit group, e.g. Boy Scouts, Girl's, Club, churches, soccer, little league, etc., free of charge for the express purpose of the group collecting recyclable materials. Contractor shall .remit all revenues received to the group less the Contractor's transportation cost. (2) Community Cleanup. Contractor shall perform and operate semi-annual City cleanup days, free of charge. This program shall not be required to include commercial solid waste. Contractor shall provide an adequate number of bins based upon recent experience. Bin transportation shall be provided free of charge. The Contractor may schedule the semi-annual City cleanup days to coincide with the County of San Bernardino's free dump-days. If the County's free dump day program is discontinued, and no other alternative exists for having landfill tipping fees waived, the Contractor shall pay,all landfill fees for each load hauled during semi- annual City cleanup days. ! In addition to the service requirements of this Section, the contractor shall provide one annual on-call residential cleanup at each residence, which shall also be free of charge for all single family residential units within the City Limits. ' The contractor shall collect all bulky waste that has been placed curbside on the regular scheduled collection day. This service shall be advertised so that the resident will telephone the Contractor at least 48 hours prior to the requested pick-up day to arrange for the service. (3) Construction and Temporary Bin/Roll-off Services. Contractor shall provide construction and temporary bin/roll-off services using rates reflected in the approved rate structure, as those rates may be amended by resolution of the.City Council. (4) Rental Bin Services. Contractor shall provide three cubic yard Bins for use by households and dwelling units for the purpose of temporary cleanups. This service shall be provided at an additional cost to the customer requesting such services. Items deemed not acceptable for this program include any dead animal, dirt, earth, Hazardous Waste or Biohazardous Waste. In addition, construction or industrial waste materials such as plaster, lumber; brick, tile, or fixtures, resulting from building construction, alterations, or manufacturing processes shall not be 7 31 acceptable under this program. All refuse placed in the containers must tit into the container, and not exceed the dimensions of the container. (5) Overflowing Bins. Contractor shall clean out any overflowing bi s or enclosures within twenty-four(24) hours of notification by City. Contractor shall work with the City Manager or designee in identifying continual problems in customer bins,or enclosures: (6) Christmas'Tree Pickup. Contractor shall pick up, curbside, all Christmas trees no later than January 7 of each year. The trees shall be diverted from the landfill, either by deposit at a composting facility, a tree farm or nursery, or a grinding operation. (7) Refuse Collection and Recycling Sites. Contractor, at City's sole option, shall provide refuse collection and recycling to the following locations within the Franchise Area, at no charge to City or the entities listed: City Fire Stations City Hall, City Public Buildings, Public Works Yard and City Parks. (8) Containers for Use of City Public' Works Department. Upon request Contractor agrees to provide 30 cubic yard Containers to the City for use —� in public land cleanups and local maintenance at no additional cost to the City as agreed. These Containers will be serviced on an as-needed basis, and care will be exercised to minimize disposal costs and maximize recycling: To that end, separate container(s) will be dedicated to the collection of green waste, and every effort will be made to divert this material from disposal. (9) Contractor shall provide temporary bin/roll-off services to customers for numerous items from annual cleanups, moving, extensive yard work, minor construction projects, etc. according to the rate schedule in the approved rate structure as that rate may be amended by the City Council. Bulky item pickups shall be charged an additional fee in an amount provided in the approved rate structure as that fee may be a I ended by resolution of the City Council. (10) Recycling Program. The Contractor shall provide recycling services in the Franchise Area in accordance with the following terms: " Recycling Programs. Service Commencement, AB939 Topics Facility and Revenue Considerations (Through both the collection of Recycable Solid Waste and the'Sale or donation of Recycable Materials) 8 I 32 1) Contractor warrants and guarantees that the City shall comply with requirements of AB939 in that it shall cause at least twenty-five percent (25%) at the time specified by AB939 and subsequently fifty-percerit (50%) of the waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills in accordance with the regulations implementing the California Integrated Waste Management Act of 1989 (as amended - also known as AB939). Contractor shall implement alternatives identified in the City's Source Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE). Contractor shall be responsible to implement the public education and awareness portions of the SRRE and HHWE, at Contractor's expense. Contractor shall provide City with ( written reports in a form adequate to meet City's reporting requirement to the California Integrated Waste Management Board and to the County of San Bernardino throughout the term of this Franchise wherein its performance under this program is set forth in detail. In the event that City does not comply with the requirements of AB939 or its successor legislation, resulting in any tine, assessment, administrative order or any other cost being assessed against the City, contractor expresses, agrees to indemnify, hold harmless and defend the City against any such proposed assessment. 2) Recycling Containers. Contractor shall provide one(1) Recycling Container for commingled Recyclable Solid Waste for each household having residential Refuse (can) service in the program. The Recycling Containers shall have a minimum capacity of 96 gallons: The type, color and design of the Recycling Containers are subject to City Approval. 3)The Contractor shall distribute the Recycling Containers and shall maintain records indicating which properties have received Recycling Containers. Contractor shall be responsible for the placement of lost or damaged recycling containers at no cost to the City or the resident. 4) Contractor shall maintain an adequate stock of Recycling Containers to immediately replace lost, stolen, or damaged Recycling Containers. 5) Collection Schedule. Collection of Recyclable Material shall be performed on the same day that regular Refuse is collected. Residential accounts for single family and multi-family dwellings having residential refuse (can) service shall receive recyclable material collection not less than weekly. 6) Recyclable Materials to be Collected. The following Recyclable Materials shall be collected in the residential recycling collection program: * Newspaper " HDPEiPETE Colored & Clear Plastic * Mixed Paper Qunk mail/magazines) * Chipboard, Cardboard and Phone Books * Rigid Containers, defined as aluminum Cans, HDPE and Pet Plastics, w All Colors of * Glass Containers and Bi-Metal Cans. Recycled items listed may be amended by approval of the City Manager. 9 33 i i 7) Revenue from Recycling. Contractor agrees to a division of revenue received rroni recycled materials with the City receiving 80% of net revenue per ton and Contractor receiving ?0'% of net revenue per ton. Net revenue will be determined by two, mutually agreed upon local processing fees per ton. Contractor agrees to pay City not less than $500.00 per month. I SECTION 6. I A. Developments in Methods and Technologies for Refuse and Recyclable iMaterials Collection. I Contractor and the City acknowledge the dynamic nature of science and technology and therefore agree to cooperate in the best interests of the City in efforts to research and develop Recycled Solid Waste, Refuse and other pilot programs during the term of this Agreement. In addition, Contractor shall meet with the City on an annual basis during the second calendar quarter of each year to discuss scientific, technological and economic developments and advancements in the field of Refuse and Recyclable Materials management, and, if any are reasonably available, to suggest changes to the methods currently utilized by the City or to suggest the implementation of pilot programs. i I B. Household Hazardous Waste (1). Mobile Household Hazardous Waste Collection Program. i At least annually, the Contractor will participate with the County of San Bernardino in a Mobile Household Hazardous Waste Collection Program designed to collect not only non-permit required household hazardous wastes, but also permit required household hazardous wastes, e.g., pesticides, herbicides, oil base paint, etc. These County and Contractor roundups should be coordinated in an effort to provide all residential non- permit required and permit-required roundups annually. If the Household Hazardous Waste Program is discontinued or modified by San Bernardino County, thel Contractor may be required, at City's request, to operate a similar program under terms and conditions negotiated with the City, by amendment to the approved rate structure. If the County landfill tipping fee is modified to eliminate Household Hazardous Waste services, the City may require the Contractor to pay fees which may be passed through to the customer. (2). Motor Oil Program. The Contractor shall pick up, on a weekly basis, used motor oil from residences and multi-family units, upon request from the households, in quantities not to {exceed two gallons per household per request. The contractor may refuse to accept any oil which has not been placed in an appropriate container, as mutually agreed upon by the City and Contractor. The Contractor agrees to have any oil collected under this section disposed ofirecycled in accordance with all pertinent federal, state and local laws and rei4ulations. i I 10 (3). Special Wastes. Contractor may, but is not required to, provide such collection, transportation and disposal services for special wastes. Contractor may provide such services for special wastes if contracted to do so by customers under separate written contracts negotiated between Contractor and the customer generating such special wastes. A schedule of fees for these special waste services shall be approved by the City Manager. (4). Household Hazardous Waste Fee. Contractor shall be responsible for collection and remittance to the City, a .20 cent per residence charge for household hazardous waste services. 4. COMMUNITY EDUCATION Promotional Efforts. Publicity and promotional efforts are of the utmost importance to achieve acceptable participation levels for Refuse and Recycling in the City. The Contractor, working in close contact with the City, shall be responsible for providing promotional information for the program. Promotional efforts include media advertising, education, contests -and community involvement programs to encourage participation by individual volunteers, commercial enterprises and community groups (e.g. parent teacher associations, schools and civic, youth and sporting organizations). All promotional material, programs, contests and efforts must be reviewed and approved by the City prior to public presentation or distribution. SECTION 7. REIMBURSEMENT OF CITY EXPENSES. l. The Grantee shall, within thirty (30) days after receipt from the City of a written itemization, reimburse the City for its reasonable costs of granting this Franchise Agreement to the extent not recovered by prepaid application fees; in an amount not to exceed Five Thousand Dollars ($5,000.00). 2. Cash Bond. Contemporaneously with the execution of this Franchise Agreement, the Contractor shall deposit a cash bond in the sum of one twelfth of the estimated annual franchise fee, adjusted annually, in an interest bearing account for the benefit of the City. The cash bond shall be on terms acceptable to the City Attorney. The cash bond shall serve as partial security for the faithful performance, by Contractor of all provisions and obligations of this Franchise Agreement. (1) .after thirty (30) days following Contractor's failure to pay the City an amount owing under this Franchise Agreement, the cash bond may be 11 35 i I assessed by the City upon Five (5) days prior written notice to the Contractor for purposes including; but not limited to: (a) Failure of Contractor to pay the City sums due under the terms of the Franchise Agreement. (b) Reimbursement of costs borne by the City to correct Franchise Agreement violations not corrected by Contractor, after due notice. (c) Monetary remedies or damages assessed against Contractor due to breach of the Franchise Agreement. i SECTION 8. FRANCHISE TERM. The Franchise term expires on June 30, 2008. Twenty-four months prior to this date, the Contractor may request the City to consider an extension of this initial term. SECTION 9. FRANCHISE TRANSFERABLE: CITY CONSENT REQUIRED A. It is the expressed intent of the Parties to this Franchise Agreement that the!rights and privileges granted by this Franchise Agreement shall not be transferred, sold, hypothecated, leased, assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein; pass to or vest in any person, except the Contractor, either by act of the Contractor or by operation of law, nor shall any change in control occur, without the prior written consent of City, expressed by resolution. It is further understood and agreed that the City's consent to any of the above actions or transactions may be withheld for any reason, with !or without cause, and that upon the occurrence of any of the above events, without consent of City, City shall have the absolute right to terminate the Franchise .Agreement without notice. Any transfer in the franchise will require contractor to pay the City a transfer fee of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00). I B. In addition to the rights provided City with respect to tenninating the Franchise Agreement, should Contractor take any of the actions provided in Subsection A herein prior to obtaining written consent of City, all of the profits or twenty-five percent (25%) of the Gross Operator Receipts, from the date of the unauthorized action until the date City receives notice of the unauthorized action, whichever is greater, shall be returned to the City. C. City Consent, is required for any change in control of Contractor. "Change in (Sontrol" shall mean any sale, transfer, or acquisition of Contractor. Contractor is a corporation, and any acquisition of more than twenty-ti%-e percent (259,)) of Contractor's voting stock by any person, or groups of persons acting in concert, who already own less than fifty percent (50';o) of the voting stock shall be deemed a change in control. Provided, I 12 36 i however, that the transfer of stock of the Contractor to another refuse company shall not be deemed a change in control. SECTION 10. FRANCHISE FEE. 1. Beginning July 1, 2007 Contractor shall pay City a Franchise Fee of 15% of gross revenues for all Commercial and Industrial business. Beginning June 1, 1998 Contractor shall pay a Franchise Fee of 12.5% of gross revenues for Residential business, minus the Household Hazardous Waste fee. The Franchise Fee for Residential business shall be 15% of gross revenues beginning July 1, 2007. SECTION 11. FRANCHISE TRANSFER: FEES. A. Any application for a franchise transfer or change in control, as described in Section 9, Subsection A, shall be made in the mannerprescribed by the City Manager. The application shall include the payment and reimbursement to City of up to $10,000 to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct an indirect expenses. In addition, the Contractor shall reimburse the City for all costs not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. B. These franchise transfer fees are over and above any franchise fees specified in this Franchise Agreement. SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION. A. If the City Manager determines that the Contractor's performance pursuant to this Franchise Agreement has not been in conformity with reasonable industry standards which are obtained in similar cities in Southern California, the provisions of this Franchise Agreement, the requirements of Ordinance No. 162, the requirements of the California Integrated Waste Management. Board; including but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this Franchise Agreement) or any other applicable Federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage, or disposal of special wastes, the City Manager may advise Contractor, in writing of such deficiencies. The Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Contractor of such written notice. The City Manager shall review the .Contractor's response and refer the matter to the City Council or decide the matter and notify the Contractor of that decision, in writing. A decision or order of the City Manager shall be final and binding on Contractor if the Contractor fails to file a "Notice of Appeal" with the City Manager within 30 days 13 37 f of receipt of the City Manager's decision. Within ten (10) working days of receipt of a Notice of Appeal, the City Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 12C-D, below, or refer the matter to 'a hearing officer as provided in Section 13, below. B. The City Council, in such case, may set the matter for hearing. The City Council shall give Contractor, and any other person requesting the same, fourteen (14) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give the Contractor, or its representations and any other interested person, a reasonable opportunity to be heard. C. Based on the evidence presented at the public hearing, the Council shall determine by Resolution whether the Franchise Agreement should be terminated or liquidated damages imposed. If, based upon the record, the City Council determines that the performance of Contractor is in breach of any material term of this Franchise Agreement or impose liquidated damages, as defined below. The decision of the City Council shall be final and conclusive, subject to referral of the matter for an administrative hearing pursuant to section 13, below. Contractor's performance under its franchise is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. D. This right of termination or to impose liquidated damages is in addition to :any other rights of City upon failure of Contractor to perform its obligations under this Franchise Agreement. E. Termination of Franchise. The City reserves the right to terminate Contractor's franchise or impose liquidated damages in the event of any of the following: (1) If the Contractor practices, or attempts to practice any fraud or deceit upon the City: I (2) If the Contractor becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of contractor in a bankruptcy proceeding. I (3) If the Contractor fails to perform in full force and effect, the workers compensation, liability, indemnification coverage, or cash bond as required by the Franchise Agreement: (4) If the Contractor violates any orders or violation of any regulatory body having jurisdiction over the Contractor relative to the Franchise Agreement, provided that the Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, m! which no breach of the franchise shall be deemed to have occurred. i 14 ' 3� 5. If the Contractor ceases to provide collection services as required under this Franchise Agreement over all or a substantial portion of its Franchise Area for a period of seven (7) days or more, for any reason within the control of the Contractor. 