02/14/1991 FILE COPY
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GRAND TERR,C
�'V�'M�E. ��•
FEBRUARY 14, 1991
22795 Barton Road
Grand Terrace CITY OF GRAND TERRACE
California 92324-5295
Civic Center
(714) 824-6621
Regular Meetings
2nd and 4th Thursday - 6:00 p.m
Byron R Matteson
• Mayor
* E Hugh J Grant
Mayor Pro Tempore
a 9
Gene Carlstrom
Ronald M Christianson
Herman Hilkey _
Council Members
Thomas J Schwab
City Manager
Council Chambers
Grand Terrace Civic Center
22795 Barton Road
Grand Terrace, CA 92324-5295
�4
REVISED
CITY OF GRAND TERRACE
REGULAR COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS February 14, 1991
GRAND TERRACE CIVIC CENTER 6 00 P M
'9795 Barton Road
* Call to Order -
* Invocation - Pastor Lowell Hamill , Praise Fellowship Foursquare Church
* Pledge of Allegiance -
* Roll Call -
STAFF
RECOMMENDATIONS COUNCIL ACTION
CONVENE COMMUNITY REDEVELOPMENT AGENCY --
1 Approval of 1/31/91 Minutes Approve
2 Approval of Check Register No CRA021491 Approve
;ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL
1 Items to Delete
2 SPECIAL PRESENTATIONS
None
3 CONSENT CALENDAR
The following Consent Calendar items are
expected to be routine & non-controversial
They will be acted upon by the Council at
one time without discussion Any Council
Member , Staff Member or Citizen may request
removal of an item from the Consent Calendar
for discussion
A Approve Check Register No 021491 Approve
B Ratify 02/14/91 CRA Action
C Waive full reading of Ordinances on Agenda
COUNCIL AGENDA STAFF
02/14/91 - Page 2 of 2 RECOMMENDATION COUNCIL ACTION
D Approve 1/18/91 and 1/31/91 Minutes Approve
E Planning Commission Stipends Approve
410 F Final Parcel Map 13404 Approve
4 PUBLIC COMMENT
5 ORAL REPORTS
A Committee Reports
None
B Council Reports
6 PUBLIC HEARINGS
A Curbside Recycling Program Approve
iii UNFINISHED BUSINESS
A Voting of Representatives for Government
Boards and Political Issues
8 NEW BUSINESS
A Mid-year Budget Adjustments
9 CLOSED SESSION
ADJOURN
THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL
BE HELD ON FEBRUARY 28, 1991 AT 6 00 P M
AGENDA ITEM REQUESTS FOR THE 2/28/91 MEETING
MUST BE SUBMITTED IN WRITING TO THE CITY
CLERK'S OFFICE BY NOON 2/21/91
CITY OF GRAND TERRACE PENDING CRA APPROVAL
COMMUNITY REDEVELOPMENT AGENCY MINUTES
REGULAR MEETING - JANUARY 31, 1991
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 January 31 , 1991 , at 6 00 p m
PRESENT Byron Matteson , Chairman
Hugh J Grant, Vice-Chairman
Gene Carlstrom, Agency Member
Ronald Christianson , Agency Member
r Herman Hilkey, Agency Member
Thomas J Schwab , Executive Director
Randall Anstine, Assistant City Manager
Brenda Stanfill , Deputy City Clerk
David Sawyer, Community Development Director
ABSENT John Harper, City Attorney
Joe Kicak , City Engineer
APPROVAL OF JANUARY 10, 1991 CRA MINUTES
CRA-91-03 MOTION BY VICE-CHAIRMAN GRANT, SECOND BY AGENCY MEMBER CARLSTROM,
CARRIED 5-0, to approve January 10, 1991 CRA Minutes
APPROVAL OF CHECK REGISTER NUMBER CRA013191
CRA-91-04 MOTION BY CHAIRMAN MATTESON, SECOND BY VICE-CHAIRMAN GRANT, CARRIED
5-0, to approve Check Register Number CRA013191
Mayor Matteson adjourned the CRA meeting at 6 08 p m , until the
next regular City Council /CRA meeting, which is scheduled to be
held on Thursday, February 14, 1991 at 6 00 p m
SECRETARY of the City of Grand Terrace
CHAIRMAN of the City of Grand Terrace
C R A AGENDA ITEM NO. 1.
CITY OF GRAND ' RACE
COMMUNITY REDEVELOPMENT AGENCY
DATE FEBRUARY 14, 1991 CHECK REGISTER NO CRA021491
BECK OUTSTANDING DEMANDS AS OF FEBRUARY 14, 1991
JMBER VENDOR DESCRIPTION AMOUNT
?923 BANK OF AMERICA PAYMENT ON THE CIVIC CENTER $151,346 92
TOTAL $151 ,346 92
I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF THE
COMMUNITY REDEVELOPMENT AGENCY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND
APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY
C)
DO
CDTHOMAS SCHWAB C)
TREASURER
3,
NE
PENDIN61 CITY
CITY OF GRI' 1 ERRACC COUNCIL i 'R01/AL
DATE FEBRUARY 14, 1991 CHECK REGISTER NO 021491
CHECK OUTSTANDING DEMANDS AS OF FEBRUARY 14, 1991
NUMBER VENDOR DESCRIPTION
AMOUNT
P7082 SOUTHERN CA EDISON COMPANY CASH PAYMENTS, 1/24/91
P7083 SOUTHERN CA GAS COMPANY $ 387 94
CASH PAYMENTS, 1/24/91 585 88
P7084 SOUTHERN CA EDISON COMPANY CASH PAYMENTS, 1/28/91
P7085 SOUTHERN CA GAS COMPANY 96 87
CASH PAYMENTS, 1/28/91 198 41
P7086 CA PARKS & RECREATION ANNUAL CONFERENCE (REPLACE VOID CHECK)
P7087 SOUTHERN CA EDISON COMPANY CASH PAYMENTS, 1/31/91 192 00
P7088 SOUTHERN CA GAS COMPANY 93
CASH PAYMENTS, 1/31/91 153 59
P7089 PERS FOR PAYROLL ENDING 2/1/91
P7091 APEX ELECTRIC 2,408 36
REPAIRS, CIVIC CENTER 450 00
P7092 SOUTHERN CA EDISON COMPANY CASH PAYMENTS, 2/5/91
P7093 SOUTHERN CA GAS COMPANY 407 94
CASH PAYMENTS, 2/5/91 366 63
22915 PARKER & SON PUBLICATIONS CA LABOR CODE, 1991
22916 0 I C B 0 28 57
UNIFORM MECHANICAL CODE, ENGINEERING 29 61
22917 C WILDEN PUMP & ENGINEERING REFUND, BUILDING PERMIT
22918 MAX ARCHER 35 00
REFUNDABLE DEPOSIT, STREET CUT 500 00
22919 F- ERIC JOHNSON REFUND, BUILDING PERMIT
22920 > ACCENT PRINT & DESIGN 25 00
BUSINESS CARDS, COUNCIL PACKET COVERS, LETTERHEAD 1,707 34
22921 T RANDALL ANSTINE AUTO ALLOWANCE, FEBRUARY, 1991
22922 C9 AUTOMATIC IRRIGATION SERVICE REPAIR CONTROLLER,PARK ON DEBERRY 107 00
22924 � BASTANCHURY BOTTLED WATER 107 90
BOTTLED WATER FOR CIVIC CENTER 111 34
?2925Si
El STATE OF CALIFORNIA MAINTENANCE/ENERGY FOR LIGHTS AT BARTON/215, DECEMBER, 1990 103 22
?.2926if: CITY OF COLTON WASTE WATER DISPOSAL SERVICES FO
R FEBRUARY, 1991 33,359 81
-'2927 c).> DAVE' S TROPHIES AWARDS FOR SLO—PITCH SOFTBALL (CO—ED)
''2928 1) EWING IRRIGATION SUPPLY 100 00
IRRIGATION SUPPLIES, PARKS 31 04
1
CITY OF GRAND TERRACE
DATE FEBRUARY 14, 1991 CHECK REGISTER NO 021491
CHECK OUTSTANDING DEMANDS AS OF FEBRUARY 14, 1991
NUMBER VENDOR DESCRIPTION AMOUNT
22929 GOVERNMENT FINANCE OFFICERS MEMBERSHIP FOR 1991 $ 115 00
22930 HAROLD' S EMPLOYEE AWARDS 101 18
22931 HONEYWELL, INC MAINTENANCE ON HVAC UNIT, CIVIC CENTER, FEB 1991 1,043 00
22932 INMARK NAME BADGES 43 79
22933 KICAK & ASSOCIATES ENGINEERING SERVICES, 12/31/90-1/27/91 15,752 13
22934 LEAGUE OF CA CITIES BOOKLET, CITY ATTORNEYS PAPERS 34 95
22935 OTIS ELEVATOR COMPANY MAINTENANCE ON ELEVATOR, FEBRUARY, 1991 209 94
22936 PAGENET AIR TIME/MAINTENANCE, PAGERS, FEBRUARY, 1991 33 00
22937 PETTY CASH FOR CHILD CARE 399 02
22938 ROYAL CARE LANDSCAPE MAINTENANCE, TERRACE PINES, FEBRUARY, 1991 290 00
22939 COUNTY OF SAN BERNARDINO WEED ABATEMENT FOR 1990 2,000 00
22940 COUNTY OF SAN BERNARDINO DUMPING CHARGES FOR 12/18/90-1/15/91 652 50
22941 THOMAS SCHWAB AUTO ALLOWANCE FOR FEBRUARY, 1991 , REIMBURSEMENT FOR
LEAGUE OF CA CITIES CONFERENCE, CSMFO CONFERENCE, HRI
CONFERENCE, AND CHAMBER LUNCH 330 57
22942 LOUISE SMITH REIMBURSEMENT FOR OFFICE SUPPLIES 68 60
22943 SMART & FINAL IRIS COMPANY SUPPLIES FOR CHILD CARE 150 50
22944 SOUTHERN CA EDISON COMPANY ELECTRIC FOR ONE CITY BUILDING, TWO LIGHTS AT PARK ON
DEBERRY, AND THREE SIGNALS 401 85
22945 STATE COMPENSATION INSURANCE BALANCE FOR WORKERS COMPENSATION INSURANCE, 1990 1,078 24
22946 THE SUN NOTICE OF PUBLIC HEARINGS 393 93
22947 TRI-COUNTY OFFICIALS UMPIRES FOR SLO-PITCH SOFTBALL, 1/16-1/31/91 162 00
22948 UNOCAL FUEL FOR CITY TRUCKS AND EQUIPMENT _ 354 63
TOTAL $ 65,787 21
_) 2
CITY OF GRA TERRACE
DATE FEBRUARY 14, 1991 CHECK REGISTER NO 021491
CHECK OUTSTANDING DEMANDS AS OF FEBRUARY 14, 1991
NUMBER VENDOR DESCRIPTION AMOUNT
I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF CITY
LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE
OPERATION OF THE CITY
THOMAS SCHWAB
FINANCE DIRECTOR
3
,
CITY OF GRAND TERRACE PENDING CiTY
CITY COUNCIL MINUTES COUNCIL APPROVAL
SPECIAL MEETING - JANUARY 18, 1991
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 January 18, 1991, at 6 00 p m
PRESENT Byron Matteson , Mayor
Hugh J Grant, Mayor Pro Tem
Gene Carlstrom, Councilmember
Ronald Christianson , Councilmember
Herman Hilkey, Councilmember
Thomas J Schwab, City Manager/Finance Director
Randall Anstine, Assistant City Manager
ABSENT David Sawyer , Community Development Director
Brenda Stanfill , Deputy City Clerk
John Harper , City Attorney
Joe Kicak, City Engineer
The meeting was opened with the Pledge of Allegiance led by Mayor Pro Tem
Grant
Mayor Matteson convened City Council meeting at 6 00 p m
1 Award the Interim Planning Services Contract
CC-91-09 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM,
CARRIED 5-0, to approve an Agreement for the Community Development
Director to serve as the Interim Planner for a period of three
months, with two possible extensions up to the maximum date of June
30, 1991
2 Presentation on a Park & Open Space District
Jerry Newcombe , Interim Director of the County Regional Parks
Department, gave a presentation on the proposal to form a Regional
Park & Open Space District in San Bernardino County, which will be
a special benefit assessment district for purposes of addressing
some of the impacts of growth in the valley areas
3 Appoint Applicant to fill the Planning Commission vacancy
CC-91-10 MOTION BY COUNCILMEMBCR HILKEY, SECOND BY COUNCILMEMBER CARLSTROM,
CARRIED 5-0, to appoint Ron Wright as Planning Commissioner
COUNCIL AGENDA ITEM # 3 D
Council Minutes - 1/18/91
Page 2
CC-91-11 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEMBER HILKEY,
CARRIED 5-0, to approve Donald Alvarez as the alternate to fill the
Planning Commission post in the event of a vacancy within the next
60-90 days
Mayor Matteson reported that Council went into Closed Session to fill the
Planning Commission vacancy No other decisions were made
ORDER OF ADJOURNMENT
Mayor Matteson adjourned the City Council meeting at 9 00 p m ,
until the next regular CRA/City Council meeting, which is scheduled
to be held Thursday, January 31, 1991
Deputy City Clerk of the City of
Grand Terrace
MAYOR of the City of Grand Terrace
PENDING CiTY
COUNCIL APPROVAL
CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING - JANUARY 31 , 1991
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 January 31 , 1991 at 6 00 p m
PRESENT Byron Matteson , Mayor
Hugh J Grant, Mayor Pro Tem
Gene Carlstrom, Councilmember
Ronald Christianson , Councilmember
Herman Hilkey, Councilmember
Thomas J Schwab , City Manager/Finance Director
Randall Anstine, Assistant City Manager
Brenda Stanfill , Deputy City Clerk
David Sawyer , Community Development Director
ABSENT John Harper, City Attorney
Joe Kicak , City Engineer
The meeting was opened with invocation by Pastor Salim Elias , Azure Hills
Seventh-Day Adventist Church, followed by the Pledge of Allegiance led by
Councilmember Hilkey
Mayor Matteson convened City Council meeting at 6 00 p m
Mayor Matteson reconvened City Council meeting at 6 08 p m
ITEMS TO DELETE
7A - Curbside Recycling Program
7C - Voting of Representatives for Government Boards and
Political Issues
SPECIAL PRFSENTATIONS
2B A 10-year service award was presented to Barbara Michowski , the
Assistant Finance Director
CONSENT CALENDAR
CC-91-09 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED
5-0, to approve the Consent Calendar
COUNCIL AGENDA ITEM #3
Council Minutes - 1/31/91
Page 2
A APPROVE CHECK REGISTER NO 013191
B RATIFY 01/31/91 CRA ACTION
C WAIVE FULL REPDING OF ORDINANCES ON AGENDA
D APPROVE 1/10/91 MINUTES
E ADOPT STANDARD CONFILICT OF INTEREST CODE
F BID AWARD - STREET STRIPING
G AMEND 10/25/90 MINUTES
PUBLIC COMMENT
Dennis Evans , 22064 DeBerry, Grand Terrace , queried the Council for the
definition of a public document , specifcally referring to the Joint
Powers Insurance Agreement He questioned the City Manager as to when
he had sued the City and expressed dissatisfaction with the cessation
of the discussion
City Manager Schwab, commented that public information is anything that
is not a personnel or legal matter He stated that our Attorney
indicated that the Joint Powers Insurance Agreement is priviledged
information due to litigation involving Mr Evans and the City
Mayor Matteson , stated that the City Attorney advised Council not to
discuss the matter that is currently in litigation , and directed Mr
Evans to have his attorney contact the City Attorney
John R Taylor, 27843 Vista Grande Way, Grand Terrace, questioned the
status of the new senior building
City Manager Schwab, indicated that Council awarded the off-site
improvements for the Senior Center at their meeting of January 10,
1991 He stated that the actual modular unit is designed to be
elevated above ground but that Council had decided to incur the
additional expense of subterranean mounting, negating the need for
access ramps He added that lighting , minimal street improvements on
the frontage of the site, and an 80-car parking lot were other off-site
improvements that were approved He indicated that the completed
modular unit is currently in storage on a lot in the City, adding that
the contractor will be given a Notice to Proceed once the required
bonds are posted He commented that when the project begins, the
contractor will have 60-days to complete the off-site improvements ,