6. If the Contractor willfully fails to make any payments required under the Franchise Agreement and/or refuses to provide the City with required information, reports and/or test results in a timely manner as provided in the ter' Franchise Agreement. (7) Any other act or omission by the Contractor which materially violates the terms, conditions or requirements of the Franchise, City Ordinance, the California Integrated Waste Management Act of 1989, as it may be amended from time to time or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or if the Contractor cannot reasonably correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Liquidated Damages. (1) The City finds, and the Contractor agrees, that as of the time of the ~' execution of this Franchise Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages which shall be incurred by the City as a result of a material breach by Contractor of its obligations under this Franchise Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (I) Substantial damage results to members of the public who are denied services or denied quality or reliable services, (II) Such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Franchise Agreement to individual members of the general public for whose benefit this Franchise Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (III) That services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (IV) The termination of this Franchise Agreement for such breaches; and other remedies are, at best, a means of future correction and not remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. 15 39 i (2) After providing notice and opportunity to cure as set forth in Section 12.A., the City Council may, in its discretion, assess liquidated'damages not to exceed the sum of Seven Hundred Fifty Dollars ($750.00) per day, for each calendar day that service is not provided by Contractor in accordance with this Franchise Agreement. The amount of the liquidated damages shall be increased by the past year's consumer price index for San Bernadino-Riverside area on March I and effective July I of each year. In addition, the Council may order the assessment against the cash bond requied by Section 7(2), above, the termination of the Franchise Agreement, or both. (3) The City finds, and the Contractor acknowledges and agrees that the above described liquidated damages provisions represent a reasonable sum in light of all the circumstances. Said liquidated damages sums' shall be applicable to each business day of delay during which Contractor has been found by the City Council to be in, material default pursuant to this Section. The Contractor shall pay any liquidated damages assessed by the City Council within ten (10) days after they are assessed. If they are not paid with the ten (10) day period, the City may withdraw them) from the cash bond required by Section 7(l), above, order the termination of the franchise granted by this Franchise Agreement, or both. i SECTION 13. ADMINISTRATIVE HEARING PROCEDURES. A. Should Contractor contendthat the City is in breach of this Franchise Agreement, it shall file a written request with the City Manager for an administrative hearing on the allegation, within fourteen (14) days of the alleged breach or of Contractor's notice thereof. i B. If either the City Manager or the City Council refers a matter to a hearing officer, or if the Contractor should allege a breach of the Franchise by the City, City and Contractor shall mutually agree on a hearing officer. If agreement is not reached within twenty (20) working days of the filing of the notice of breach, then Contractor shall select the hearing officer from a list of three potential hearing officers who are retired California Superior Court judges or Appellate Court justices, none of whom are related to parties, prepared by the City Manager and approved by the City Council. C. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sea. The exclusive venue shall be in San Bernardino County, California. A hearing officer to whom a matter is referred shall have the authority to (1) order the City or Contractor to undertake remedial action to cure the breach ad to prevent occurrence of similar breaches in the future; (II) Assess damages and/or levy a penalty upon the City or the Contractor consistent with the terms of this Franchise :agreement; or (11I) Find there has been no breach. If the hearing officer finds there has been no breach, such �a decision i 4C precludes the City from conducting a default hearing. For any occurrence or series of related D. The party losing the hearing shall be liable for the hearing officer's fees. E. Any failure of the Contractor to comply with the hearing officer's order shall be deemed a material breach of the Franchise Agreement, and may be grounds for termination of the Franchise Agreement. ( F. The hearing officer shall commence the hearing within thirty(30) days of selection unless the parties and the hearing officer otherwise agree. Any party to the hearing may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty(20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply. G. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequerlt communications between a party and a hearing officer shall be simultaneously delivered to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance. H. Until final decision is entered from the hearing officer proceeding under the foregoing provisions and the time for appeal or other post judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in the Franchise Agreement and related to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any proposed penalties or sanctions upon finding that the party subject thereto acted with substantial justification or if the interest of justice so require. 1. Any party to a hearing may petition the Superior Court in San Bernardino County, California to confirm; correct, or vacate the award on the grounds stated in the General Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures 1294 and 1294.2. SECTION 14. CITY'S ADDITIONAL REMEDIES. (n addition to the remedies set forth in Section 12 and 13, above, City Shall have the following rights and remedies: 17 41 I I I I 1 A. To rent or lease equipment from Contractor at its fair and reasonable rental value for the purpose of collecting, transporting, recycling, composting, and,disposing of solid waste and construction debris and providing temporary bin/roll-off services which Contractor is obligated to collect, transport, recycle, compost, and dispose of solid waste and construction debris and provide temporary bin/roll-off services pursuant to this Franchise Agreement, for a period not to exceed six (6) months. In the case of equipment not owned by Contractor, Contractor shall assign to City, to the extent Contractor is permitted to do so tinder the instrutnents pursuant to which Contractor possesses such equipment, the right to possess the equipment. If City exercises its rights under this Section, City shall pay to Contractor the reasonable rental value of the equipment so taken for the period of City's possession thereof. B. The right to license others to perform the services otherwise to be performed by Contractor hereunder, or to perform .such services itself, and I C. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Franchise Agreement by Contractor, City may suffer irreparable injury and incalculable damages!sufficient to support injunctive relief, to enforce the provisions of this Franchise Agreement and to enjoin the breach thereof. SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY. ` A. Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 27A "Force Majeure", below, refuse or be unable to collect, transport, recycle, compost, and dispose, and provide temporary bin/roll-off services any or all of the refuse, compostables, and recyclables which it is obligated under this Franchise Agreement for a period of more than seventy-two (72) hours, and if as a result thereof, debris, refuse, compostab(es, recyclables and construction debris should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety, or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Contractor, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Contractor previously used in the collection, transportation, recycling, compolsting, and disposal of solid waste and construction debris and provide temporary bin-roll-off services under this Franchise Agreement, and to use such equipment and facilities to collect, recycle, compost, and transport any or all debris, refuse, compostables, recyclables, and construction debris and provide temporary bin/roll-off services which Contractor would otherwise be obligated to collect, recycle, compost, transport, and dispose of solid waste and construction debris and provide temporary bin/roll-off services pursuant to this Franchise Agreement. Contractor agrees that in such event it shall fully cooperate w ith City to effect such a transfer of possession for C1ty's use. I 18 ' 41t B. Contractor agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Contractor any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above mentioned property to Contractor upon receipt of written notice from Contractor to the effect that it is able to resume its normal responsibilities under this Franchise Agreement. SECTION 16. PRIVACY. A. Contractor shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB939. B. Contractor shall not market or distribute, outside -the normal course of its business, mailing lists with the names and addresses of customers. C. The rights accorded customers pursuant to this Section shall be in addition to any other privacy right accorded customers pursuant to Federal or State law. --r SECTION 17. REPORTS AND ADVERSE INFORMATION. A. Monthly Report. Contractor shall submit to City a Monthly Report in a form acceptable to City on or before the fifteenth (151h ) day following the end of each calendar month, which report shall at a minimum include the following information: 1. Volume of Refuse collected by service type(in tons). 2. Volume of Refuse diverted from landfill disposal as the result of Contractor's performance of the Recyclable Materials collection program, in manner consistent with the reporting requirements promulgated pursuant to AB939. 3. Indication of recycling program participation. Participation rates shall be determined form data gathered on a daily basis. 4. A record of Recyclable Materials sold reflecting the quantity or tonnage sold of each category. 3. Information compiled concerning customer complaints, along with a brief narrative describing any operational changes made to respond to complaints received and to prevent their reoccurrence in the future; and 19 43 i 6. A list of notices issued detailing Recyclable Materials contamination problems and Contractor's follow-tip actions, including copies of contamination notices and warning letters issued during the month. B. Annual Reports. The City shall require that within sixty (60) days after the! close of Contractor's fiscal year, the Contractor shall submit a written annual report, in an audible form approved by the City, including, but not limited to, the following information: I 1. A summary of the previous year's (or, in the case of the initial report!year, the initial years) activities including, but not limited to, services began or discontinued during the reporting year, and the number of customers! for each class of service; I 2. A report, in a form satisfactory to the City, on the City's progress in meeting, and maintaining its ability to meet its goals, under AB939, along with any recommended changes. 3. A revenue statement, setting forth quarterly Franchise Fees and the basis for the calculation thereof, certified by an officer of the contractor. I 4. A revenue statement setting forth quarterly revenue received from the sale of recycables collected pursuant to this Agreement. ! 5. A list of Contractor's officers and members of its board of directors. 6. A list of stockholders or other equity investors holding five percent (5%) or more the voting interest in the Contractor and any subsidiaries unless Contractor is a public corporation whose annual reports are publicly available. i C. AB 939 Reporting. Contractor shall be responsible for the preparation of all reports required under the AB 939. This shall include development of all data and reports required by the Integrated Waste Management Board. Reports will be prepared and delivered to City in a form acceptable to City. Contractor shall indemnify City against all requirements and penalties which may be imposed under the Government Code as it applies to said reporting. ! i D. ,Adverse Information. Contractor shall provide City two copies of all reports or other material adversely affecting the Franchise Agreement, submitted by Contractor to the EPA, the California Integrated Waste Management Board, or any other Federal or State Agency. Copies shall be submitted to City simultaneously with Contractor's filing of such matters with said agencies. Contractor's routine correspondence to said agencies. Contractor's routine correspondence to said agencies need not be automatically submitted to City , but shall be made available to City upon written request, as provtded i!n Section '_6, below: 20 44 1. The Contractor shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Contractor to, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies relating specifically to Contractor's performance of services pursuant to this Franchise Agreement. Any confidential data exempt from public disclosure by State or Federal law shall be retained in confidence by the City and its authorized agents and City shall make every reasonable effort to ensure that it is not made available for public inspection, except that City shall not incur liability for its inadvertent disclosure of such infon-nation. 2. Contractor shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require. 3. All reports and records required under this or any other section shall be furnished at the sole expense of the Contractor. 4. A copy of each of Contractor's annual and other periodic public financial reports; or where Contractor is a subsidiary of a public corporation and other entities, as the City request, shall be submitted to the City within thirty (30) days after receipt of a request. 7. Failure to Report. The refusal failure or neglect of the Contractor to file any of the reports required, or the inclusion of any materially false or misleding statement or representation made knowingly by the Contractor in such report shall be deemed a material breach of the Franchise Agreement, and shall subject the Contractor to all remedies, legal or equitable; which are available to the City under the Franchise Agreement or otherwise. SECTION 18. ANNUAL REVIEW OF PERFORMANCE, QUALITY OF SERVICE, AND SYSTEM AND SERVICE REVIEW. A. At City's sole option, within ninety (90) calendar days of the first anniversary of the effective date of this Franchise Agreement, and each year thereafter throughout the term of the Franchise Agreement, City may hold a public hearing at which the Contractor shall be present and shall participate, to review the Contractor's performance and quality of service, refuse collection and recycling systems, and other services. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. B. Within thirty(30) calendar days after the conclusion of the public hearing; City may issue a report with respect to the adequacy of performance and quality of service: If any noncompliance with the franchise is found, City may direct Contractor to correct the inadequacies in accordance with Sections 12 and 13, above. 21 45 i C. Annually, or at any time after receiving notice from the City, the Contractor shall, within sixty(60) calendar days, submit a report to City indicating the following: D. All refuse collection, composting, and recycling services reported in refuse collection, and recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United Sti tes with comparable populations, that are not provided to City; and 1. Changes recommended to improve the City's ability to meet the goals of AB939 and any subsequent legislation: I Z. Any specific plans for provision of such new services by the Contractor, or a justification indicating why Contractor believes that such services are not feasible for the Franchise Area. 3. A report on the value of recyclables, the revenue obtained through the sale of recycables, and the expense of collecting and transporting the recycables i 4. The City and Contractor hereby acknowledge that the Contractor has based its residential rates in Exhibit "D" and its expectation of meeting AB939 goals, upon' the full participation of all residents in the refuse services described herein. The City and the Contractor agree to consider reasonable odifications to this Agreement in the event less than adequate participation is achieved. E. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, rights of privacy, amendments to the iFranchise Agreement, developments in the law, new initiatives for meeting or exceeding, AB939's goals and regulatory constraints. i i F. City and Contractor may each select additional topics for discussion at any systems and services review hearing. I G. Not later than sixty (60) days after the conclusion of each system and service review hearing, City shall issue a report. The report shall include a listing of any refuse collection„ and considered technically and economically feasible by City. City may require Contractor to provide such services within a reasonable time, for reasonable rates and compensation. i SECTION 19. COMPENSATION. A. Contractor Rates. Contractor shall provide the services described in this Franchise Algreement in accordance with the rates fixed by City from time to time', all as described as set forth in the Exhibit's D, E and F "Schedule of Rates", as those rates may be amended by Re Solution of City Council. i 22 4( B. Modification and Adiustment of Rates. Except as provided in Exhibit's "D, E, and F", the rates set forth in Exhibit's "D and E shall remain in effect until adjusted by City by Resolution of the City Council. C. Basis or Adjustment of Rates and Fees. Based on a finding that revenaues from sales of recyclables have been increased or decreased, upon sixty(60) days notice to Contractor of the proposed change in rates, City Council may adopt a resolution adjusting rates proportionate to the increased or decreased cost or sales of recycables. D. Notice of Rate Increases. The Contractor shall provide the City and Customers; written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase, which shall be approved by the City before distribution. E. Escalation of Rates (Commercial). The Contractor agrees that, after the introduction of the charge for the Franchise Fee, rates for Commercial customers shall not increase on an annual basis more than the Consumer Price Index as approved for other rate outlined in Exhibits D E and F. F. Resolution of Disputes Regarding Rate Adjustments. Any dispute regarding the Annual Rate Adjustment and Landfill Tipping Fee adjustment,'or the computation thereof, described in Exhibits D, E or or any other dispute regarding Contractor's reimbursement for fees, special services, or extraordinary costs described in Exhibits D, E, and F shall be decided by the City Manager, or referred by the Manager to the City Council, or the hearing officer, as appropriate. G. Billing and Payment. Contractor shall bill all customers for all services, whether regular or special. Contractor shall provide itemized bills in a form approved by City, distinctly showing charges for all classifications of services, including the charges for late payment. Billings shall be made quarterly'in advance, or as determined appropriate by the Contractor, for commercial and all bin service customers, and shall be made no less than quarterly, in advance for all customers. H. Delinquent Accounts. Notice shall be given to the property owner of record regarding the account and that any unpaid or delinquent bills may become a lien against the property.. I. Refunds. Contractor shall refund to each -customer; on a pro-rata basis, any advance service payments made by such customer for service not provided when service is properly terminated by the customer. J Recycling Rate Adjustment. The recycling rate includes the following cost and revenue factors: Collection, Transportation, Processing, Non-Recyclable Disposal, Community Education, State, County and City Reporting, and Recyclable Revenue Credits. 23 47 i I i K. Disposal Rate Adjustment. The disposal rate includes all costs above and beyond the!operator fee for.collection of solid waste including, but not limited to: Transportation, Landfill lipping Fees, and Regulatory Fees. Each individual cost factor shall be presented by the Contractor at the time of rate adjustment. The Contractor shall provide supporting documentation and calculations to support the presented cost factors. The City shall retain the right to have a comparative rate study prepared by the Contractor for a disposal facility or program different than the one utilized by the Contractor. The purpose of such rate study would be more beneficial to the City. The City may designate that the Contractor use an alternative facility or program. In any case, disposal rates shall be adjusted to frilly compensate Contractor for all disposal rate cost factors as pass-through costs. SECTION 20. COLLECTION EQUIPMENT. A. Contractor shall provide an adequate number of vehicles and equipment for the collection, transportation, recycling, and disposal of solid waste for which it is responsible under this Franchise Agreement. The equipment of Contractor used under this Franchise Agreement shall be subject to inspection by City on a semiannual (basis but shall not be subject to any permit fees therefor. I l. All vehicles used by Contractor under this Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair and shall be uniformly - painted. A sufficient supply of parts must be kept on hand to ensure timely and continuous fulfillment of this Franchise Agreement. 2. All bins and containers provided shall be kept in a reasonable condition and appearance. 3. Contractor has agreed to name the specific organization that shall�provide all of the services under this Franchise Agreement, "Burrtec Waste Industries, Inc."of California, Inc." This name shall be used for all correspondence, billing statements, directory listings, references, signs, vehicle identification, etc. i 4. Solid waste collection vehicles shall be washed at least once every seven (7) calendar days. 5. "Burrtec Waste Industries", a local or toll free telephone number.,and Vehicle number shall be visibly displayed on all vehicles in letters and Figures not less than five inches (5") high. i I I� I i I 24 48 SECTION 21. PUBLIC ACCESS TO CONTRACTOR. A. Office Hours. Contractor's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily, on all collection days. A representative of Contractor shall be available during office hours for communication with the public at Contractor's principal office. In the event that normal business problems cannot be rectified over the telephone, a representative of Contractor shall agree to meet with the public at a location agreeable to Contractor and the public. Normal office hours telephone numbers shall either be a local or toll free call. Contractor shall also maintain a local or toll free after hours telephone number for answering service available at said after-hours telephone number during all hours other than normal office hours. B. Service Complaints. (1) All Customer complaints shall be directed to Contractor. Contractor shall record all complaints received by mail, by telephone,,or in person (including date, name, address of complainant, and nature of complaint). Contractor agrees to use its best efforts to resolve all complaints by close of business (waste collection) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager or the Manager's designee. Unless a settlement satisfactory to complainant, 'the Contractor, and the Manager's designee is reached, the complainant may refer the matter to the City Manager for review. r (2) Contractor shall maintain records I isting the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Contractor to resolve the complaint. All such records shall be maintained and shall be available for inspection by City, as described in Section 26. Contractor shall prF-pare monthly summaries of consumer, complaints. The summaries shall be availp ble and delivered monthly to the City Manager or the City Manager's designated representative. ' C. Government Liaison Person. Tlie Contractor shall designate a "government liaison person" who shall be responsible for working with the City Manager or the City Manager's designated representative to resolve customer complaints. SECTION 22. CUSTOMER SERVICES. A. Suspension of Service: Customers may suspend service for a period of not less than one (1)'month without penalty. Requests for suspension for periods less than one (1) month will be subject to a fee of$10.00 per request. SECTION 23. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS. A. The Contractor shall notify customers of this complaint resolution procedure at the time 25 49 i customers apply for or are provided service. B. A customer dissatisfied with Contractor's decision regarding a complaint may ask the City to review the complaint. To obtain this review, the customer must request City review within 30 days of receipt of Contractor's response to the Complaint, or within 45 days of submitting the complaint to the Contractor, if the Contractor has failed to respond to the complaint. The City may extend the time to request its review for good cause. i Manager C. Before reviewing the complaint, the City shall refer it to the Contractor. it the Contractor fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and detennine if further action is warranted. The City!Manager may request written statements from the Contractor and customer, and/or oral presentations. j i i D. The City Manager shall detennine if the customer's complaint is unresolved; and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be llimited to a rebate of customer charges related to the period of breach. E. The City Manager may delegate these duties to a designee. The decision of the .City Manager or his designee shall be final on any matter under Five Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding Five Thousand Dollars ($5,000.00) or more, Contractor may seek review pursuant to Section 13, above. SECTION 24. OWNERSHIP OF SOLID WASTE. A. Once solid waste, compostables, recyclables, and construction debris are �laced in bins/roll-offs for collection, or containers at curbside, ownership shall transfer to Contractor, subject to the terns of this Franchise Agreement, by operation of law. Subject to Contractor's duty to meet the source reduction and recycling goals which apply to City, Contractor is hereby granted the right to retain, recycle, compost, dispose of, and otherwise use such refuse, compostables, recyclables, construction debris, or any part thereof, in any lawful fashion or for any lawful purpose desired by Contractor. Subject to the provisions of this Franchise Agreement, Contractor shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse; compostables, recyclables, green waste, and construction debris, or any part thereof, which is disposed of at a disposal site or sites (whether landfill; transformation facility, transfer station, or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by Contractor. At no time does City obtain any right of ownership or possession of solid waste pilaced for collection, and nothing in this Franchise .Agreement shall be construed as giving rise to any inference that City has such rights. Contractor shall conduct an annual rate !audit and recommend, if necessary, a rate adjustment, including a reduction in rates to reflect an increase in the value of recyclables. i Contractor acknowledges that the City may direct the location for disposal of solid waste. i i 26 SECTION 25. INDEMNIFICATION AND INSURANCE. - A. Indemnification of City. Contractor agrees that it shall protect, defend with counsel approved by City, indemnify, and hold harmless City, its officers, employees, and agents and at no cost to City, from and against any and all losses, liabilities, tines, penalties, claims, damages, liabilities, including attorney's fees; arising out of or resulting in any way from Contractor's exercise of this Franchise; unless such claim is due to the sole negligence or willful acts of the City, its officers, employees, agencies, or contractors, or from the City's grant of this Franchise to Contractor. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, the Contractor shall appear in and defend the City and its officers, employees, and agents in any claims or actions, whether judicial, administrative, or otherwise arising out of the exercise of the Franchise Agreement. This provision is in addition to all other provisions of this Agreement and is intended to apply to Contractor's actions during the term of this Agreement and survive the end of the term of this Agreement. B. Indemnification of Contractor. The City shall indemnify, defend and hold the Contractor, its affiliates and their respective officers, directors, employees, and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, judgments, costs, and expenses (including reasonable attorney's fees) arising from or in any manner related to the sole negligence or willful acts of the City, its officers, employees, agents; or contractors. Subject to the scope of this indemnification and upon demand of the Contractor, made by and through its attorney, the City shall appear in and defend the Contractor and its officers, employees; and agents in any claims or actions whether judicial, administrative, or otherwise arising out of the exercise of the Franchise .Agreement. C. Household Hazardous Substances Indemnification. Except with respect to disposal facilities selected by the City pursuant to Section 24; Contractor shall indemnify, defend with counsel approved by City, protect and hold harmless City, its officers, employees, agents, assignees, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages); natural resources damage, punitive damages, injuries, costs, response, re-mediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents, or Contractors arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan household hazardous substance or household hazardous wastes at any place where Contractor stores or disposes of municipal solid waste or construction debris pursuant to this Franchise Agreement. The foregoing indemnity is untended to operate as an agreement pursuant to Section 107 (e) of he Comprehensive 27 51 i i I Environmental Response, Compensation and Liability Act, "CERCLA", 421 U.S.C. Section 9607 (e) and California Health and Safety Code Section 5364, to insure,; protect, hold harmless, and indemnify City from liability. This provision is in addition to 'all other provisions of this Agreement and is intended to apply to Contractor's actions during the term of this Agreement and survive the end of the term of this Agreement. I D. AB939 Indemnification. Contractor agrees to protect, defend, with counsel approved by the City, and indemnify City against all fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB939 are not met by City with respect to the waste stream covered by this Franchise Agreement, or Contractor's delays in providing information prevent City from submitting. reports required by AB939 in a timely manner. Contractor further agrees to appear and represent the City in any appeals proceedings and/or litigation brought against City for alleged failure to comply with AB939. One year prior to each compliance reporting date pursuant to AB939, or at any time prior to the reporting date within that one year period, if in the opinion of the City, based upon information provided by the Contractor and the State of California, the City is not reasonably convinced that the Contractor will be in non-compliance, the City may require Contractor to provide a performance bond in the amount of FIVE HUNDRED - THOUSAND DOLLARS ($500,000.00) until such time as compliance is attained. E. Worker's Compensation Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full Worker's Compensation Insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City. Clerk throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to provide that the insurance shall not- be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested; has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents, or Contractors for losses which arise from work performed by the persons insured for the City. i F. Public Liability Insurance. The limits of such insurance coverage, and companiels, if any, shall be subject to review. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement a Broad Form Comprehensive General Liability(occurrence) policy with a minimum limit of FOUR MILLION! DOLLARS ($4,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding TWO HUNDRED THOUSAND DOLLARS ($200,000.00) per occurrence. Said insurance shall protect Contractor and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may anse from operations performed pursuant to this Franchise Agreement, whether such operations be by Contractor itself, or by its agents; employees, and/or sub-contractors. i 28 SZ Copies of the endorsements evidencing the above required insurance coverage shall be tiled with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (1) "The City, its employees, agents, Contractors, and officers, are hereby added as insureds as respects liability arising out of activities performed by or on behalf of Contractor." _ (2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self- insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it:" (3) "This insurance shall act for each insured, as though a separate policy had been written for each. This, however, shall not act to increase the limit of liability of the insuring company." (4) "Thirty(30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits, or non-renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as an additional insured on all policies and endorsements. The requirements of this section may be satisfied in whole or in part by Contractor's self-insurance program. G. Modification. The insurance requirements provided herein may be modified or waived in writings by the City Council upon the request of Contractor, or in the sole discretion of the City provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including acceptable amount. SECTION 26. CONTRACTOR'S BOOKS AND RECORDS: AUDITS. A. Contractor shall maintain in auditable form all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, accounts receivable records, maps, AB939 compliance records, and customer complaints, for the full term of this Franchise Agreement, and an additional period of not less than three (3) years, or any longer period required by law or by the City. The City shall have the right, Upon rive (5) business days advance notice, to inspect all maps, AB939 compliance records, customer complaints, and other like materials of the Contractor which reasonably relate to Contractor's compliance with the provisions of the Franchise agreement. Such 29 53 i records shall be made available to City at Contractors regular place of business,.;but in no event outside the County of San Bernardino. i B. Should any examination or audit of Contractor's records reveal an underpayment of any fee required under this Franchise Agreement, the amount of such underpayment of any fee required under this Franchise Agreement, the amount of such underpayment shall become due and payable to City with interest