stating that the ribbon cutting ceremony and the opening of the
building will occur in approximately two months
Council Minutes - 1/31/91
Page 3
Gene McMeans , 2025 S Glenwood , Colton , introduced himself as a
Director of the Chamber of Commerce and commented that the Chamber will
have the Planning and Organizing Retreat on Saturday, February 2, 1991
from 8 30 a m to 1 00 p.m at the Comrmunity Meeting room in City Hall
Debra Mueller, 22608 La Daix , Grand Terrace, expressed concern about
the increase of graffiti in the City, stating that graffiti needs to be
removed promptly in order to prevent additional graffiti , gang
( ,
congregations in the area , an increase in the local crime rate, and the
—1 implication that the citizens are apathetic about the appearance of
their City. She indicated that other cities have adopted graffiti
removal policies, adding that San Bernardino is considering formalizing
their current policy She stated that the City needs to develop a
formal or informal policy to enforce graffiti removal within 24 hours
of its discovery. She suggested that Council read the article about
graffiti which appeared in the January 27, 1991 issue of the Sun
newspaper. She expressed dissatisfaction with the 60-90 day delay in
removing graffiti through formal action , stating that, informally,
graffiti can be removed within 48 hours
Mayor Pro Tem Grant , concurred with Ms. Mueller ' s assessment of the
situation , adding that the City of Yucaipa has a graffiti hotline He
commented that a formal or informal policy is contingent upon the
response time involved to resolve the situation, adding that an
informal policy would probably entail a faster response time He
-� expressed support for any formal or informal graffiti removal policy,
stating that prompt removal does seem to discourage further markings
Mayor Matteson , queried the City Manager as to the City's current
graffiti removal policy
City Manager Schwab , stated that the City relies on citizen reports of
graffiti on any public rights-of-way and added that we utilize work
release crews to perform the actual removal He stated his belief that
there is merit in developing a policy to remove graffiti on private
property also. He indicated that he is willing to meet with Ms
Mueller in order to establish an appropriate policy for Grand Terrace.
Ed O ' Neal , 22608 Minona Drive, Grand Terrace , referred to a letter sent
to Council , dated January 29, 1991 , from the Concerned Citizens of
Grand Terrace regarding waste stream reduction in the City The letter
states that , "The concerned Citizens of Grand Terrace request the City
Council not to approve the proposed curbside ' recycling ' program for
the City This request is defended by the uncertainity of the eventual
factors , affecting waste stream reduction , which communities will be
mandated to implement in order to be in compliance with AB 939 " He
stated further that he will speak again regarding this matter at the
Public Hearing on February 14, 1991 , indicating that he desires a
response to the effectiveness of the program He questioned how the
waste stream reduction can be measured and stated that the program is
discriminatory He commented additionally that the program competes
with current scavenging and other recycling operations He also
implied that the public is sufficiently educated to recycle their own
Council Minutes - 1/31/91
Page 4
waste, adding that the amount of materials to be recycled exceeds the
availability of depository facilities He indicated that the program
may actually increase the waste stream as citizens increase the amount
of waste deposited through the program to compensate for the cost of
the service He added further that gargabe transported in the trucks
becomes the legal responsibility of the carrier and that County dumps
may reject any hazardous materials , requiring the carriers to travel
farther to other dumps He indicated that the City assumes the ,
haulers ' cost He commented that the establishment of a trust fund is
redundant since there are youth organizations, such as the Boy Scouts ,
that assist in recycling He added that a large percentage of waste is
biomass, which produces gases during decay, adding that this can cause
problems in disposal . He stated that the San Timeteo Dump can accept
all the composting waste from Loma Linda and Grand Terrace for $4 00
per ton although the hauler is presently paying $24 00 per ton He
stated that the waste is being buried at the County site while it is
being recycled through the sale of the material as compost at the San
Timeteo site He stated that the County charges $10 00 minimally to
dispose of yard waste, yet the same load can be dumped for no charge at
the San Timeteo location
Barbara Pfennnighausen, 22111 Ladera St , Grand Terrace, requested
clarification regarding the relationship between litigation and the
disclosure of public documents She questioned whether the Zoning Code
could be withheld from her if she were involved in litigation with the
City regarding a zoning issue She inquired as to why the City
Attorney was not present at the meeting and requested that her
questions be answered by the City Attorney in writing She expressed
her belief that public documents must be made available to the public
and stated that such documents remain public regardless of litigation
Mayor Matteson , stated that he wished to refrain from discussing the
nature of public documents without the presence of legal council He
stated that the City Atorney was absent due to an error in
communicating the meeting date to the attorney ' s office and directed
the City Manager to instruct the City Attorney to write to Ms
Pfennighausen regarding the City ' s position on the matter
ORAL REPORTS
5A Committee Reports
1 Historical & Cultural Committee
(a) Minutes of 1/7/91
CC-91-10 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER
CHRISTIANSON, CARRIED 5-0, to accept the Historical & Cultural
Committee Minutes of January 7, 1991
(b) Appoint new member
Council Minutes - 1/31/91
Page 5
CC-91-11 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER
CHRISTIANSON, CARRIED 5-0, to appoint Hazel Fuller as a regular
member of the Historical & Cultural Committee
2 Crime Prevention Committee
( a) Appoint new members
;' CC-91-12 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER
CHRISTIANSON, CARRIED 5-0, to appoint Earl M Litts as a regular
member and Philomene Spisak as an alternate member of the Crime
Prevention Committee.
5B Council Reports
Councilmember Hilkey, expressed appreciation to Staff for printing
the Agenda packet on both sides of the page He made a reference
to a report which he received from the City Manager and the City
Engineer regarding the speed limit on Minona Drive and the
requested light at the corner of Honey Hill Drive and Barton Road,
stating that there are eight warrants that would justify a street
light at the corner of Honey Hill Drive and Barton Road He
explained that 500 vehicles must traverse Barton Road per hour with
150 vehicles on Honey Hill Drive or Grand Terrace Road He stated
further that another prerequiste would be 600 vehicles per hour and
150 pedestrians near a school to justify a light at any given
location He stated that all the guidelines or 80 percent of a
combination of them must be met to justify a light at any
location He expressed his belief also that Grand Terrace Road
should be straightened He referenced an informational report he
distributed to Council , commenting that BFI is a large corporation
which is not concerned with ecology or Grand Terrace but rather
with return on investment and risk management He implied that
caution should be used when dealing with BFI
Councilmember Christianson , indicated that he recently attended the
League of California Cities Mayor and Councilmembers Institute with
the City Manager He mentioned a packet he received from We Tip,
which requested that the City join as a member of the
organization He asked that Council refer the matter to the Crime
Prevention Committe to determine whether the City would benefit by
joining We Tip
Mayor Matteson , directed the City Manager to communicate the
request from We Tip to the Crime Prevention Committee
Mayor Pro Tem Grant, commented for the record that he did receive
the monthly copy of the Measure I disbursement, in the amount of
$13,776 00, from the Assistant Director of SANBAG, adding that
Councilmember Carlstrom should he receiving the information since
Councilmember Carlstrom is the SANBAG representative He expressed
Council Minutes - 1/31/91
Page 6
his delight at the number of American flags that are being flown in
the City and encouraged the citizens to continue to do so until our
troops return to this country
Mayor Matteson , added that flags and yellow ribbons do not
represent support for the war but rather for the servicemen and
women who are overseas He indicated that we have received the
Census report and stated that the current population is 10,946. He
referred to a letter he sent to Congressman Lewis in
December 1990 requesting a Post Office or zip code for Grand
Terrace, indicating that the matter was referred to the Post
Office He read from the letter he received from the Post Office,
stating that, "The number of available zip codes have been
exhausted Zip Codes are set up not by City boundaries but by
geographical areas We have many cities who have recently
incorporated, and we have had to deny the requests for unique zip
codes We are in the process of seeking and establishing another
neighborhood Post Office to service the community of Grand
Terrace " He added that that request was also denied He
announced that the California Integrated Waste Management Board
will hold a meeting on February 14, at the University of Redlands,
1200 East Colton Avenue, from 9 00 a m to 5 00 p m at the
Conference Center He thanked Councilmember Hilkey for his research
on BFI
UNFINISHED BUSINESS
7B Code Enforcement Report CD91-1 (Horse Property)
CC-91-13 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER HILKEY, CARRIED
5-0, to direct Staff to begin abatement proceedings and to enforce
the law as it is written , limiting the number of horses at the
property at 22873 Pico Avenue to a maximum of six
2A Formation of a Park & Open Space District
CC-91-14 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER
CHRISTIANSON, CARRIED 3-2 (MAYOR MATTESON AND MAYOR PRO TEM GRANT
VOTED NO) , to adopt a Resolution to place the Park & Open Space
District on the June 4, 1991 ballot for voter approval
NEW BUSINESS
8A Consideration of Mandatory Refuse Exemptions
CC-91-15 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY MAYOR MATTESON,
CARRIED 3-2 (COUNCILMEMBER CHRISTIANSON AND MAYOR PRO TEM GRANT
VOTED NO) , to grant all presented refuse collection exemptions
8B Pico Park Development
Council Minutes - 1/31/91
Page 7
CC-91-16 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED
5-0, to approve the Edison Pico Park Development plan as presented
and approve submitting the plan to the Southern California Edison
Company for project approval
Mayor Matteson reported that Council went into Closed Session to discuss
litigation and to direct the City Attorney to prepare an Agreement for the
purchase of real estate at 22400 Barton Road
ORDER OF ADJOURNMENT
Mayor Matteson adjourned the City Council meeting at 8 25 p m , until
the next regular CRA/City Council Meeting , which is scheduled to be
held Thursday, February 14, 1991
Deputy City Clerk of the City of
Grand Terrace
MAYOR of the City of Grand Terrace
DATE February 7 , 1991
STAFF REPORT
CRA ITEM ( ) COUNCIL ITEM ( XX ) MEETING DATE Feb 14 , 1991
SUBJECT PLANNING COMMISSION STIPENDS
FUNDING REQUIRED XX
NO FUNDING REQUIRED
The Planning Commission , at the meeting of January 17 , 1991 ,
addressed the issue of increasing Planning Commission stipends
The Planning Commission currently receives $35 00 per meeting and
they are requesting an increase to $50 00 per meeting , which
would average $ 100 00 per month
Attached is a survey of small to medium- size cities regarding the
stipends that are granted in these communities The rates range
from a low of no compensation in Highland , Banning and Redlands ,
to a high of $324 00 per month in the City of Loma Linda
At the current rate of two meetings per month , Planning
Commission stipends are budgeted at approximately $5 , 880 00
annually An increase of the stipend to $50 00 per meeting would
require an appropriation of $8 , 400 00 , an increase of $2 , 520 00
per year
The Planning Commission , in addition to its duties as Planning
Commission , serves as our Architectural Review Board , as well as
performing the difficult task of serving as the appellate body
for nuisance abatement hearings Staff feels it would be
appropriate , due to the level of responsibilities that the
Planning Commission is given , that stipends be increased from
$35 00 to $50 00 per meeting
STAFF RECOMMENDS
1 COUNCIL AUTHORIZE STIPEND INCREASE TO $50 00 PER MEETING
2 COUNCIL AUTHORIZE APPROPRIATION OF $2 , 500 00 FROM THE GENERAL
FUND UNAPPROPRIATED RESERVE
TS yjm
COUNCIL AGENDA ITEM # 3L.
PLANNING COMMISSION MEETING STIPEND COMPARISONS
1 Redlands - not compensated
2 Loma Linda - $324/month
3 Rancho Cucamonga - $100/month whether they attend of not, as there
are 2 separate design review meetings per month
in addition to the 2 regular meetings
4 Highland - not compensated
5 Banning - not compensated
6 Colton - $35/meeting (chairman)
$30/meeting (commissioners)
7 Hemet - $20/meeting
S Pciris - $220/month
9 Lake Elsinore - $50/meeting (workshops receive payment also -
no more than 3 workshops per month are paid)
1-29-91
DATE February 11 , 1991
STAFF REPORT
CRA ITEM ( ) COUNCIL ITEM (xx) MEETING DATE February 14, 1991
SUBJECT FINAL PARCEL MAP 13404
FUNDING REQUIRED
NO FUNDING REQUIREDX
Tentative Parcel Map located on Vista Grande Way was previously
approved by the Planning Commission as well as the City Council
subject to certain conditions These conditions have all been met , it
is therefore appropriate for the City Council to approve the final
Parcel Map 13404
STAFF RECOMMENDS
THAT THE CITY COUNCIL APPROVE FINAL PARCEL MAP 13404.