at the legal rate of seven percent;(7%) not later than fifteen (15) days after written notice of such underpayment is sent to Contractor by City. Should any underpayment of more than three percent (3%) be discovered, - Contractor shall bear the entire cost of the audit. I SECTION 27. GENERAL PROVISIONS. i I A. Force Majeure. Contractor shall not be in default under this Franchise Agreement in the event that the temporary bin/roll-off services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris provided by the Contractor are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes; landslides, and fires, strikes, lockouts, and other labor disturbances or other catastrophic events which are beyond the reasonable control of Contracior. Other catastrophic events do not include the financial inability of the Contractor to perform or failure of the Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Contractor: In the event a labor disturbance interrupts temporary bin/roll-off services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris by Contractor as required under this Agreement. B. Independent Contractor. Contractor is an independent contractor and not an officer, agent, servant, or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors, and subcontractors, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractor nor its officers, employees, agents, or subcontractors shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Contractor shall be responsible for any damage, due to Contractor's negligence, to City's driving surfaces or other City property, whether or not paved, resulting from overweight vehicles providing refuse collection and temporary bii/roll-off services directly attributable and at the location of bins, roll-.offs, and containers on public or private property. D. Property Dama e. Any physical damage to public or private property, or .other City property caused by the negligent or willful acts or omissions of Contractor, its ei�nployees, sgents, or sub-contractors shall be repaired or replaced by Contractor. i I I I 30 � 5� E. Right of Entry. Contractor shall have the right, until receipt of written notice revoking permission to pass is delivered to Contractor, to enter or drive on any public or private street, court, place, casement, or other private property necessary for the purpose of providing temporary bin/roll-off services and the collection; transportation, recycling, composting, and disposal of solid waste and construction debris pursuant to this Franchise Agreement. F. Law to Govern: Venue. The law of the State of California shall govern this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in U.S. District Court, exclusive venue shall lie in the Central District of California. G. Fees and Gratuities. Contractor shall not, nor may it permit any agent, employee, or sub- contractor to request, solicit, or demand either directly or indirectly, any compensation or gratuity for temporary bin/roll-off services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris except as otherwise required under this Franchise Agreement. H. Prior .Agreement and Amendment. This Franchise Agreement is intended to carry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, (AB939) as it from time to time may waste management csvary trceguianons), as tney rrom time to time may be amended. In the event that AB939 or other State or Federal laws or regulations enacted after this Franchise has been enacted, prevent or preclude compliance with one or more provisions of this Franchise Agreement; such provisions of the Franchise shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. Except as otherwise provided herein, no other amendment of this Franchise Agreement shall be valid unless in writing duly executed by the parties. Any modifications as provided by Section 19: Compliance with Franchise Agreement. Contractor shall comply with those provisions of the San Bernardino County Code as adopted by the City of Grand Terrace, as well as any ordinances, resolutions or regulations enacted by the City of Grand Terrace which are applicable and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. J. Notices. All notices required or permitted to be given under this Franchise shall be in writing and shall be personally delivered or sent by telecopier (fax), or United States Certified Mail; postage prepaid, return receipt requested, and addressed as follows: To City: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 .Attn: City Manager Fax: (909) 783-7629 31 55 i To Contractor: Burrtec Waste Industries, Inc. i 9890 Cherry Avenue Fontana, California 92335 Fax: (909) 429-4290 or to such other addresses as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States Mail. - K. Savings Clause and Entirely. If any non-material provision of this Franchise Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or un- enforceability of such provision shall not affect the validity and enforceability of any of the remaining provision of the Franchise Agreement. If any material provision of this Franchise Agreement shall be held to be invalid or unenforceable, the entire Franchise Agreement may be declared by either party the date of this Agreement. L. Exhibits Incorporated. Exhibits "A" through"P are attached to and incorporatedl into this Franchise Agreement by reference. i M. Identification Required. Contractor shall provide its employees, and sub-contractors with identification for all individuals who may make personal contact with residents of the City. The Contractor shall provide a list of current employees, Contractors and sub- contractors, to the City upon request. The City may require the Contractor to notify customers yearly of the form of said identification. (1) Contractor shall provie its employees, sub-contractors with identification for all individuals who make personal contact with residents of the City. j (2) The Contractor shall provide a list of current employees, Contractors and sub- contractors, to the City upon request. The City may require the Contractor to notify customers yeraly of the form of said identification. IN WITNESS WHEREOF: The parties hereto, on th6"ciay�nd year first writteniabove, have executed this Agreement. /Bu a Jnd " ries, Inc. B . �I City of Grand Terrace City of Grand Terrace BY: By f Its: City Manager Its: Mayor., i 32 51 APPROVED AS TO FORM: City Attorney 1� (t i 33 57 i I I EXHIBIT A FRANCHISE ARF,A i All portions of the City shown on the existing Official Map of the City of Grand Terrace Corporate Limits on file at the City of Grand Terrace or as subsequently modified by future annexations. i I �I i I i I I i I i 5t EXHIBIT B SPECIAL WASTES Flammable waste. Containerized waste (e.g. drum, barrel, portable tank, box, pail, etc.). Waste Transported in a bulk tanker. Liquid Waste. Sewage sludge: Waste from a pollution control process an&or industrial process. Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes. Contaminated soil, waste, residue, debris, and articles from the cleanup of a, site or facility Formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes. �J Dead animals and/or slaughterhouse waste. Manure. Waste water. Explosive substances. Radioactive Materials. Hazardous Materials as defined by state and federal law. Friable and/or nonfriable asbestos waste: Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides. Waste which is prohibited from disposal at a Class III Landfill. Waste which has been rejected from disposal at a landfill. 59 i EXHIBIT C RECYCLING PROGRAMS SERVICE COMMENCEMENT AB939TOPICS, AND FACILITY CONSIDERATIONS A. Contractor guarantees to City that it shall cause at least twenty-five percent (25%) at the time specified by AB939 and subsequently fifty percent (50%) of he waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills in accordance with the regulations implementing the California Integrated Waste Management Act of 1989 (as amended) (also known as AB939). Contractor shall - implement alternatives identified in the City's Source Redaction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE). Contractor shall be responsible to implement the public education and awareness portions of the SRRE and HHWE, at Contractor's expense. Contractor shall provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Management Board and to the County of San Bernardino throughout the term of this Franchise wherein its performance under this program is set forth in detail. i B. Upon commencement of the Franchise Agreement, Contractor shall commence regular refuse service to all residential, dwelling units and commercial establishments within the City as set forth in Section 5. The residential refuse service shall include the pick up of recyclable materials and green waste. The operator shall furnish one container for recyclables of 96 gallon size to each residential customer who desires to participate in the curbside recycling program. Contractor shall replace and repair container as may be necessary as a result of normal wear and tear. The Contractor shall be permitted to bill all customers according to the rates set forth in Schedule °D": at the beginning of said month. In the event a residential customer has not then received a recycling container, the recycling charge included in the rate shall be postponed until the first month after delivery of the container. i D. The franchise fee as defined in Section 10 shall apply to all residential operator pickup fees shall be included for franchise fee computation purposes. E. Contractor shall implement a mechanized residential container system. Mechanized shall mean that Contractor shall provide collector tricks that are capable of picking Lip containers, emptying them into the collector truck, and then returning them to the curbside without any human handling of the container. F. The failure of Contractor to achieve any of the above shall be deemed a material breach of this Franchise Agreement. i i 6G EXHIBIT D SINGLE FAMILY RESIDENTIAL REVISED SCHEDULE OF RATES 68-Gallon Container: Rate Contractor's Pick Up Fee $10.80 Street Sweeping/Community Fund $ .92 Landfill Charge $2.52 (0.8561 tons per home per year at $35.38 per ton) Green Waste Charge $1.78 Recycling Charge $2.02 Franchise Fee $2.59 Household Hazardous Waste Fee $0.20 Fuel $ .19 Total Rate $21.02 96-Gallon Container: Contractor's Pick Up Fee $10.80 Street Sweeping/Community Fund $ .92 Landfill Charge $ 3.75 (1.272 tons per home per year at $35.38 per ton) Green Waste Charge $ 1.78 Recycling Charge $ 2.02 Franchise Fee $ 2 7 g Hazardous Waste Fee $ 0.70 Fuel $ 19 Total Rate $22.44 61 i I I 2. MULTI-FAMILY SERVICE RATE: Bin service rates for multi-family units shall be the same as adopted for commercial bin service. 3. ADDITIONAL SPECIAL SERVICE RATES. j A. "On Demand" appliance and bulky item pickup at ground level - first item $'4S.OU and $15.00 for each additional item. B. All persons qualifying as handicapped by the City shall be entitled to free carryolut service to the collection vehicle. The operator may charge for such carryout service forrany other customer who requests it at the rate of$12.00 per month. j C. Special enclosure cleanup service as described above, shall be charged at the rate of $45.00 per hour, portal to portal. Special cleanup service by pickup truck regIuested by any customer shall be charged at $45.00 per hour plus any applicable landfill:fees. If a compactor refuse truck is necessary, the charge shall be $45.00 per hour plus any applicable landfill fees. I Individuals shall be entitled to a reasonable discount of the operators service pickup fee in accordance with the Ordinance. Contractor may, at its discretion, offer low income customers the same discount offered by Southern California Edison. Exemption from mandatory service shall be in accordance with the Ordinance. Contractor may, at its discretion, credit the landfill component of the monthly bill for customers who are on vacation for at least 30 consecutive days. Contractor may, at its discretion, charge no monthly rate for a home that is uninhabited and receives no service. Contractor may require property owners to sign a "Vacancy Certificate" at least every six months. If Contractor's field audit discovers that a house certified to be vacant, is inhabited, Contractor may retroactively charge the property owner to the date of the; Vacancy Certificate. A "Service Change" fee in the amount of $20.00 may be charged each time a,customer changes to a different service level. The operator will select one calendar month per year, during which month, "Service-Change" fees will be waived for any customer requesting a change in their service level. Customers will be notified by operator regarding the availability of this change option. i f i 6 4. ANNUAL ADJUSTMENT OF RATES. As of July 15' of each year, the above refuse rates shall be adjusted as follows: The landfill fee portion of each rate designatea anove snail De aajusiea in accordance with an increase or decrease percentage to correspond with any increase or decrease percentage in the landfill fee charged by the County of San Bernardino. The contractor's pickup fee designated above shall be adjusted in accordance with the San Bernardino County refuse rate adjustment policy. Any adjustment in excess of 5% shall be subject to approval by the City Council before implementation by the operator. If the San Bernardino County refuse rate adjustment policy is hereafter discontinued or significantly amended, the operator's pickup fees shall be adjusted by 90% -of the annual change in successive indexes as of the month of March, per-the "Consumer Price Index, Los Angeles-Anaheim (unadjusted), All Urban Consumers, All Items" as published by the Bureau of Labor Statistics. 5. EXTRAORDINARY ADJUSTMENT OF RATES. Subject to the approval of City Council, the operator may request special rate adjustments in the event its operating conditions significantly change, i.e., the County of San Bernardino or the City directs the operator to a different landfill, there is a change in State or Federal laws applicable to the operators refuse business, or there is a significant change in the County's collection of tipping fees and fees to operate the Household Hazardous Waste program. 6. SCHEDULE OF FRANCHISE FEES. Beginning June 1, 1998 Contractor shall pay a Franchise Fee of 12.5% of gross revenues for Residential business, minus the Household Hazardous Waste fee. The Franchise Fee for Residential business shall be 15% of gross revenues beginning July 1, 1999. This adjustment will result in a corresponding rate adjustment. 7. NON-PAYMENT. Contractor reserves the right to stop service after the customer is 60 days late or longer. Contractor will then have the option to confiscate the container. Reinstatement of the account along with delivery of the container will be $10.00. 63 i EXHIBIT E SPECIAL SERVICES AND RATES CITY OF GRAND TERRACE i i 1. SINGLE FAMILY RESIDENTIAL SERVICE: i Single family residential rates shall be as approved and modified by the City Council and outline in Exhibit "D" of the Agreement Between the City of Grand Terrace and USA - Waste of California, Inc. for the Provision of Integrated Waste Management Services". The Base Service Level for single-family residential households shall be a separate container(cart) for each of the following services:. Refuse Recycling Green Waste ie ditional carts are available for the following rates: a maximum of three 3 additional carts er servicefuse: $ 7.29 er month er cart cycling: $ 2.03 per month er cart Green Waste: $ 2.03 per month per cart Exchanges in excess of one time per year: $1.5.63 per container Back yard/Side yard collection: $12.50/month No charge for elderly or disabled On-call Curbside Bulky Item Pick-Up: $26.05 per item, $15.63 each additional (this is separate from the one free annual residential clean-up at the curbside) Temporary Bin Service: (tip to 5 days) $52.10 (includes one dump upon removal of the bin) Set Up Fee $ 9.00/account Scout Collection: 1.5 times the regular residential rate (this service would be needed for residential properties when a regular collection vehicle could not collect at the curbside and a special small vehicle would be needed due to accessibility of collection) j ?. COMMERCIAL BIN SERVICE All commercial bin customers shall be charged monthly rates as outlined in Exhibit "F",;attached. Collection service shall be at a minimum of one time per week and more often to satisfvii the demand of waste generated on the site. i i i tia Rates for commercial service have two components: Service and Disposal The Service component includes the container on-site and the actual labor to collect and haul to the landfill. The Disposal component is the actual pass-through cost of disposing refuse at the landfill. This component shall initially be based upon 110 pounds per cubic yard and shall be subject to annul review when compared to the actual collection data. t ; Both of these components shall include the appropriate franchise fee for the City of Grand Terrace. Unscheduled Extra Bin Dumps while on site $36.47 separate trip $52.10 3 Cubic Yard Temporary Bin(up to 5 days) $52.10 (one dump at collection) Commercial Can Service: Optional service only and subject to contractor approval. Basic service for commercial and industrial properties shall be Bin Service as outlined in the attached Exhibit "F". In special cases where there is either not appropriate space on site-or with neighboring businesses for the placement of commercial bins, the Contractor may allow Commercial Can Service to satisfy the requirement of refuse removal service. This may also be allowed if it is demonstrated that the commercial business produces a very small amount of refuse and that the smallest commercial bin would be inappropriate. Said Commercial Can service shall be collected via a typical 96-gallon residential type container (one for refuse and one for recycling) and shall be placed at the curbside by the commercial business on collection day. Extra containers shall be available at the established residential rate, up to a maximum of three (3) refuse and three recycling containers. Commercial Can Monthly Rate $31.21/month Bin Exchange in Excess of one time per year: $61.48 Lost or Stolen Bin: S521.00 Burned Bin: S291.76 Bin Repair: (other than normal wear and tear) actual cost of repair Overage Fee *: S35.00.-bin 65 Set-Um Fee: $12.00/account Locking Lids: $12.50 per month, multiplied by the number of collections/week I Replacement Lock: $26.05 Replacement Key: $5.21 I Commercial Bin Push Charges: (montly per container) DismountDistance0-25' 1/weekU /week0 3/week0 I i 26'-50' 7.2-9 14.59 21.88 51'-75' 9:38 18.76 28.13 76'-100' 10.42 20.84 31.26 101'-125' 11.46 22.92 34.39 126-150' 12.50 25.00 37.51 151'-175' 13.55 27.09 40.64 176'-200' 14.59 29.18 43.76 Over 200' 115.63 31.26 6.89 Commercial Bin Recycling Rates: The same as the established bin rates as outlined in Exhibit "F", less the landfill disposal component of the rate. i Commercial and Industrial Bulky Item Service: i i 1 to 3 items $26.05 for the first item and $15.63 for each additional item over 3 items Quoted and contracted by USA Waste Services Commercial Bin Compaction Charges: The monthly rate for compacted refuse shall be the landfill component of the adopted standard bin rate (Exhibit "F") times 3. Ancillary bin services shall also be multiplied by 3 for compacted bin service: 3. ROLL-OFF BIN SERVICE The contractor shall charge a service rate (haul charge) and a landfill rate (tipping fee) based upon the following: �I i i Service Rate for 10-40 cubic yard containers: $199.74 Service Rate for Compactor type containers: $223.22 Landfill Rate: $ 40.69/ton (includes $35.38 per ton tipping fee and 15% City Franchise fees) Additional Roll-off Charges: Delivery: $69.30 Extra Trim 69.30 Relocation: $69.30 Set-Li Fee: $ 12.00/account Fuel Surcharge Component **. $ 3.65 per haul r - , 67 i I EXHIBIT F j CITY OF GRAND TERRACE I MONTHLY COMMERCIAL BIN COLLECTION RATES OF JULY 2007 WITH DISPOSAL INCREASE 81N SIZE- 2CUBIC 3 CUBIC 4 CUBIC YARD 6 CUBIC 3 CUBIC YAR, YARD YARD YARD TEMPORARY i CONSTRUCTION 'UMBER OF COLLECTIONS PER WEEK 1 74.08 $ 112.09 $ 148.26 214.42 i $61.09 2 $153.03 5 209.47 $ 281.62 $ 413.71 $ 122.17 $ 37.10 $ 21-63 $ 430.00 $ 628.71 $ 183.26 $321.18 $ 43349 $ 578,37 842.55 $ 244.35 5 $ 04.67 $ 545,93 $ 728.75 $ 1,056.96 $ 305.44 6 $489.04 $ 657.79 873.96 1,271.38 $- I I I i I i I I I i I RESOLUTION NO. 2007-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, GRANTING A TRANSFER OF THE EXCLUSIVE SOLID 'WASTE FRANCHISE FROM USA WASTE OF CALIFORNIA DBA WASTE MANAGEMENT OF THE INLAND EMPIRE TO BURRTEC WASTE INDUSTRIES, INC. i� WHEREAS, Pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Grand Terrace has determined that the public health, safety and well being require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting of solid waste in the City of Grand Terrace; and WHEREAS, the City granted an exclusive franchise to USA Waste of California DBA Waste Management of the Inland Empire and executed a Franchise Agreement in July, 1997 for the collection of waste within the corporate limits of the City; and WHEREAS,USA Waste of California DBA Waste Management of the Inland Empire has requested a transfer of this Franchise Agreement to Burrtec Waste Industries, Inc. for the duration of the Franchise; and WHEREAS, in March 2002 a Franchise Amendment was executed which amended the Ordinance to extend the contract term to a 6 year agreement with automatic renewal; and WHEREAS, the City has reviewed the qualification of Burrtec Waste Industries, Inc. and have determined that they are a refuse company qualified to assume the obligation outlined in the Franchise Agreement; and WHEREAS, Burtec Waste Industries, Inc. has acknowledged and accepted the teens outlined in the Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: SECTION I: Grants the transfer of the Residential Solid Waste Franchise from USA Waste of California DBA Waste Management of the Inland Empire to Burrtec Waste Industries,Inc. A revised Franchise Agreement naming Burrtec Waste Industries, Inc. as the Franchisee will be executed by the City. PASSED. APPROVED, AND ADOPTED this 12`h day of June, 2007 69 RESOLUTION NO. 2007- 10 t . Page 2 ATTEST: City Clerk of the City of Grand Terrace Mayor o e City of Grand Terrace Terrace and of the City Council thereof and of the City Council thereof I BRENDA MESA, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12`h day of June, 2007 by the following vote: AYES: Councilmembers Cortes, Miller, and Buchanan; Mayopr Pro Tem Garcia and Mayor Ferre NOES: None ABSENT: None ABSTAIN: None Approved as to form: City Attomey City Clerk 3 i i i I I i i W SECOND AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND BURRTEC WASTE INDUSTRIES INC. FOR THE PROVISION OF ( INTEGRATED WASTE MANAGEMENT SERVICES This Second Amendment to the Franchise Agreement for Integrated Waste Management Services ("Amendment") is made and entered into this 10t' day of November, by and between the CITY OF GRAND TERRACE ("City") and Burrtec Waste Industries Inc., for Integrated Waste Management Services, including collection_, transportation, recycling, composting, and disposal of solid waste, recyclable solid waste, and construction debris and for providing temporary bin/roll off services for all commercial and industrial and residential premises within the City of'Grand Terrace. Section 5. SERVICES PROVIDED BY CONTRACTOR The following shall be added to the existing SERVICES PROVIDED BY CONTRACTOR language(C.Additional Services). (11)Illegally Dumped Materials.Contractor shall collect materials illegally dumped in the public right of way along the City's main streets and thoroughfares at no additional cost to the City. Section 8. FRANCHISE TERM. The following shall replace the existing 6-year FRANCHISE TERM language: A. The term of this agreement shall be for a period of ten(10)years and shall commence on December 1,2009 and end on November 30,2019. B. On December 1,2010 and on December I'of each subsequent year,the term of this Agreement shall be automatically extended for an additional year ("automatic renewal")so that the term of the Agreement shall remain at a minimum of ten(10)years. Should either party wish to terminate the"automatic renewal",such party shall give the other party written notice to that effect at least ninty(90)days prior to December 1',of any year. Such notice shall terminate the"automatic renewal"provisions and the Agreement shall remain in effect only for the ten(10)year balance term. 71 Section 10. FRANCHISE FEE The following shall be added to the existing FRANCHISE FEE language: 2. Beginning December 1, 2009 Contractor shall pay City a Pavement Impact Fee of 5%of the service fee for all Residential,Commercial and Industrial business. Section 20. COLLECTION EQUIPMENT The following shall be added to the existing COLLECTION EQUIPMENT language. 6. By or before July 1, 2010, all of Contractor's routed collection vehicles used in the performance of this Agreement shall be Alternative Fuel Vehicles,defined as vehicles which operate on compressed natural gas ("CNG") or liquefied natural gas ("LNG"). Contractor shall be permitted to operate non-alternative fuel vehicles for periods not to exceed (30) calendar .days under the following circumstances: (1) as back-up for regular route vehicles when such vehicles are out of service for repair or maintenance; (2)to supplement the regular collection vehicles for special programs such as community clean-up days; or (3) in an emergency situation. 7. By or before July 1, 2610, all of Contractor's residential containers (automated barrels) used in the performance of this Agreement which have not been previously exchanged shall be exchanged for new containers. Containers shall be uniform in size and provided in different colors for different materials ( i}Black containers for Solid Waste; ( ii ) Blue containers for Recyclable Materials; and iii)Green containers for Green Waste. I i 72 (Adopted June 16, 2000) (Amended June 7, 2002)(Amended June 6,2003) RULE 1193. CLEAN ON-ROAD RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION VEHICLES ( (a) Purpose For solid waste collection fleets operating in the South Coast Air Quality Management District (District), this rule requires public and private solid waste collection fleet operators to acquire alternative-fuel refuse collection heavy-duty vehicles when procuring or leasing these vehicles to reduce air toxic and criteria pollutant emissions. (b) Applicability This rule applies to government agencies and private entities that operate solid waste collection fleets with 15 or more solid waste collection vehicles. This rule shall not apply to vehicles or services pursuant to paragraph (e). (c) Definitions For purposes of this rule, the following definitions shall apply: (1) ALTERNATIVE-FUEL HEAVY-DUTY VEHICLE means a heavy-duty vehicle or engine that uses compressed or liquefied natural gas, liquefied petroleum gas, methanol, electricity, fuel cells, or other advanced technologies that do not rely on diesel fuel. (2) APPROVED CONTROL DEVICE(s) is an exhaust control device(s) that is verified or certified by CARE to reduce particulate matter and possibly other precursor emissions. ,For the purposes of this rule, a new heavy-duty vehicle equipped with approved control devices means that the engine family has been certified by CARB. A pre-owned heavy-duty vehicle equipped with approved control devices means that the device has been verified or certified by CARE. To be considered fitted with an approved control device(s), all diesel exhaust from the vehicle must be vented through such a device(s) that has been fitted at the time of vehicle purchase or fitted by a certified device installer at the time the device is delivered to the operator. 1193-1 73 Rule 1193 (Cont.) (Amended June 6,2003) 1 (3) DUAL-FUEL HEAVY-DUTY VEHICLE means a heavy-duty vehicle equipped with a diesel engine that uses an- alternative fuel (such as compressed or liquefied natural gas, liquefied petroleum gas, methanol, or other advanced technologies) in combination with diesel fuel to enable compression ignition. A dual-fuel engine typically uses the alternative fuel to supply 85 percent of the total engine fuel requirement on a BTU basis. A dual-fuel engine must be certified by CARB to meet an applicable optional nitrogen oxide or combined nitrogen oxide plus no, - methane hydrocarbons exhaust emission standard and be fitted with an approved control device that achieves a particulate matter emissions reduction level no less than the particulate matter emissions reduction level achieved by the latest CARB verified or certified particulate matter control device for the applicable engine family operating entirely on diesel fuel. (4) HEAVY-DUTY VEHICLE means any vehicle having a gross vehicle weight of at least 14,000 pounds. (5) PILOT IGNITION HEAVY-DUTY VEHICLE means a heavy-duty vehicle equipped with an engine designed to operate using an alternative fuel as defined in paragraph (c)(1), except that diesel fuel is used for pilot ignition at an average ratio of no more than one part diesel fuel to ten par s total fuel on an energy equivalent basis. The engine shall not operate or idle solely on diesel fuel at any time. (6) PUBLIC OR PRIVATE SOLID WASTE COLLECTION FLEET OPERATOR is a person who owns, leases,or operates substantially in the District, solid waste collection, rolloff, or transfer vehicles. A person isl a federal, state, county, or city government department or agency; special district such as a sanitation or water district; individual firm; limiteld liability company; association; partnership; corporation or any other entry that collects, transports, or transfers solid waste, yard waste, or recyclable materials. (7) ROLLOFF VEHICLE means any heavy-duty vehicle used for the express purpose of transporting waste containers such as open boxes ur compactors. (8) SOLID WASTE means all putrescible and nonputrescible solid, and semisolid wastes, including garbage, trash, refuse, paper, rubbish, as s, industrial wastes, demolition and construction wastes, abandoned vehicles 1193-2 i 70 Rule 1193 (Cont.) (Amended June 6,2003) and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste, radioactive waste, or medical waste as defined in Section 40191(b) of the Public Resources Code. (9) SOLID WASTE COLLECTION VEHICLE means any heavy-duty vehicle used for the express purpose of collecting solid waste, yard waste, or recyclable materials from residential or commercial establishments. A solid waste collection vehicle is a vehicle having the capability to collect solid waste using, either manual or automated, front, side or rear loaders and generally operates on fixed routes. (10) TRANSFER VEHICLE means any heavy-duty vehicle used for the express purpose of transferring solid waste. A transfer vehicle is usually a tractor/trailer combination where the trailer is loaded at a processing or transfer station. (11) VEHICLE means any self-propelled, motorized device that is permitted to operate on public roads through Department of Motor Vehicle registration or the federal government. �J (d) Fleet Requirements (1) Beginning July 1, 2001, for public and private solid waste collection fleet operators of 50 or more solid waste collection vehicles; and beginning July 1, 2002, for public and private solid waste collection fleet operators of 15 or more solid waste collection vehicles, or a combined total of 15 or more rolloff, transfer,or solid waste collection vehicles, all additions to an existing fleet, or formation of a new fleet, of solid waste collection vehicles shall be by purchase or lease of: (A) alternative-fuel or pilot ignition heavy-duty vehicles when adding or replacing solid waste collection vehicles to their vehicle fleet; or (B) Prior to July 1, 2004, dual-fuel heavy-duty vehicles when adding or replacing solid waste collection vehicles. (2) Beginning July 1, 2001, for public and private solid waste collection fleet operators with a combined total of 15 or more transfer or rolloff vehicles, all additions to an existing fleet, or formation of a new fleet, of transfer or rolloff vehicles shall be by purchase or lease of alternative-fuel, pilot 1193-3 75 Rule 1193 (Cont.) (Amended June 6,20031 ignition, or dual-fuel heavy-duty vehicles when adding or replacing transfer or rolloff vehicles. (e) Exemptions The provisions of this rule shall not apply to the following: (1) No more than ten evaluation/test vehicles per fleet, provided by or operated by vehicle manufacturer for testing or evaluation, exclusively. (2) Heavy-duty vehicles not used for the express purpose of collecting solid ` waste from residential or commercial establishments or transferring of solid waste from a waste transfer station to a landfill. (3) Upon demonstration to the Executive Officer, any solid waste collection vehicles as required pursuant to paragraph (d) for which no alternativi- fuel engine and chassis configuration is available commercially or could be used. (4) Any vehicle added to or replacing a vehicle in an existing fleet after th i e applicable implementation date of this rule,,as specified in subdivision(d), as long as the purchase contract for acquisition of such vehicle is signe before the date of adoption of this rule. This exemption does not apply to the execution of options to acquire vehicles where the option is executid - after the date of adoption of this rule and where vehicle delivery does not occur until after the applicable implementation date as specified in subdivision(d). (5) Persons subject to this rule who are unable to comply may apply for a variance with the SCAQMD Hearing Board. (See SCAQMD Regulation V and California Health and Safety Code Sections 42350 through 42372 for information regarding variances.) (6) Upon demonstration to the Executive Officer that all existing solid waste collection vehicles equipped with 1995 and subsequent model year diesel engines in the fleet, have been equipped with approved control devices, a fleet operator may purchase dual-fuel or vehicles pursuant o subparagraph(d)(1)(B) until July 1, 2005. (� Compliance Auditing and Enforcement (l) The fleet operator shall provide at the request of the District any files and/or records created to comply with subdivision (d) including fle et- specific information, such as a list of official DMV registrations, 1193-4 i 7F Rule 1193 (Cont.) (Amended June 6,2003) manufacturer, model-year, model, engine family number, fuel type, and fuel usage of each fleet vehicle. The fleet operator shall keep all required records for a minimum of two years. (2) Any fleet operator seeking an exemption under subdivision (e) shall supply proof that their vehicle or fleet is exempted from this rule when requested by the District. (3) No later than July 1, 2001, any fleet operator with 15 or more, but fewer y than 50 vehicles subject to paragraph (d)(1) shall submit a letter to the Executive Officer outlining the intended source of alternative fuel to be used for compliance purposes. (g) Severability If any provision of this rule is held by judicial order to be invalid, or invalid or inapplicable to any person or circumstance, such order shall not affect the validity of the remainder of this rule, or the validity or applicability of such provision to other persons or circumstances. In the event any of the exceptions to this rule is held by judicial order to be invalid, the persons or circumstances covered by the exception shall instead be required to comply with the remainder of this rule. 1193-5 77 Fact Sheet, July 2008 Managing Universal Waste in Department of � C a l i f o rn i s Toxic Substances Control s Rules for Managing Some Common Wastes _ provla gthe 'This fact sheet explains California's"Universal Waste Rule" -a set of regulations that simplify how we can manage some very common hazardous wastes. hioest level of What are universal wastes? safety, Common examples of Universal Wastes include Televisions, Computers. Computer protecting Monitors, Batteries, and Fluorescent Lamps. Universal wastes are hazardous upon dye heal& disposal but pose a lower risk to people and the environment than other hazardous wastes. State and Federal regulations identify which unwanted products are universal and the wastes and provide simple rules for handling and recycling of them. These regula- environment tions are found in the California Code of Regulations, title 22, division 4.5. chapter 1-3 (all citations in this fact sheet refer to the California Code of Regulations, title 22. from toieharm division-4.5. unless otherwise indicated.) Universal wastes are generated by a wide variety of people and businesses. The uni- versal waste rule allows people to handle and transport universal �%aSte under a sirn- pie set of rules that are appropriate for the risks posed by the wastes but still protect 4 people and the environment. , R In general. the person who decides to discard something is responsible for determin- ing if it is a hazardous waste based on the following four characteristics. r The Four t-'haracrensrics of Haztrdons Waste 1. To�tcir}ipoisouous► '_ Reatmtn .