JK dlk
COUNCIL AGENDA ITEM# 3F
DATE January 22 , 1991
STAFF REPORT
CRA ITEM ( ) COUNCIL ITEM ( x ) MEETING DATE February 14 , 1991
SUBJECT CURBSIDE RECYCLING PROGRAM
At the meeting of January 10 , 1991 , the City Council entertained
a proposal to provide city-wide curbside recycling Several
areas of concern were aired during the Council discussion as
follows
1 A shorter termination provision and wording allowing
modification of the agreement should recycling technology
substantially improve
We added a new Section 5 .8 entitled "Terminations Due
To Changes In Technology , " which allows the City an
option to terminate the contract We are , however ,
giving the contractor first right of refusal for pro-
viding technology or service .
Also added was Section 5 . 9 entitled "Termination Due To
Contractor ' s Unsatisfactory Performance " This section
gives the City the right to terminate the contract
should the contractor fail to perform the duties required
2 Contract Held Harmless -- The contractor held harmless
unless liability contributed by agent of the City
Then , in Section 2 1 the contractor is designated as
agent of the City for the purposes of selling or dis-
posing of recycled materials Section 2 1 has been
modified so as not to designate contractor as our agent
3 Concerns were aired regarding the rate structure ,
particularly , how the income statment would be
affected by the tonnage of recycled materials that
would not be going to the landfill and , thereby ,
saving the franchise hauler dump fees .
In discussions with BFI /Loma Linda Disposal Company ,
there was a reluctance to try and estimate the
amount of tonnage pulled out of the waste stream
for the purposes of reducing the refuse or recycling
rate The contractor acknowledges that some savings
Mu t.h\7L)J ITEM # (0A
STAFF REPORT -- CITY-WIDE CURBSIDE RECYCLING
January 31 , 1991
Page Two
would occur and would want the savings to be extended
to those individuals needing rate reductions The
contractor is offering a ten percent senior citizen
discount on the base refuse rate of $ 11 00 Therefore ,
residential refuse and recycling rates would be $ 12 . 94
per month for single family homes and a rate of $ 11 84
for senior citizens
4 Lack of incentive was an issue that was also discussed
It was suggested by Council Member Hilkey that perhaps
the money could be utilized for youth sports and
recreational activities Staff is proposing to set
up a Youth Activities Trust Fund which would receive
the proceeds of the sale of recyclable materials
Those funds could only be used for youth activities
and mar;eting the recycling program . This would
provide an incentive to the homeowner to recycle
material to enhance funding available for youth
activities
STAFF RECOMMENDS THAT
1 COUNCIL ADOPT THE AMENDED CONTRACT WITH BFI / LOMA LINDA
DISPOSAL COMPANY TO PROVIDE RECYCLING SERVICES .
2 COUNCIL ADOPT A RESOLUTION SETTING THE NEW REFUSE RATE
AT $ 12 94 FOR STANDARD SINGLE FAMILY COLLECTION AND
RECYCLING SERVICES AND THE DISCOUNT RATE OF $ 11 84 FOR
SENIOR CITIZENS THE RATES WILL BE EFFECTIVE WHEN
RECYCLING SERVICES BEGIN
TS bt
Attachment
RECYCLING AGREEMENT
THIS RECYCLING AGREEMENT made and entered into this day of
, 1991 , by and between the City of Grand
Terrace , California ( "City" ) and Loma Linda Disposal Company ,
Inc ( "Contractor" )
WITNESSETH
WHEREAS , Contractor submitted to City a RecycleNOW Proposal dated
December 6 , 1990 in an effort to initiate a curbside recycling
program for each residence in the City ( the " RecycleNOW
Program" ) , and
WHEREAS , the City Council of City will approve a resolution
providing for the implementation of the RecycleNOW Program , and
WHEREAS , in connection with the RecycleNOW Program the City
Council of City has determined that City should procure the
services of Contractor to collect , deliver or dispose of
Recyclable Materials ( hereinafter defined ) as provided herein ,
and
WHEREAS , Contractor desires to provide such services to City in
accordance with the terms of this Agreement ,
NOW THEREFORE , in consideration of the agreements contained
herein , the parties agree as follows
1 Provision of Services by Contractor
1 1 Recycling Services Generally
( a ) Contractor shall provide to City in accordance with
and for the consideration provided herein , curbside collection
services ( the " Recycling Services " ) for the collection , delivery
and in some instances , disposal of newspapers , glass , aluminum
cans , tin cans , plastic bottles , waste oil , and any other
mutually agreed upon materials ( collectively the "Recyclable
Materials " and individually a " Recyclable Material " ) , which
services shall include the provision by Contractor of the
supervision , materials , equipment , labor and all other items
necessary to provide such services to City
( b ) Except as otherwise provided herein , the Recycling
Services shall be provided by Contractor to City for each
Residential Unit ( defined below) within the City As used in
this agreement , " Residential Unit " means a dwelling within the
corporate limits of City that is currently being provided with
curbside refuse collection A Residential Unit shall be deemed
occupied when either water or domestic light and power services
are being supplied thereto A condominium dwelling , whether of
single or multi - level construction , consisting of four or less
contiguous or separate single-family dwelling units , shall be
treated as a Residential Unit , except that each single-family
dwelling within any such Residential Unit shall be counted
separately as a Residential Unit
( c ) City and Contractor recognize that due to market
conditions Contractor may be unable to sell a particular
Recyclable Material to a Commodity Buyer ( hereinafter defined ) as
contemplated by Section 2 hereof In such event , ( i ) Contractor
first shall be required to dispose of such Recyclable Material by
delivery to a Commodity Buyer in connection with such delivery
and ( ii ) if Contractor is unable to locate a Commodity Buyer that
will accept such Recyclable Material even upon payment of a fee ,
Contractor shall dispose of such Recyclable Material at a
disposal site City shall be obligated to bear any such fees or
cost of disposal as provided in Sections 2 3 and 2 4 below
Notwithstanding the foregoing , the event a Recyclable Material is
not marketable and a fee must be paid to a Commodity Buyer or
the material must be disposed of at a disposal site , City may
elect to remove such Recyclable Material from the list of items
subject to this Agreement A thirty day period will be used to
determine the feasibility of adding or removing an item from the
list of recyclable materials
-2-
If the City removes a Recyclable Material from the list , City
shall prepare a notice explaining such removal which notice will
be provided by Contractor to each Residential Unit in City
participating at such time in the RecycleNOW Program . If after
removal of a Recyclable Material from the list , such material
becomes marketable , City may add such material back to the list
of items subject to this Agreement , and City shall prepare a
written notice explaining the addition of such material which
notice will be provided by Contractor to each Residential Unit in
the City participating at such time in the RecycleNOW Program
Any such notice to remove or restore a Recyclable Material to the
list shall be effective with respect to a Residential Unit the
day immediately following the day the notice is delivered to such
unit
( d ) Except as provided by Section 1 1 ( c ) above ,
Contractor shall have no obligation to dispose of Recyclable
Materials other than by delivery to a Commodity Buyer , and in no
event should this Agreement be construed as a guarantee by
Contractor of a viable market for Recyclable Materials or as to
the Availability of a Commodity Buyer for a Recyclable Material
1 2 Collection and Hours of Operation
( a ) Contractor shall collect Recyclable Materials from
each Residential Unit two times per month and shall have
satisfied such obligation upon the collection or attempt to
collect ( in the event a container is not at curbside as required
by Section 1 3 ( c ) hereof at such time as Contractor attempts to
collect on the day scheduled for such collection and during the