�ueplodel 3 ['_Rutal;iln�c ait;ar,It fire t -I' Cl.)iiosivih'(ati,i( of ,Ikahne-. at t•ntse btuusi State of Caiifomla M' 7_!llt'al ;1 \�.:�.cfe5 r t.• c• li -a '' 117 •Ltj%v,?i ask rlt-mi ;Ater lt:,z>u.l•)rts I I)1_ 1 ..i•IA i IL 7vR- .}',Pll':1J •� 2.itS� ,,.: r :1 •_) •'t+,••,�r,a.e tll ' t •-j.11� � :-� 4' 3•:. '•`�%E California "h° 'Y _7 Environmental ' i< " F; <.-�,q"• o• -y1 Protection Agency 7^ What items are designated as 7. .Mercury switches. Two different types of' universal wastes? mercury switches are universal wastes: 1-he following items are universal wastes when Motor vehicle switches that contain mer- they are no longer useful or are discarded: curv. Any mercury switch that is re- moved from a vehicle is a universal 1. Cathode ray tubes (CRTs). Waste (CRTs), waste. When they are to be crushed for also known as picture tubes, are found in devices scrap, vehicles that contain mercury light a such as televisions and computer monitors. switches are also universal waste until the 2. Batteries. Universal waste batteries include mercury light switches are removed. r� rechargeable nickel-cadmium batteries. silver Non-automotive mercury switches and t button batteries, mercury batteries, small sealed lead acid batteries (burglar alarm and emergency products that contain them. These s light batteries), most alkaline batteries, carbon- switches in portable heaters, washing switches include thermostats and tip zinc batteries, and any other batteries that exhibit a characteristic of hazardous waste. machine out-of-balance switches, silent wall switches, and other mercury- 'i VOTE: .4penl etwomolive-tipe lead achl storc{,e containing switches and products con- hatteries are nol universe/waste. Thev are haa- taining them. All discarded products that 4 arclous uvastes thal are mtine ,etl under a cli/fi r- contain mercury switches are universal ent set ot'reguletory requirements. wastes. t 8. Mercury thermometers, including fever ther- :i 3. Lamps. Universal waste lamps include fluo- mometers. rescent tubes and bulbs, high intensity discharge 9. Pressure or vacuum gauges that contain lamps, sodium vapor lamps, and any other type mercury such as U-tube manometers, barome- of lamps that exhibit a characteristic of a hazard- (ters, and sphygmomanometers (blood pressure ous waste. Also, any electric lamp that contains meters.) added mercury. whether or not it exhibits a haz- 10. Dilators and weighted tubing. These medi- ardous waste characteristic, is a universal waste. ;) cal devices contain mercurv. 4. Electronic devices. These include any elec- tronic equipment without a CRT. such as cell 11. Rubber flooring that contains mercury. phones and telephones, computer CPUs and Some older ayrrrnasium floors that were poured printers. VCRs and portable UVD players that in place to form indoor tracks and gymnastic ar- ; exhibits a hazardous waste characteristic eas contain mercury- ' 5. Mercury thermostats. These thermostats 12• Mercury-,added Novelties. This category contain small glass capsules with mercurv, a includes practical juke items. figurines.jewelry, shiny liquid metal, to make electrical contact. toys, games. cards. ornaments, yard statues and figures, candles, holiday decorations. and foot- (Modern electronic thermostats do not contain wear that contain mercury or mercury batteries. mercury.) Effective January 1, 2003, the California Mer- 6. Non-empty aerosol cans. These are universal cury Reduction Act banned sale of mercury- \\astes if they contain an ignitable or toxic pro- added novelties in this state, but some people pellant or if the contents exhibit any hazardous still have them in their homes. �\,aste characteristic. For more information, see our tact -sheet ,I I. ti f',�,_�,• 13. Mercury gas flow regulators. These older — -----. ---- -- --�-- — •ias tlmv regulators ;are managed e\Clusi%el\ hV natural sas utilities. 2 79 i i I 14. Counterweights and dampers, including dev ices that use mercury's high density, to wastes (except CRT's) in any calendar dampen shaking on hunting bows and snow month: and j skis or to absorb recoil on shotguns. ■ Generate less than I kilogram (?.�! 15. Dental amalgam tooth filling materials pounds)of any waste identified as;an including waste amalgam, bits and pieces from acutely hazardous waste in chapter 1 1: chair side traps, and spent wastewater filters. and 16. Gauges. Vacuum and pressure gauges that contain mercury, including blood pressure where may I send universal gauges, barometers, and manometers WaS#eS� All uenerators must send their universal Nvaste Do these regulations apply to me? to one of three types of destinations. A (Tenera- With two exceptions discussed below, anyone tier may nul send universal waste to a municipal who generates or handles universal waste must solid waste (garbage) landfill or to a non-I comply with all parts of these regulations. Ex- hazardous waste recycling center. Disposal at emptions that temporarily allowed people to any unauthorized disposal site sack as rood- dispose of some universal wastes in the regular sides or ditches is illegal and a serious crime trash have ended. Nobody may dispose any as well as a serious environmental threat. type of universal waste in the trash in Califor- Acceptable destinations include: nia. ■ another location for consolidation l,or Households: Are not exempt from the Uni- storage: vernal Waste Rule. Households must recycle o a business with manv locations their universal wastes and are prohibited from can designate one location;as the disposing them in the trash. consolidation point for thei uni- versal wastes from all of its lo- Households should check the following web- cations sites for a location nearest them to take their o universal wastes may be sent to wastes. a business that specializes iin collecting, consolidating, and Cl WNIB database shipping universal wastes to a eRecycle.org destination facility ■ Earth9l l.org ■ a "destination facility" (generally a haz- ardous waste recycling facility — see Conditionally exempt small quantity univer- discussion below) sal waste generators (CESQU`VG): Small ■ a foreign destination that is authorized commercial hazardous waste generators also to handle the universal waste. only have to follow the recycling and hazard- ous waste disposal parts of the universal waste ti1any universal wastes must be recycled in or- rule. However. they are not subject to rules for der to be managed under the simple, stream- training, accumulation time, recordkeep►ng, or lined universal waste handler standards. The labeling. uni\,ersal wastes listed below must eitheribe gent directly to an authorized recycling facility For a business to quality as a CESQII\bG, it or to a universal waste consolidator for -,hip- Must mint to an authorized recycling facility. ■ Generate ICE', than WO kilograms (220 hk.'und;) 4>i ie_ulated haz- ,u-dau, inLludiIW' .1II universal 3 Rt I'nivcrsal wastes that must he rccvcicd: Do not shire universal waste lilr longer than one year after generating or receiv- ■ cathode ray tubes (TV and computer in,, the waste. If you think you need more 'gIcrss) time, contact your Certified Unified Pro- 0 lamps gram Agency (CUPA) well before your ■ mercury thermometers oldest universal waste will be held tOr ■ mercury switches one near. mercury gauges ■ dilators and weighted tubing Document the length Of time you have ■ �,as flow regulators accumulated universal waste from the r J. counterweights and dampers date you accepted it from someone else, discarded it yourself after it was "used Ifyou do not plan to recycle these wastes, you up." or decided to discard it. The regula- must manage them as hazardous waste rather tions contain several options for docu- than as universal waste. This includes notitying menting accumulation time. a DTSC. using a manifest and a registered hazard- ous waste hauler, complying with shorter accu- Label or mark universal wastes. or con- e mulation times, and shipping only to an tainers or packages of universal waste, to z authorized destination facility. identify their types. The regulations pro- vide several options for labeling. The What rules must 1 follow to manage purpose of labeling is to ensure that my universal wastes? emergency response personnel or an in- spector can identify the universal waste. Unless you are a household or a conditionally- exempt small quantity universal waste generator, ' Do not"treat" universal waste except a ou must follow the rules for either snarl!Amin_ when cleaning up releases or managing 1 riry hcnullers ol'universid weiste or for 1(tr a specific wastes as provided in the regula- tions hun ffers of'univermil lrasle tions(for example, removing mercury ampoules frorn thermostats or removing Most households and businesses are small quan- electrolyte from batteries) (Treatment in- tit% handlers of universal waste. The rules they cludes any activity that chances the char- follow are in sections 66273.10 through acteristics of the waste.) 66273 21. A summary. of the requirements is be- low: however, small quantity handlers of univer- Clean tip any releases such as leaking sal waste must comply with the full regulations, batteries or broken fluorescent tubes. Re- not just this short summar package the damaged universal waste and v If you are a small quantity handler of universal mana��e it as universal waste. Manage 3 waste: any other materials generated, such as cleanup supplies and contaminated soil, ■ Send all universal waste to a facility au- as hazardous wastes if they are identified thorized to collect, recycle or dispose of as hazardous waste. universal waste, ■ Train emplo}ees in proper universal ■ Like even'one else, you can not dispose waste mana`rement includinu handling. Of Universal waste in the trash packaging, storing and labeling the uni- �ersal waste, as well as how to respond to releases. This training, may be acuonl- hiished b\ simply •_�lvin, emplo,,ees writ- len InStl'UCtlo)ns or posting these HIStf-LIUR IS In the unkertial uaite man- 4 igenlent areas 'If the hUddin-r. 81 i i i ■ Determine whether the universal waste is a hazardous material under the United Disclaimer States Department of Transportation This tact sheet does not replace or super- (U.S. DOT) rules. For U.S. DOT hazard- cede statutes or regulationsi. All universal ous materials, properly mark the packag- waste handlers must follow, the hazardous in,, and placard the transportation waste control statutes and regulations, in- vehicle. The applicable U.S. DOT regula- eluding the universal waste regulations, tions are in Title 49 Code of Federal and must comply with the detailed stan- Regulations. Parts 171 throu,,h 180. dards applicable to their activities. ■ Prepare proper shipping papers such as a bill of ladinty. A Uniform Hazardous i Waste Manifest is not necessary for uni- versal waste shipments. You may transport universal waste in z your own vehicle or may use any com- Mon carrier allowed by U.S. DOT and California law to transport non-hazardous ' waste. You are not required to use a reg- istered hazardous waste hauler to trans- port universal waste. i z Ship the universal waste to another small quantity handler of universal waste, a x large quantity handler of universal waste. or a destination facility. When shipping or receiving universal waste, specific rules apply regarding accepting ship- ments containing hazardous wastes that arc not universal wastes and shipments that are rejected. ■ Keep records of all shipments and re- ceipts of universal waste for three years. ■ When sending universal waste outside the country, comply with regulations ad- dressing universal waste export. A large quantity handler of universal waste is a person who accumulates 5.000 kilograms (5.5 tons conversion factor) of universal waste or more at one place at one time. A large quantity handler is required to pro%Ide more comprehen- ,Ive training to enlplo\.ees than a :mall Lluantlty IWIldler and must obtain an EPA identification nunih::r. t ,rnemjly. nl% a uni el,,al \.\aste col- lo-tion business �\•III aCLUMUlltte that nluLh uni- r�r�al %%nste at vice. 5 82 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - OCTOBER 27,2009 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 October 27, 2009 at 6:00 p.m. l � PRESENT: Maryetta Ferrd, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency,Member Jim Miller, Agency Member Walt Stanckiewitz, Agency Member Brenda Mesa, City Clerk Bernie Simon, Finance Director/Acting City Manager Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, Sheriff's Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 10-13-2009 MINUTES CRA-2009-48 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES, CARRIED 4-0-1-0(AGENCY MEMBER MILLER WAS ABSENT),to approve the October 13, 2009 Community Redevelopment Agency Minutes. PROPOSAL FOR A NEW BASEBALL FIELD NORTHWEST OF PICO PARK CRA-2009-49 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER STANCKIEWITZ,CARRIED 5-0,to authorize Staff to issue a Request for Proposals for the design and specifications for public bidding to construct a proposed city- owned baseball field and authorize Staff and the City Attorney to prepare an amendment to the Memorandum of Understanding between the Agency and Grand Terrace Partners, LLC dated September 11, 2007 to modify the project site. PROGRESS REPORT AND RECOMMENDATIONS REGARDING THE CONVERSION OF THE SENIOR CENTER KITCHEN TO A COMMERCIAL CRA AGENDA ITEM NO. � i i rr,,l --}} I Pfn4) tXl d:l�r 13-7 1 Community Redevelopment Agency Minutes October 27,2009 Page 2 KITCHEN CRA-2009-50 MOTION BY AGENCY MEMBER STANCKIEWITZ, SECOND BY VICE- CHAIRMAN GARCIA,CARRIED 5-0,to appropriate Agency Funds in the amount of $5,540 to have Architect Michael Murphy prepare the documents for public bidding. Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:15 p.m ,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,November 10,2609 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace i II I I I I pv1 tA3I1 ' M13 :ALI'FOpV1A AGENDA REPORT MEETING DATE: November 10, 2009 Council-Item ( ) CRA Item ( X ) TITLE: Neighborhood Improvement Program Progress Report PRESENTED BY: Community and Economic Development Department RECOMMENDATION: No action is requested. BACKGROUND: On February 24, 2009, the Agency approved the Neighborhood Improvement Program and appropriated $25,000 to fund the program through the remaining 2008-09 Fiscal Year. The Program was developed to assist low- to moderate-income residents with exterior property improvements by purchasing materials such as landscaping, fencing, new garage doors and paint. The homeowner contributes the labor. The Program has allowed staff to address both broad neighborhood preservation goals and individual property deterioration, including code violations. The eligible residents may receive up to $1,000.00 in materials and are required to sign a Maintenance Agreement to receive funding. DISCUSSION: Between March and June of Fiscal Year 2008-09, 25 eligible residents received materials through the Program and improved their property. Also, funded through the Program was the June 6, 2009, neighborhood clean-up in the Grand Terrace Road-Vivienda neighborhood. The Agency approved an additional $30,000 for the Program for Fiscal Year 2009-10. Since July 1, 2009, 20 residents have received materials for exterior improvements, and eight additional residents have been approved for Program funding. Also, the October 17, 2009 block wall painting project along Mount Vernon Avenue was funded through this allocation. The Program paid for paint and equipment, and volunteers cleaned the walls and painted over various shades of paint from graffiti removal. As originally envisioned, the Program has been an effective mechanism in correcting code violations. Fourteen cited property owners who had no other means to address the violations were able to take advantage of this Program. A Power Point presentation including before and after photos will be presented during the meeting to demonstrate the success of the program. CRA AGENDA ITEM NO. 1 FISCAL IMPACT: There is no fiscal impact other than staff time associated with this progress report. Community and Economic Development staff may request additional program funding for FY 200�9-10 early in 2010. Respectfully submitted, Joyce Powers Community and Economic Development Department Manager Approval:' Bernie Simon Acting City Manager ATTACHMENTS: _ } N/A I vchlist Voucher List Page: 1 11/04/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64434 10/22/2009 011090 INTEGRITY PLUMBING 1162 Water Heater replaced-fire stn 10-190-723-000-000 1,94500 Total : 1,945.00 64435 10/26/2009 010218 CHEVRON &TEXACO CARD SERVICES 21433799 Maint. Vehicle Fuel Charges 10-180-272-000-000 25648 Total : 256.48 64436 10/28/2009 010911 L & N RENTALS, LUIS NUNEZ 103009 GAME BOOTHS FOR HALLOWEEN HAUNT 23-200-64.-00 1,386.56 Total : 1,386.56 64437 10/28/2009 003858 J.Z.'S PARTY CHARM SB-4507 H HAUNT RENTALS 23-200-64-00 1,205.28 Total : 1,205.28 64438 11/2/2009 010258 GMAC PAYMENT PROCESSING CENTER Nov 2009 LEASE GMAC TAHOE VIN#1GNFC130X7R24890z 10-120-273-000-000 55921 Total : 559.21 64439 11/3/2009 010998 AETNA AARP PLANS 4710330911 NOV HEALTH INS-CORTES 10-110-142-000-000 36449 10-110-120-000-000 83.51 Total : 448.00 64440 11/3/2009 001907 COSTCO#478 047805013275 CHILD CARE SUPPLIES 10-440-220-000-000 183.55 Total : 183.55 64441 11/3/2009 010996 CA PUB EMPLOYEES' RET SYSTEM Amos March CR CREDIT FOR AMOS MARCH INS PAID 10-022-55-00 -947.67 COUNCIL AGENDA ITEM NO. Page: 1 vchlist Voucher List Page: 2 11/04/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64441 11/3/2009 010996 CA PUB EMPLOYEES' RET. SYSTEM (Continued) H20091114930C NOVEMBER HEALTH INSURANCE 10-022-61-00 6,17928 10-022-55-00 1,22507 10-190-265-000-000 8822 10-120-142-000-000 69353 10-125-142-000-000 54674 10-140-142-000-000 003 10-172-142-000-000 182.24 10-175-142-000-000 145.79 10-180-142-000-000 1,13090 10-370-142-000-000 801 88 10-380-142-000-000 36449 10-440-142-000-000 1,92345 21-572-142-000-000 437.40 10-450-142-000-000 546.74 32-200-142-000-000 36449 32-370-142-000-000 583 18 34-400-142-000-000 40095 Total : 14,666.71 64442 11/3/2009 011089 MURPHY, MICHAEL J. 10152009 SR. CTR COWL KITCHEN SERVICES 32-600-311-000-000 3,600.00 Total : 3,600.00 64443 11/4/2009 010290 KAISER PERMANENTE 264428204 HEALTH INS -L. GARCIA 10-110-142-000-000 364.49 10-110-120-000-000 240.51 Total : 605.00 64444 11/4/2009 011071 STANCKIEWITZ, W. 305119204 HEALTH INS REINBURSEMENT-W STANCKIEW11 10-110-142-000-000 326.00 Total : 326.00 ------ -------------- ---------------- --- ---- ----------- 64445 11/4/2009 001907 COSTCO#478 0478 070085 51 C CARE SUPPLIES 10-440-220-000-000 16646 Total : 166.46 Page 2 vchlist Voucher List 1 Page: 3 11/04/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64446 11/10/2009 010444 AN-WIL BAG COMPANY 27826 2 pallets Cold Patch 16-900-257-000-000 81563 Total : 815.63 64447 11/10/2009 001213 AT&T 909824-7013 79 CHILDCARE DSL 10-440-235-000-000 76 35 Total : 76.35 64448 11/10/2009 001713 CA. DEPT. OF TRANSPORTATION 186237 Sept 1215 Signal Maint/EnergV 16-510-238-000-000 36 52 Total : 36.52 64449 11/10/2009 001705 CA. STATE DEPT. OF JUSTICE 757127 LIVE SCAN & BACKGROUND CHECKS 10-190-226-000-000 64.00 Total : 64.00 64450 11/10/2009 001498 CALBO 7234 CALBO REGISTRATION 10-175-270-000-000 500.00 10-175-268-000-000 17500 Total : 675.00 64451 11/10/2009 001840 CITY OF COLTON 000953 ANIMAL CONTROL SVCS 9/09-ACT#07622 10,190-256-000-000 3,62900 Total : 3,629.00 64452 11/10/2009 010403 CITY OF REDLANDS AR124928 Sept CNG Fuel 10-180-272-000-000 42.55 Total : 42.55 64453 11/10/2009 010866 CIVIC PLUS 73584 MONTHLY FEE NOVEMBER 10-125-250-000-000 615.00 Total : 615.00 64454 11/10/2009 010711 DANKA FINANCIAL SERVICES 70554133 TOSHIBA LEASE -DECEMBER 10-172-246-000-000 6383 10-175-246-000-000 31.91 34-400-246-000-000 63.83 Page: 3 vchlist Voucher List Page: 4 11/04/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64454 11/10/2009 010711 DANKA FINANCIAL SERVICES (Continued) Total : 159.57 64455 11/10/2009 003210 DEPT 32-2500233683 4124586 Cuevas Imp Grant 32-600-305-000-000 99460 6124194 Donovan Imp Grant 32-600-305-000-000 93422 6124196 Moran Imp Grant 32-600-305-000-000 986 13 9124294 Mota Imp Grant 32-600-305-000-000 99898 Total : 3,913.93 64456 11/10/2009 002165 DRUG ALTERNATIVE PROGRAM 7690 WEED CONTROL 10-450-245-000-000 1,00000 Total : 1,000.00 64457 11/10/2009 002187 DUNN-EDWARDS CORP 2018068486 MT VERNON PAINTING PROJECT 32-600-305-000-000 41325 2018068709 MT VERNON PAINTING PROJECT 32-600-305-000-000 24795 2018068763 Mt vernon paintinq project 32-600-305-000-000 49590 Total : 1,157.10 64458 11/10/2009 011061 EZ SUNNYDAY LANDSCAPE 8577 ORANGE GROVE PKWY CONSTRUCTION 13-445-710-000-000 3,77600 Total : 3,776.00 64459 11/10/2009 002740 FRUIT GROWERS SUPPLY 90403775 MAINTENANCE AND SUPPLIES 10-450-245-000-000 53 88 90408939 Maint Supplies 10-450-246-000-000 54.39 Total : 108.27 64460 11/10/2009 010164 GREAT-WEST 101609 DEF COMP 10-16-09 10-022-63-00 4,87708 1 Page 4 C" ( F; vchlist voucher List Page: 5 11/04/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64460 11/10/2009 010164 GREAT-WEST (Continued) Total : 4,877.08 64461 11/10/2009 003217 HOSE MAN INC. 6120409-0001-0 Power Washer maint 10-180-246-000-000 8897 Total : 88.97 64462 11/10/2009 003216 HOUSTON & HARRIS PCS, INC 09-15618 HYDROWASHING 21-573-602-000-000 400.00 Total : 400.00 64463 11/10/2009 010872 J & L EQUIPMENT AND SERVICE 00486A Generator Service 10-180-246-000-000 161.85 Total : 161.85 64464 11/10/2009 010449 KONICA MINOLTA PRINT SOLUTIONS 706699101 CPG424153 Sept-Dec. 10-172-246-000-000 2500 10-175-246-000-000 2500 34-400-246-000-000 2500 Total : 75.00 64465 11/10/2009 010812 LOWE'S COMMERCIAL SERVICES 09242 Small Tools 10-180-218-000-000 66.38 S0759AB1 7524 Mt. V Paintinq Supplies/maint supplies 32-600-305-000-000 61 06 10-180-246-000-000 22850 32-600-305-000-000 92.36 Total : 448.30 64466 11/10/2009 004670 MIRACLE MILE CAR WASH SEPOCTO CAR WASH MAINTENANCE 10-180-272-000-000 600 10-440-272-000-000 7300 Total : 79.00 64467 11/10/2009 005400 OFFICE DEPOT 492565863001 Toner/misc ofc supplies 10-120-210-000-000 316 92 494119054001 Shredder 10-190-220-000-000 97874 Page• 5 vchlist Voucher List Page: 6 11104/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64467 11/10/2009 005400 OFFICE DEPOT (Continued) Total : 1,295.66 64468 11/10/2009 005670 PRESS ENTERPRISE 26-204 5636975 26 Wks 7/10/09 - 1/7/10 10-120-210-000-000 51 74 Total : 51.74 64469 11/10/2009 010420 RDO EQUIPMENT CO P96939 Maint Parts 10-450-246-000-000 462.52 P97120 Equip Repair 10-450-246-000-000 111 94 P97190 CM Parts Return on P96939 10-450-246-000-000 -37.83 Total : 536.63 64470 11/10/2009 006242 RIVCOMM LLC 103104 MURS RADIO ANTENNA- SENIOR CENTER 10-180-246-000-000 75074 Total : 750.74 64471 11/10/2009 006331 RONNOW, LARRY 6 CONTRACT ACCTG SERVICES TO 10/29/09 -37H 10-140-111-000-000 2,51600 Total : 2,516.00 64472 11/10/2009 006453 S.B COUNTY AUDITOR/CONTROLLER 0910 2009-10 CAL ID CONTRIBUTIONS 10-410-258-000-000 13,088.25 Total : 13,088.25 64473 11/10/2009 006557 S.B. COUNTY DEPT. PUBLIC WORKS FC 050/10 NPDES FLOOD AGREEMENT 12-903-701-000-000 2,64500 Total : 2,645.00 64474 11/10/2009 006531 S B COUNTY SHERIFF 9494 NOVEMBER LAW ENFORCEMENT SVCS 10-410-255-000-000 4,22828 10-410-256-000-000 128,571 06 14-411-256-000-000 _ 23,803 66 ____ --- - ------ --- ------------ — -- — ----- - Total : 156,603.00 64475 11/10/2009 007005 SO CAL LOCKSMITH 9740 Master lock 10-180-245-000-000 15.20 Page. 6 vchlist Voucher List Page: 7 11104/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64475 11/10/2009 007005 SO CAL LOCKSMITH (Continued) 9862 Keys 10-450-245-000-000 1305 Total : 28.25 64476 11/10/2009 006778 STAPLES 7056786019-00( Folders 10-370-210-000-000 31.49 10-808-210-000-000 6117 Total : 92.66 64477 11/10/2009 006898 SYSCO FOOD SERVICES OF L.A. 910211150 FOOD PURCHASES 10/21/09 10-440-220-000-000 682.10 910281356 FOOD SUPPLIES 10-440-220-000-000 42743 Total : 1,109.53 64478 11/10/2009 007102 T Y LIN INTERNATIONAL 0910233 ENG SERVICES 8/28 TO 10/02/09 47-100-250-001-000 5,23000 Total : 5,230.00 64479 11/10/2009 011091 THORS REPTILE FAMILY 1159 11/19/09 Super Safari 23-200-14-00 25000 Total : 250.00 64480 11/10/2009 007399 US BANK TRUST NAT'L ASSOC 2440149 CRA TABS TRUSTEE FEES 33-300-210-000-000 2,64500 2440150 CRA ESCROW ACCT TRUSTEE FEES 33-300-210-000-000 86250 Total : 3,507.50 64481 11/10/2009 007579 VARELA, CATALINA 10192009 Reimb Bubble/Fog Machine 23-200-14-00 5938 Total : 59.38 64482 11/10/2009 001038 VERIZON WIRELESS-LA 0809542166 Oct B & S Wireless 34-400-235-000-000 107 17 Total : 107.17 Page. 7 vchlist Voucher List Page: 8 11/04/2009 7:08:44PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64483 11/10/2009 007920 WILLDAN 061-29474 GLENDORA- PUBLIC WORKS 46-200-275-000-000 4,18000 Total : 4,180.00 64484 11/10/2009 010864 WIRZ, MATT 102109 MILEAGE 10-180-271-000-000 37 34 Total : 37.34 64485 11/10/2009 007987 XEROX CORPORATION 707647434 CC55 COPIER LEASE 10-190-700-000-000 371.33 711781328 CC265 COPIER LEASE 10-190-700-000-000 29434 Total : 665.67 3354839 10/29/2009 011069 ORANGE COAST TITLE ESCROW 3354839179 PURCHASE OF BARTON RD 0275 242-10 32-600-308-000-000 197,599 08 Total : 197,599.08 11/2/2009 011069 ORANGE COAST TITLE ESCROW 60683906 BALANCE DUE APN0275-242-10 32-600-308-000-000 827 14 Total : 827.14 54 Vouchers for bank code : bofa Bank total : 438,728.11 54 Vouchers in this report Total vouchers : 438,728.11 Page 8 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESIWAGES 11 Street Fund 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE '17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES '44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES& EQUIPMENT y CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING - OCTOBER 27,2009 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 October 27, 2009 at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Bernard Simon, Finance Director/Acting City Manager Joyce Powers, Community& Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Hector Gomez, San Bernardino County Sheriffs Department John Salvate, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened with Invocation by Mayor Pro Tern Garcia, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes. CONVENE CITY COUNCIL MEETING ITEMS TO ADD/DELETE SPECIAL PRESENTATIONS 2A. Grand Terrace Chamber of Commerce Business of the Month Sally McGuire, Grand Terrace Area Chamber of Commerce,announced that Fiesta Village is the Business of the Month for the month of October. CONSENT CALENDAR CC-2009-,140 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of Item 3A. and Councilmember Miller abstaining from Item 3C.: COUNCIL AGENDA ITEM NO.� i 10/27/2009 Page 2 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 10-13-2009 Minutes 3D. Request a Workshop for November 10, 2009 at 4:00 p.m. with City Council to Review Proposed Solid Waste Franchise Agreement t 3E. Five-Year Capital Project Needs Analysis and Capital Improvement,Program i ITEMS REMOVED FROM CONSENT CALENDAR i 3A. APPROVE CHECK REGISTER DATED 10-27-2009 CC-2009-141 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the Check Register Dated 10-27- 2009. PUBLIC COMMENT I Denis Kidd, 22874 Pico, urged the Council to reaffirm their support of having a Metrolink Station in Highgrove. RCTC's Engineering concluded that a station could not be built on the site, however,they are seeking a second opinion. Barney Barnett, 474 Prospect Avenue, Highgrove, apologized for not being at the last meeting, he was advised that the item was not going to be on the agenda, however, it was. He requested that the City Council consider,at their next meeting,adopting a Resolution or letter of support in regards to reaffirming that the Highgrove location is the best location for a Metrolink stop for the people of Grand Terrace. He would like the Council to review all of the information that is on their website www.hi gh jaro vehappenings.net. He stated that the EIR is not complete so that it is not a done deal and feels that if Federal Tax Dollars are used then it should benefit the entire region including Grand Terrace and Highgrove and the entire surrounding area. JoAnn Johnson, 12723 Mt. Vernon Avenue,expressed her support for the City's continued involvement in urging RCTC to reconsider the Highgrove site for the Metrolink Station. She feels that Highgrove is the most logical station and that it would benefit a large area including Grand Terrace. REPORTS 5A. Committee Reports -None i 5B. Council Reports I Councilmember Cortes,stated that she believes that having a Metrolink Station in Highgrove I Council Minutes 10/27/2009 Page 3 is a good idea and supports it, however, we do not have any authority over what Riverside County,RCTC Commissioners decide. She requested that Barney Barnett send their current information to RCTC. She stated that if there is anything that Grand Terrace can do to support a Metrolink Station in Highgrove she feels that it would be beneficial for Grand Terrace and all of the surrounding cities. Councilmember Miller,reported that the Halloween Haunt will be held on Friday, October 30, 2009 and encouraged everyone to attend. Councilmember Stanckiewitz, stated that Council received an e-mail from Community and Economic Development Director Joyce Powers regarding the Housing Element of the General Plan Moving forward. He thanked Sandra Molina for all of her hard work that she did to move it along. Mayor Ferre,encouraged everyone to attend the Halloween Haunt at Rollins Park on Friday, October 30, 2009. PUBLIC HEARINGS -None UNFINISHED BUSINESS 7A. Grand Terrace Road Parking Signs CC-2009-142 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-1-0-0 (COUNCILMEMBER STAMCKIEWITZ VOTED NO), to direct staff as follows: 1. Designate"No Stopping Zone"on the east and west sides of the senior center east driveway a minimum of 30 feet on both sides of the driveway. 2. Designate"No Stopping Zone"on the north side of Grand Terrace Road from the curb return at Mt. Vernon Avenue to 195 feet east. 3. Install a red curb on the south side of Grand Terrace Road from the curb return at Mt. Vernon Avenue to within one car length of the residents driveway. 4. Encourage the Sheriff s Department to enhance traffic enforcement on Grand Terrace Road for an interim period to encourage driver compliance with the new parking restrictions. 5. Perform speed profile surveys to determine appropriate speed zoning for i I I I I I I Council Minutes 10/27/2009 Page 4 Grand Terrace Road. I NEW BUSINESS i 8A. A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase Agreement and Related Documents with Respect to the Sale of the Sellers's Proposition 1A Receivable From the State; and Directing and Authorizing Certain Other Actions in Connection Therewith I CC-2009-143 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILI ,IEMEBR CORTES,CARRIED 5-0,to approve the program and adopt a Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase Agreement and Related Documents with Respect to the Sale of the Sellers's Proposition IA Receivable From the State; and Directing and Authorizing Certain Other Actions in Connection Therewith 8B. Progress Report and Recommendations Regarding the Conversion of the Senior Center Kitchen to a Commercial Kitchen i CC-2009-144 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to authorize staff to prepare construction drawings and bid specifications for a commercial kitchen at the Senior Center. CLOSED SESSION k I 9A. Selection of City Manager I Mayor Ferrd announced that the Council met in Closed Session to discuss the Selection of City Manager and that there was no reportable action taken. i Mayor Ferrd adjourned the meeting at 7:50 p.m., until the next City Council Meetingil which is scheduled to be held on Tuesday,November 10, 2009 at 6:00 p.m. CITY CLERK of the City of Grand!Terrace i MAYOR of the City of Grand Terrace i I PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES SPECIAL MEETING - NOVEMBER 3, 2009 A special 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 November 3, 2009 at 4:00 p.m. t PRESENT: Maryetta Ferre,.Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Bernard Simon, Finance Director/Acting City Manager Joyce Powers, Community& Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney ABSENT: Sgt. Hector Gomez, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department The,City Council meeting was opened with Invocation by Mayor Pro TernGarcia, followed by the Pledge of Allegiance led by Councilman Jim Miller. CONVENE CITY COUNCIL MEETING l. Public Comment-None 2. Appointment of City Manager CC-2009-145- MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve an Employment Agreement with Betsy M. Adams to serve as the City of Grand Terrace City Manager. Mayor Ferre adjourned the meeting at 4:10 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday,November 10, 2009 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace 1 , AGENDA REPORT MEETING DATE: November 10, 2009 Council Item( X) CRA Item ( ) (� TITLE: STATE COPS SLESF GRANT-FY 2009-10 Expenditure Plan PRESENTED BY: Bernie Simon RECOMMENDATION: Approve FY 2009-10-COPS SLESF Grant Expenditure Plan BACKGROUND: Agencies receiving SLESF money must have a formal expenditure plan approved by the governing body. The agency must then report how such funds were spent in comparison to the approved spending plan at the end of the fiscal year. In accordance with Section 30061 of the Government Code: "Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs That are necessary to meet those needs. The board shall, at a public hearing held at a time determined by the board in each year that the Legislature appropriates funds for purposes-of this chapter, or within 30 days after a request by'a recipient agency for a hearing if the funds have been received by the county from the state prior to that request, consider and determine each submitted request within 60 days of receipt, pursuant to the decision of a majority of a quorum present." The FY 09-10 budget document accounts for the anticipated Supplemental Law Enforcement Safety Fund (SLESF AB3229 COPS) in Fund 14 on page 140. DISCUSSION: The proposed spending plan is similar to the previous years' spending plan. The estimated FY 09-10 grant revenue is $100,000 which partially pays for: Sheriff s Department special services officer(SSO) and related costs $ 67,690 One General Law Patrol Car $214,567 Sheriff Contract related overhead costs 3 9% $ 6,357 Fuel and Maintenance on vehicles $ 9,304 Grand Terrace overhead cost allocation $ 500 $298,418 COUNCIL AGENDA ITEM NO.3 1 C i The grant will be supplemented by a Traffic Safety Fund transfer of $45,000 and a General Fund transfer of$153,418 to pay for the remaining cost of the deputy and program incidentals. The total adopted budget is $298,418 for the SLESF Fund. Our approved expenditure plan is due to the County no later than December 3, 2009. The Auditor-Controller will release funds after the Supplemental Law Enforcement Oversight Committee certifies receipt of all recipient agencies' approved plans. FISCAL IMPACT: None by this action. Funds already budgeted'for FY 2009-10. Respectfully submitted, Bernie imon Finance Director and Acting City Manager Manager Approval: Bernie Simon Acting City Manager ATTACHMENTS: Email from Sheriff Department Department of Finance letter Oct, 1, 2009 FY 2009-10 COPS Allocation Schedule i i i From: "Davalos, Claudia" <cdavalos@sbcsd org> To: "Vanessa Martinez" <vmartinez@ci adelanto ca us>, <wpattison@applevalley. Date: 10/28/2009 8 39 AM Subject: FY 2010 SLESF Expenditure Plan - Updated Info Attachments: Dept. of Finance Ltr. 2009-10 COPS SLESF Funding.pdf Good morning, Attached is a letter which we received yesterday from our Auditor/Controller's Office in regards to the 2009-10 COPS SLESF funds. According to the letter the State is estimated the VLF revenues at $497M. Based on this revenue amount they have estimated the allocation amounts for each jurisdiction Along with the letter there.is a table which shows the estimated amount that each city is tentative to receive. Please develop your expenditure plans based on the estimated allocation amount, but keep in mind that this is only an estimate If the total VLF revenue comes below the estimated $497M, your allocation amounts will be re-calculated The due date for your expenditure plans is still set for December 3, 2009 Please feel free to call me if you have any questions. Thank you, Claudia Davalos, Staff Analyst I San Bernardino County Sheriffs Dept. Bureau of Administration Ph (909) 387-3672 Fax: (909) 387-3444 From Davalos, Claudia Sent: Monday, October 26, 2009 3 17 PM To 'Vanessa Martinez', 'wpattison@applevalley org'; Gulla, Keith, 'theiden@barstowca.org', 'Carol Coalson'; 'sevans@chinopd org', 'Lara Christensen', 'Linda Gutierrez', 'Nong Siphomsay', 'Bernie Simon'; 'George Pirsko - Budget/Special Projects Manager', 'Chuck Dantuono', Diana DeAnda, 'Richard Beltran' 'Cheryl Sallis'. 