hours of operation ) Recyclable Materials
( b ) Contractors curbside collection of Recyclable
Materials shall take place only from Monday through Friday
between the hours of 6 00 a m and 5 00 p m Any exception to
such collection days and hours must be acceptable to both City
and Contractor , provided that Contractor may to complete
collection on an existing collection route deviate from such
schedule without the consent of City if Contractor determines in
good faith that an exception is required due to unusual
circumstances such as equipment breakdown
( c ) Contractor shall prepare and submit to City for its
approval ( which approval shall not be unreasonably withheld ) a
designation of collection routes and days of collection
-3-
Notice of the collection routes and days of collection initially
established for the RecycleN01J Program will be provided to all
Residential Units in the promotional literature developed by the
City and provided by Contractor to each Residential Unit in
accordance with Section 1 3 ( b ) hereof City also shall publish at
its expense at least once during each calendar year in the
newspapers published in the immediate area , a map of such
collection routes indicating days of collection The published
map shall be of such size to clearly show all pertinent
information City may elect for Contractor to pay for the cost
of this service and have Contractor reimbursed from the sales of
recycled materials Contractor may from time to time submit to
City for approval proposals for changes in routes or days of
collection , which approval shall not be unreasonably withheld
Upon approval by City of any such proposed changes , Contractor
shall provide written notice or such changes to the affected
Residential Units
( d ) If a scheduled collection day falls on a legal
holiday , Contractor may either make the regular collection on
such day or observe such holiday by suspending service on the
holiday and rescheduling collection for a day within a period
three days prior to and three days after the holiday
Contractor shall provide notice to affected Residential Units of
the day for any such make-up collection
1 3 Collection Equipment
( a ) Contractor shall provide an adequate number of
vehicles to provide the Recycling Services , which vehicles will
be similar to the vehicle described in the RecycleNOW Proposal
dated December 6 , 1990 submitted to City , a copy of which is
attached hereto as Exhibit A All vehicles and other equipment
will be kept in good repair , appearance and in a sanitary
condition at all times Each vehicle will have clearly visible
on each side the identity and telephone number of the Contractor
( b ) Contractor shall , as promptly as practicable ,
immediately following the execution and delivery of this
Agreement by the parties , provide to each Residential Unit one
recycling container together with such promotional literature
concerning the RecycleNOW Program as the City develops and
desires to have distributed to Residential Units Contractor
will bear the cost of all recycling containers initially
delivered to Residential Units and the cost of replacing any
such containers which are damaged by Contractor or must be
replaced due to normal wear and tear
-4-
The cost of replacement for lost or stolen recycling containers ,
or for any reason other than those described herein , shall be
borne by the owner of the Residential Unit requiring such
replacement container City will bear the cost of a new
container when resident moves from premises and takes container
with him All recycling containers , whether provided at the
outset of the program or as replacements , shall be 18 gallon bins
designed for the purpose of curbside collection of Recyclable
Materials and made from recycled plastic of such color and with
such logo as shall be required by City
( c ) City and Contractor agree that Contractor may
decline to collect recycling containers which have not been
placed at curbside for collection , or in the event construction
work is being performed in the right-of-way , as close as
practicable to an access point for the collection vehicle
Curbside for this purpose means that portion of a right-of-way
adjacent to paved or traveled City roadways ( including alleys )
1 4 Commingling City and Contractor agree that Contractor ' s
obligation hereunder shall be to collect Recyclable Materials and
Contractor shall not be required to collect Recyclable Materials
commingled with garbage , trash and rubbish normally collected by
sanitation crews Contractor will notify City of the addresses
of Residential Units which commingling occurs to indicate it is
unacceptable for collection
1 5 Effective Date and Term Contractor shall provide the
services under this Agreement for a period of five years
commencing on
2 Delivery or Disposal of Recyclable Materials
2 1 Ownership City and Contractor agree that upon
collection by Contractor of Recyclable Materials , such materials
( and all proceeds therefrom) shall be the property of City and
Contractor is hereby authorized to sell and otherwise dispose of
such Recyclable Materials in accordance with this Agreement
Title to the Recyclable Materials shall pass to City at such time
as they are placed in Contractor ' s collection vehicle , removed by
Contractor from the Residential Unit , whichever last occurs
2 2 Delivery Contractor will use its best efforts to
deliver all Recyclable Materials collected by Contractor pursuant
to this Agreement to the buyer or processor such material ( the
"Commodity Buyer" ) that at the time of delivery will pay the
highest price for the type and quantity of material delivered ,
provided that " best efforts" shall not include the hauling of any
such material for a distance greater than 20 miles
-5-
All proceeds received from the sale of Recyclable Materials to a
Commodity Buyer , if not paid directly to City , shall be paid to
City by Contractor , ( provided that Contractor shall not be
responsible to City if any Commodity Buyer fails to pay for any
such materials if Contractor exercised reasonable business
judgment in the selection of such Commodity Buyer )
2 3 Fee for Delivery If market conditions for a particular
Recyclable Material deteriorate such that Contractor is required
to pay a fee to deliver the material to a Commodity Buyer , the
Contractor shall deliver such material to the Commodity Buyer
charging the lowest fee at such time ( subject to mileage
limitation for hauling set forth in Section 2 2 hereof ) The
amount of any fee paid by Contractor in connection with such
delivery shall be paid to Contractor by City by charging City for
such amount on a monthly invoice sent to City
2 4 Disposal In the event that Contractor is unable to
deliver for processing any Recyclable Material after exercising
his best efforts ( as qualified by Section 2 2 hereof ) to deliver
any such material to a Commodity Buyer ( whether in exchange for
proceeds or upon payment of a fee to such buyer) , then Contractor
shall dispose of such material at a disposal site and City shall
bear the cost of any such disposal , which cost shall be charged
to City on a monthly invoice sent to City
3 Services , Charges and Payment
3 1 Services Rates As consideration for provision of the
services to be provided by Contractor under this agreement ,
Contractor shall charge to each residential unit with the City
receiving service a monthly fee based on the following rate
( a ) For the first twelve ( 12 ) months of the term of
this Agreement , the service rate shall be $ 1 94 per Residential
Unit per month
( b ) For the remaining forty-eight ( 48 ) months of this
Agreement , the service rate ( The " Base Service Rate " ) will be
subject to adjustment under Sections 3 2 thereof
-6-
3 2 Adjustment to Base Service Rate
( a ) The Base Service Rate determined under Section 3 1 ( b )
above shall be adjusted upward or downward , as the case may be ,
for the second and subsequent years of the term of this Agreement
to reflect changes in the cost of operations , as reflected by
fluctuations in the Consumer Price Index for Urban Wage Earners
and Clerical Workers ( All Items ) for the Los Angeles , Long Beach ,
( ' Anaheim Area as published by the U S Department of Labor , Bureau