'Donna Bailey', 'Tong, Wendy', Brenda Boon (bboon@redlandspolice org), 'Felicia Brown', 'Alvord_Ma', 'fondir@ci twentynine-palms.ca us', 'Crist-Danna Rosanne', 'Michelle Perea', Whitus, Pam, 'Kathy Ainsworth'. 3 i i I I ! gfranklin@yucaipa org' Subject: FY 2010 SLESF Expenditure Plan Importance. High i To all SLESF Points of Contact, The California State Controller has informed us that the Supplemental ! r Law Enforcement Services Fund (SLESF) funding was changed as part of the 2008 emergency budget revision legislation SLESF is now funded by Vehicle License Fee (VLF) collections and is therefore not a set annual amount. While each city is still guaranteed a minimum of$100,000 by Government Code Section 30061, any additional amounts are contingent on VLF collections. Please develop your expenditure plan based on the minimum amount and submit a copy along with City Council approval to the Sheriffs Department by no later than December 3, 2009. I i The San Bernardino County Auditor-Controller shall release funds in four different installments after the Supplemental Law Enforcement Oversight Committee (SLEOC) certifies receipt of all recipient agencies' approved ! plans. The SLEOC is scheduled to meet on January 14, 2009. I Please mail all plans to, 655 East Third Street, 2nd Floor i San Bernardino, CA 92415 i Attn Claudia Davalos i i Please feel free to call me if you have any questions i i Thank you, I i i Claudia Davalos, Staff Analyst I I I San Bernardino County Sheriffs Dept. Bureau of Admnistration i Ph (909) 387-3672 I Fax: 909) 387-3444 i i 6NT 0, Q' IL Z w 1111 n o � * DEPARTMENT OF ARNOLD SCIAWAFRZEN£GGER, GOVERNOR c'CIt�RN'F I N A N C E y11 1:1111M N5 ■.ArRA, CMTU CA■-3 513 1 4-49 99■W WW.DOi'fJ.GOV OFFICE OF THE DIRECTOR October 1, 2009 The Honorable Larry Walker Auditor-Controller-Recorder County of San Bernardino 222 West Hospitality Lane,4th Floor San Bernardino, CA 92415-0018 The Local Safety and Protection Account(LSPA) in the Transportation Fund is anticipated to receive $497 million in revenues in 2009-10 Based on the formulas contained in Government Code Section 30051, the Department of Finance(Finance)estimates a total of$211 722 million in LSPA revenues will be available for purposes of the Citizens' Option for Public Safety (COPS) program and the Juvenile Justice Crime Prevention Act(JJCPA)program. Pursuant to Government Code Section 30061, Finance estimates the COPS and JJCPA programs will each receive$105.861 million. In addition, Chapter 158, Statutes of 2003, authorizes up to $275,000 from the juvenile justice allocation to be available to the Corrections Standards Authority for administrative purposes. Pursuant to current law, the State Controller is required to allocate the COPS and JJCPA funds to each county that has established a Supplemental Law Enforcement Services Fund (SLESF) in accordance with Section 30061 of the Government Code, and in accordance with the proportionate share of the state's total population that resides in each county and city and county The Controller is required to make all disbursements upon request of an individual county and city and county that has established a SLESF, and has established an oversight committee pursuant to Section 30064 of the Government Code. Current law requires the county auditor to allocate moneys to the county's SLESF, including any interest or other return earned on the investment of those moneys, within 30 days of the deposit of those moneys in accordance with the.following requirements: 1 5 15 percent to the county sheriff for county jail construction and operation 2. 5 15 percent to the district attorney for criminal prosecution 3 39 7 percent to the county and the cities within the county in accordance with the relative population for the cities within the county and the unincorporated area of the county Accordingly, a population estimate for your county is enclosed and a listing of allocations ' for each eligible entity The population estimate is based on the January 1, 2009 estimate by the Population Research Unit of the Department of Finance, as required by i Section 30061 of the Government Code j 4 50 percent to the county or city and county to implement a comprehensive mufti-agency juvenile justice plan, as specified These funds are intended to cover the cost of approved plan activities from October 1, 2009 through September 30, 2010 1 5 i i i �I 2 �I The attached allocations reflect the $211 722 million provided in the Budget Act allocated irito the four categories above, based on the percentages in statute (i.e 21 30 percent of total anticipated LSPA revenues for COPS, and an additional 21.30 percent of LSPA revenues-fl r JJCPA) Within each category allocations are based on population, as required by statute.i For the 39 7 percent front-line law enforcement category,the allocations also reflect a minimum grant of$100,000. Therefore, entities that would have received less than $100,000 based on — the population distribution formula were provided additional amounts while entities that received more than $100,000 were adjusted proportionately downward, so the total amount allocated is $84 054 million The amounts distributed to each city within the county and to the county for the unincorporated population were summed to determine front-line law enforcement totals provided to each county for allocation to the cities within the county Please note that legislation enacted concurrent with the 2009 Budget Act now requires that COPSIJJCPA payments be distributed in four equal installments beginning October 1 Consequently, you will not receive a lump-sum payment as in previous years. We have attached information showing how the anticipated 2009-10 COPS/JJCPA moneys are to be allocated. The allocations should be made in four installments i if the VLF revenues deposited in the LSPA are either greater than or less than $497 million,, the COPS/JJCPA allocations will be adjusted on a pro-rated basis. After allocation of funds to each county's SLESF for the juvenile justice program, the SLESIF shall only allocate funding for the juvenile justice program after the juvenile justice plan hasi(1) been approved by the county board of supervisors, and in the case of a city and county,the plan has been approved by the mayor, and (2)the plan has been submitted to the Corrections Standards Authority and notification from the Authority has been received indicating approval For questions regarding the COPS program and the allocation of funds for the JJCPA progi am, please contact Chris Hill, Principal Program Budget Analyst, at (916) 322-2263 For questions regarding the juvenile justice program approval and requirements, please contact Aaron Long at the Corrections Standards Authority at(916) 322-1427 i I Sincerely, ANA MATOSANTOS Chief Deputy Director Attachment i i i 'i f C r 1/112009 Co. Jail District Front-line Juvenile COUNTY Population Operation Attorney Enforcement Justice Total SAN BERNARDINO 2,060,950 $ 586,847 $ 686,847 $ 3,859,780 $ 5,682,742 $ 10.716,216 ADELANTO 28,265 $ 100,000 APPLE VALLEY 69,861 $ 108,226 BARSIOW 24,213 $ 100,000 BIG BEAR LAKE 6,255 $ 100,000 CHINO 84,173 $ 130,398 CH1140 HILLS 78,725 $ 121,958 COLTON 51,684 $ 100,000 FONTANA 189,021 $ 292,825 GRAND TERRACE 12,484 $ 100,000 HESPERIA 88,184 $ 135.611 HIGHLAND 52,372 $ 100,000 LOMA LINDA 22,519 $ 100,000 MONTCLAIR 36,964 $ 100.000 NEEDLES 5,793 $ 100.000 ONTARIO 173.188 $ 268,297 RANCHO CUCAMONGA 177,736 $ 275,342 REDLANDS 71,646 $ 110,991 RIALTO 100,022 $ 154,950 SAN BERNARDINO 204,483 $ 316,778 -RVEN'FYNINE PALMS 30,832 $ 100,000 UPLAND 75,035 $ 116,242 VICTORVILLE 109,441 $ 169,642 YUCAIPA 51317 $ 10D,000 YUCCA VALLEY 21,239 $ 100,000 UNINCORPORATED 295,398 $ 457 62C total POPutation 2,060.950 total front-line $ 3,859 780 enforcement V L 1'1'O R S I A AGENDA REPORT MEETING�DATE: November 10, 2009 Council Item( X) CRA Item ( ) - TITLE: Treasurer's Report for Quarter Endin¢September 30, 2009 PRESENTED BY: Bernie Simon RECOMMENDATION: Approve Treasurer's Report BACKGROUND: Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. DISCUSSION: HIGHLIGHTS Ouarter-to-Date Total cash and investments decreased$4,195,251 or(20.34%)over the previous quarter end with a total of$16,434,313. The majority of the cash decrease is attributable to the normal lack of revenue receipts in the first quarter and second quarter of the fiscal year. The average yield continues to decline as investment income yields continue to decline. LAIF net yield is now .75%compared to 1.51%in June 2009. Overall cash and investments decreased(20.72%)for the quarter for a total of$17,736,777. Cash with fiscal agent decreased$441,517 primarily as a result of the refinancing of the 1997 Certificates of Participation. The 1997 COP was refinanced through a private placement with Zion's Bank on September 1, 2009, in which a reserve deposit requirement was no longer required. Fiscal Year-to-Date Same as quarter to date. Change in Treasury Position Sept. 30th June 30" 2009 2009 Change % Investment Pools $14,769,278 $18,8121212 4,042,934 (21.49) Investment 1,081,038 1,081,038 0 0.00 Instruments Funds with' 583,996 736,314 (152,318) (20.68) Institutions Total Cash and $16,434,313 $20,629,564 (4,195,251) (20.34) Investments COUNCIL AGENDA ITEM NO. �� Funds with!ffl 1,302,464 1,743,981 (441,517) (25.3i2) Agent Total $17,736,777 $22,373,545 ($4,636,768) (20.72) I INFORMATION I have attached the Quarterly Cash and Investments Report as of September 30, 2009. 1. 1 hereby certify that the investments are in compliance with the investment policy adopted by the City Council. r� 2. The City has the ability to meet its budgeted expenditures for the next six months. 3. The market values for funds held in money market funds and banking institutions do not change.The amounts listed as market value for these items are the same as the book value. 4. The book value for the LAIF Pool is the withdrawal value provided by the State Treasurler. 5. The market value of the funds held by the State LAIF Pool equates to the City's pro-rata share of the market value of the entire LAIF investment pool. 6. The fiscal agent provided the market values for investments held in their accounts. FISCAL IMPACT: There is no fiscal impact. Respectfully submitted, 'Z- .t Bernie Simon Finance Director and Acting City Manager Manager Approval: j- •+�ti Bernie Simon Acting City Manager ATTACHMENTS: Treasurer's Report September 30, 2009 I City of Grand Terrace CRA of Grand Terrace Cash & Investment Report September 30, 2009 FUNDS IN INVESTMENT POOLS Book Par Market Yield Maturity California Asset Management Program 3,855,015 3,855,015 3,855,015 0.380% n/a State Treasurer- LAIF: City Account 52,624 52,624 52,706 0 750% n/a CRA Account 10,861,640 10,861,640 10,878,591 0.750% n/a TOTAL 14,769,278 14,769,278 14,786,311 INDIVIDUAL INVESTMENT INSTRUMENTS US Bank Safekeeping First American Treas Oblig Fnd 1,071,771 1,071,771 1,071,771 0 000% n/a First Financial Equity- Money Market 9,267 9,267 9,267 0 050% n/a TOTAL 1,081,038 1,081,038 1,081,038 Account Insured Other Total FUNDS WITH BANK INSTITUTIONS Name Deposits Deposits Deposits Yield Maturity Bank of America General 150,000 80,228 230,228 0 000% n/a Bank of America Savings 250,000 82 250,082 0 400% n/a Bank of America Payroll 0 9,686 9,686 0.000% n/a Bancomer CD 94,000 0 94,000 3 200% 6/8/10 TOTAL 494,000 89,996 583,996 Duration GRAND TOTAL Book Market Ave Days Ave Rate INVESTMENTS 16,194,398 90 15,961,350 0.621% CASH 239,914.49 239,914 GRAND TOTAL 16,434,313.39 16,201,264 Financing FUNDS WITH FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 1997 COPS 2,464 2,464 2,464 0.000% n/a First American Treasury Obligations 2004 TAB 1,300,000 1,300,000 1,300,000 0 000% n/a TOTAL FISCAL AGENT 1,302,464 1,302,464 1,302,464 3 RECE ED Historical & Cultural Activities Committee 10V (: 3 2009 Minutes for October 5, 2009 CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT The meeting was called to order by Chairman Pauline Grant. Those present were Pauline Grant, Masako Gifford, Ann Petta, Gloria Ybarra, Frances Carter, City Clerk Brenda Mesa and Shelly Rosenkild. Secretary's Report: The minutes for September 14, 2009 were read. Ann noted that the name of the theatre group performing at the Fair and listed in the minutes is the Lori { Williams Theatre Group and not the Louise Williams Theatre Theatre Group. After clarification, the minutes were approved on a motion by Ann, seconded by Frances. All in favor. Motion carried. Treaurer's Report: The budget shows a balance of 1,088.26. The Petty Cash balance is $51.39. Masako presented lists of supplies for the committee to view. Ater discussion,,it was decided that Masako will purchase the needed supplies and then submit the receipts to the City for reimbursement. Historical Report: Frances handed Shelly several newspaper clippings for the scrapbook. Old Business: 281h Annual Country Fair, Saturday,November 7, 2009 Ann reported that 15 applications have been received including 2 applications for the Chili Contest and 2 applications for the Children's Baking Contest. Ann added that she (� has many more contacts and will have more applications by the end of the month. The committee approved the posters for the Fair. Masako and Gloria will distribute the posters to the local businesses. Shelly will bring the banner to the next meeting and also, after minor changes, the billboards used previously will again be used for this year's Fair. Among the activities featured will be the Grand Terrace Woman's Club Barbeque and the Friend's of the Library Used Book Sale. Ranelle Noble will also provide face painting for the children/public. Currently, the program is as follows: 9:50 AM Arrival of judges for the food contests 10:00 AM Judging begins 11:00 AM End of judging (approximately) 1:15 VNI Lori Williams Cheatre Group performs ((;rand Yerrace COUNCIL AGENDA ITEM NO.(�'j�`C� 1 Community Players) 2:30 PM Award's Program Shelly will tend to the awards certificates. Food judges are as follows: Claire Kidd,Grand Terrace Woman's Club President Fred Tetley, Lion's Club President Sally Mc Guire, Chamber of Commerce President Brenda Mesa, City Clerk Vic Sumner or Debra Hurst, Prominent Grand Terrace Residents It was decided that vendors will fill out name tags provided by the committee. After discussion, the committee decided that, for next year, the applications will specify that only classes related to the Fair such as classes for gardening, baking, or art are welcomed. An aerobics class, for example, is not considered to be fair-related and will not be allowed. The committee unanimously selected(subject to approval by the City Council) Peggy Reagan to be the new committee member on a motion by Ann, seconded by Masako. All in favor. Motion carried. New Business: 31"Anniversary Potluck Dinner,Tuesday, December 8, 2009 The theme for this year's potluck will be the city's-4-H Club, spotlighting the beginning and ending of the 4-H Club in Grand Terrace. The display case will also reflect the same theme. More discussion to follow at a later date. The meeting was adjourned at 8:20 p.m. The next committee meeting is scheduled for November 2, 2009. RgSpectfully Submitted, Id �- na Ybar(� Secretary FF CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE .VUV U _ 2099 Regular Meeting ,ATY OF GRAND TERRACE MINUTES CITY CLERK'S DEPARTMENT October 6, 2009 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 and minutes were distributed. MEMBERS PRESENT—Vic Pfennighausen, Randy Halseth, Glenn Nichols and JoAnn Johnson. 1 MEMBERS ABSENT—Jim Vert, Debra Hurst, Lew Neeb, Susan Taylor, Hanni Bennett and Oscar 1 Santana. CITY STAFF—Matt Wirz GUESTS PRESENT/INTRODUCTIONS—None. CORRESPONDANCE/COMMUNICATIONS—None. APPROVAL OF AGENDA with motion by JoAnn Johnson and second by Glenn Nichols. APPROVAL OF MINUTES OF SEPTEMBER 1, 2009 with motion by Randy Halseth and second by Glenn Nichols. LIAISON REPORT by Matt Wirz. a. Have requested grant money and will probably get a bit over$4060. Funds may possibly cover a standing wave meter and either a computer and printer or a Honda generator, but not both. There may be another way to get a computer and printer. b. The city attorney has reviewed licensing for the AM Broadcast Radio and feels it may be better to go with our own resources, at least initially. c. Community Day went very well and there were a lot of volunteers. By eliminating two Concerts in the Park, more funds were available for this event. Barry Owens gets a lot of credit for all her involvement. d. The car show was a little smaller than in the past, but very good. e. On October 17`h there will be a great paint out for all the block walls along Mt. Vernon from Barton Road to Main Street and possibly down Main Street. There will be block captains and the work will be done by volunteers. In the end, all the walls will be the same color. f. There will be a Halloween Haunt on October 301h from 5:30 to 8:30 at Rollins Park. Entertainer will be magician/escape artist Curtis Lovell, 11. S. There is no news regarding prospective new City !Manager applicants. COUNCIL AGENDA ITEM NO. 1 I i I I i i EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. October 151h at 10:15 am will be the Great Shakeout, formerly the Golden Guardian. The County doesn't seem to be advertising this event, possibly do to financial problems. b. We will not be participating, but Vic feels that Acting City Manager, Bernie Simon should be made aware of the event. c. We will probably do our exercise in April. d. Reminder to all who have MURS radios that they must be completely discharged and recharged once a month to keep them in top condition and ready to use. e. All other equipment is working very well. f. Vic has been getting help from Dragos for the broadcast radio and using the equipment. I UNFINISHED BUSINESS NEW BUSINESS I a. Vic would very much like some help for Monday Work Days. Glenn will see'if he can find some time and Randy will also. Susan may be able to help a little later on. JloAnn is not able to do much because of the extended needs at the Senior Center. b. CERT helped with the Car Show on September 121h and will be involved in activities on October 10`h and 14`h as well as in the Loma Linda City Fair on October l 8`h.. c. CERT has 11 people currently going through training. Some are taking the training in Colton and some in Loma Linda, but all are with the Grand Terrace CERT.. d. Randy is working on a calling tree but it has not been finalized yet.. f TRAINING/SPEAKERS—Nothing planned at this time. ADJOURNMENT at 7:00 p.m. i JoAnn Johnson, Secretary NEXT MEETING WILL BE TUESDAY, OCTOBER 6, 2009 AT 6 P.M. I I I i I i i I ' I I