of Labor Statistics ( the " Index" ) As of the last month of the
first year of the term of this Agreement and every twelve months
thereafter ( the " Rate Modification Month " ) , the Base Service Rate
shall be increased or decreased for the ensuing twelve-month
period in a percentage amount equal to 100 percent of Lhe net
Percentage change of the Index The net percentage change shall
be equal to the difference between the Index for
and the Index for the RaLe Modification Month , divided by the
Index for In no case shall the adjustment
exceed 7% in any calendar year
( p ) As soon as possible after a Rate Modification
Month , Contractor shall send to City a comparative statement
setting forth ( 1 ) the Index for , ( ii ) the Index
for the Rate Modification Month ,iiii ) the net percentage change ,
and ( iv ) the increase or decrease in the Base Service Charge
applicable to the ensuing twelve-month period On the first
invoice sent to the Residential Customer of the comparative
statement , the Residential Customer shall pay to Contractor or
Contractor shall credit to Residential Customer , as the case may
be , a lump sum equal to any increase or decrease applicable to
that portion of the current twelve-month period with respect to
which invoices were sent without regard to adjustment by the net
percentage change for such twelve-month period
[ ( c ) In addition the foregoing , the Base Service Rate ,
as adjusted , charged by Contractor shall be increased or
decreased as the case may be , Lo reflect increases or decreases
in the number and type of Recyclable Materials collected by
Contractor as mutually agreed upon by City and Contractor ]
[ ( d ) In addition Lo the above , Contractor may petition
the City at any time for additional rate and price adjustments at
reasonable times on the basis of unusual changes in its cost of
operations , such as revised state and federal laws , city
ordinances or regulations , changes in location of delivery sites ,
and for other reasons ]
3 3 Invoices and Payment Contractor shall invoice each
Residential Unit receiving service quarterly in advance of
service Each invoice shall include the following
-7-
( a ) The service charge for such quarter , as determined
under Section 3 1 hereof ,
( b ) After a Rate Modification Month , the amount of any
retroactive adjustment required by Section 3 2 ( b )
( c ) The aggregate fees paid for such month by
Contractor to deliver Recyclable Materials to Commodity Buyers
and the aggregate disposal cost charged by Contractor for
Recyclable Materials which Contractor disposes of at a disposal
site (which fees and charges shall increase the service charge) ,
and
( d ) After a Rate Modification Month , the amount of any
retroactive adjustment required by Section 3 2 ( b )
The above items shall be netted to reflect the net amount for
the month to be paid by City to Contractor or , the net amount
to be paid by Contractor to City In the event the invoice
reflects a net amount owed to City together with the invioce
for the month Contractor will be entitled to payment for
its services rendered hereunder whether or not City collects
any fees from owners of Residential Units for such service
~
4 Other Obligations of Contractor r '
4 1 Insurance Contractor shall at all times during the term
of this Agreement maintain in full force and effect Employer ' s
Liability , Workmen ' s Compensation , Public Liability and Property
Damage Insurance , including contractual liability coverage for
the provisions of Section 4 3 hereof All insurance shall be by
insurers and for policy limits acceptable to City and before
commencement of work hereunder Contractor agrees to furnish City
certificates of insurance or other evidence satisfactory to City
to the effect that such insurance has been procured and is in
force The certificates shall contain the following express
obligations
"This is to certify that the policies of insurance
described herein have been issued to the insured for
whom this certificate is executed and are in force at
this time In the event of cancellation or material
change in a policy affecting the certificate holder ,
thirty ( 30 ) days prior written notice will be given
certificate holder "
For the purpose of this Agreement , Contractor shall carry the
following types of insurance in at least the limits specified
-8-
COVERAGES
Workmen ' s Compensation Statutory
Employer ' s Liability $500 , 000
General Liability $2 , 500 , 000 combined
including Bodily Injury single limit per
and Property Damage occurrence
Automobile Liability $2 , 500 , 000 combined
including Bodily Injury single limit per
and Property Damage occurrence
Excess Liability $5 , 000 , 000 combined
single limit per
occurrence
To the extent permitted by law , all or any part of any required
insurance coverages may be provided under a plan or plans of
self- insurance The coverage may be provided by Contractor ' s
parent corporation
4 2 Bond
( a ) Performance Bond Contractor will be required to
furnish a corporate surety bond City will accept surety bond
currently posted for performance of the Residential Refuse
Franchise
( b ) Power of Attorney Attorney ' s- in-fact who sign
performance bonds or contract bonds must file with each bond a
certified and effectively dated copy of their power of attorney
4 3 Indemnity Contractor hereby agrees to indemnify ,
defend , and hold harmless City , its officers , agents , servants ,
and employees from and against any and all suits , actions , legal
proceedings , claims , demands , damages , costs , expenses , and
attorney ' s fees resulting from a willfull or negligent act or
ommission of Contractor , its officers , agents , servants and
employees in the performance of this Agreement , provided ,
however , that Contractor shall not be liable for any suits ,
expenses and attorney ' s fees arising out of the award of this
Agreement or a willful or negligent act of or omission of City ,
its officers , agents ( excluding Contractor ) , servants and
employees
-9-
4 4 Office Contractor shall maintain a business office
equipped with sufficient telephones and shall have a responsible
person in charge from 8 00 a m to 5 00 p m on regular
collection days
4 5 Complaints All complaints made to Contractor shall be
given prompt and courteous attention In the event of an alleged
missed scheduled collection , Contractor shall investigate and , if
such allegation is verified , shall arrange for the collection of
the Recyclable Materials not collected within 24 hours after the
complaint is received
4 6 Compliance with Laws Contractor shall conduct its
operations under this Agreement in compliance with all applicable
laws , regulations and ordinances except to the extent that any
provision hereof conflicts with an ordinance of City
4 8 Reports Contractor shall prepare and provide to City
quarterly , and to the City Council of City annually , reports
specifying in reasonable detail the number of Residential Units
participating in the RecycleNOW Program , the type and quantity of
Recyclable Materials collected and the proceeds received or fees
or costs paid in connection with the processing or disposal of
such materials
5 Miscellaneous
5 1 Exclusive Contract Contractor shall have the sole and
exclusive franchise , license , permit and privilege to provide
Recycling Services for Residential Units within the corporate
limits of City
5 2 Storms and Other Disasters City will grant Contractor
reasonable variance from regular schedules and routes in the
event such variance is necessary due to any storm , flood ,
hurricane or other disaster or Act of God City also agrees to
renegotiate the amounts to be paid to Contractor hereunder in the
event Contractor is required to perform services beyond the scope
of this Agreement due to any such storm , flood , hurricane or
other disasters or act of God
5 3 Force Majeure Contractor ' s obligation to perform
services under this Agreement shall be suspended in the event
such performance is prevented by strikes , work stopages , storms ,
floods , hurricanes or other disasters or Acts of God , laws ,
governmental rules , regulations or orders , and other events or
casualties beyond the control of the parties
- 10-
5 4 Independent Contractor In performing the services
hereunder Contractor shall be considered an independent
contractor
5 5 Assignment Contractor shall not assign this Agreement
without the expressed prior written consent of City , [to come -
affiliate exception ]
5 6 Entire Agreement This Agreement embodies the entire
understanding between the parties relating to its subject matter ,
and shall not be modified or terminated except by a writing duly
. ' signed by each of the parties hereto No waiver of any provision
of this Agreement shall be effective unless in a writing duly
signed by the party to be bound
5 7 Amendments This Agreement may not be amended or
modified except by written instrument signed by each of the
parties hereto
5 8 Termination Due To Changes in Technology In the event
of a change in recycling technology that substantially imposes
the manner of accomplishing the purpose of this agreement , or any
change in Federal or State law that substantially effects the
performance of this Agreement , either party shall have the right
to terminate this contract upon giving the other party at least
twelve ( 12 ) months written notice during the initial three ( 3 )
years of the contract or six ( 6 ) months written notice during the
final two ( 2 ) years of the contract , of intention to terminate
If City wishes to terminate due to a change in recycling
technology , Contractor will be given first right of refusal in
utilizing this new technology
5 9 Termination Due to Contractor ' s Unsatisfactory
Performance City reserves the right to terminate this contract
upon Contractor ' s material breach of the terms of this Agreement
Among the actions or inactions considered to be a material breach
shall be failure or refusal to perform duties required to be
performed hereunder , including refusal or failure to pick up and
dispose of the materials subject to this Agreement , failure to
provide disposal containers , pursuant to this Agreement , and
significant numbers of founded citizen complaints If City
determines a material breach had occured , City shall give
Contractor written notice within 48 hours thereof Contractor
shall have 30 days within which to cure said breach , if breach
can be cured If at the end of 30 days , the breach has not been
cured , or immediately , if breach cannot be cured , City shall give
Contractor a written notice of termination , said termination to
be effective 30 days from the date of said notice If Contractor
disputes that a material breach has occured , the Contractor may
request arbitration before a mutually acceptable arbitrator ,
whose decision shall be final
- 11 -
5 10 Further Pssurances Each party agrees that it will ,
upon the reasonable request of the other party and without
further consideration , take such acitons and deliver such
document as may be reasonably necessary to carry out more
effectively the terms and provisions of this Agreement
5 11 Counterparts This Agreement may be executed in one or
more counterparts , each of which shall be considered an original ,
but such counterparts shall together constitute but one and the
same instrument
5 12 Severability In the event that one or more provisions
of this Agreement shall be held invalid , illegal or unenforceable
of the remaining provisions contained therein shall not in any
way be affected or impaired thereby
5 13 Waiver The failure of either party hereto to enforce
from time to time a strict performance of any of the provisions
thereof or its failure to exercise any of the rights hereunder in
the event of any default shall not be construed as a waiver of
any such right or a consent to any continuing or subsequent
failure or breach of either party hereto
5 14 Remedies Cumulative All rights and remedies provided
for herein shall be cumulative and in addition to any other
rights or remedies such parties may have at law or in equity
5 15 Notices All notices , demands , requests or other
communications required by or given under this Agreement shall be
in writing and shall be deemed given when delivered personally or
by commercial courier or when deposited in the mail and sent by
registered or certified mail , postage prepaid , return receipt
requested , to the parties at the following addresses
If to City , to
22795 Barton Rd
Grand Terrace , CA 92324
ATTN City Manager
If to Contractor , to
P 0 Box 818
10412 Richardson
Loma Linda , CA 92354
Attention District Manager
Or to such other address as either party may have furnished to
the other in writing
- 12-
5 16 Headings The headings in this Agreement are solely for
the convenience of reference and shall be given no effect in the
construction or interpretation of this Agreement
5 17 Governing Law This Agreement shall be governerd by and
construed in accordance with the laws of the State of California
IN WITNESS WHEREOF , the parties hereto have duly executed this
Agreement as of the date and year first above written
CITY OF GRAND TERRACE
By
Mayor , City of Grand Terrace
ATTEST
Deputy City Clerk , City of
Grand Terrace
LOMA LINDA DISPOSAL
COMPANY , INC .
BY
APPROVED AS TO FORM
City Attorney , City of
Grand Terrace
- 13-
RESOLUTION NO 91-02
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE,
CALLH ORNIA, SETTING FORTH THE NEW
REFUSE RATE FOR SINGLE-FAMILY
COLLECTION AND RECYCLING SERVICES
WHEREAS, the City of Grand Terrace has entered into a
contract with BFI/Loma Linda Disposal to provide i ecychng sei vices, and
WHEREAS, it has been determined that a new refuse rate for
standard single-family collection and i ecychng services needs to be
established
NOW, THEREFORE, the City Council of the City of Grand
Tel race DOES HEREBY RESOLVE, DETERMINE AND ORDER THE
FOLLOWING
Section 1 Refuse Rates - That the iefuse rate for standaid
single-family collection shall be set at $12 94 per month A Senior Citizen
discount of 10% of the iefuse portion of the rate shall apply The Senior
discount rate will be set at $11 84 per month
Mayor of the City of Grand Terrace and
of the City Council thereof
ATTEST
Deputy City Cleik
DATE January 21 , 1991
STAFF REPORT
CRA ITEM ( ) COUNCIL ITEM ( xx ) MEETING DATE February 14, 1991
SUBJECT VOTING OF REPRESENTATIVES FOR GOVERNMENT BOARDS
( ) AND POLITICAL ISSUES
FUNDING REQUIRED
NO FUNDING REQUIRED
4t the City Council Meeting of January 10 , 1991 , Mayor Pro Tem
Grant discussed an item on the agenda regarding Council taking
positions on areas of regional interest on local boards or
committees In discussions with the Mayor Pro Tem , he has
indicated that the following are areas for which he has concern
1 Appointments to local regional boards by the City Select
\,J Committee Member and Alternate for AQMD , Member and
Alternate for LAFCO
2 Chairman and Vice Chairman of SANBAG
3 Chairman and Vice Chairman of Omnitrans
4 Chairman and Vice Chairman of the Solid
Waste Task Force
5 Chairman and Vice Chairman for the East
Valley Transportation Board
6 Chairman and Vice Chairman for the San Bernardino
Valley Municipal Water District Advisory Commission
7 San Bernardino County Delegate for SCAG
8 Council input on Resolutions for the Annual League
of Cities Convention
9 Support of Political Candidates or Political Ballot Issues
Mayor Pro Tem Grant has indicated that these are the issues that
he feels should be brought before the City Council to give our
representatives an indication as to the Council ' s desire .
TS bt
COUNCIL AGENDA ITEM# 7A
DATE Feb. 7 , 1991
STAFF REPORT
CRA ITEM ( ) COUNCIL ITEM ( xx) MEETING DATE Feb . 14, 1991
SUBJECT MID-YEAR BUDGET REVIEW 9(
i-
FUNDING REQUIRED X
NO FUNDING REQUIRED
City Staff conducts an annual budget review at mid year to make
any corrections in revenue and expenses that occurred as a result
of unanticipated changes The following revenue and expense
adjustments with justification are as follows
1 10-140-700 -- Computer Software Upgrade $1 , 395
The original cost estimate budgeted to upgrade the computer
software in the Finance Department was made on the pre-
sumption that installation costs were included when , in
fact , they were not. This results in an expense appropriation
of $1 , 395 to cover the increased cost
2 10-180-245 -- Maintenance of Buildings
and Grounds $4 , 000
The City annually reseals and stripes the Civic Center
parking lot This item previously was budgeted as
capital expenditure The line item was increased $2 , 000
when resealing costs were $4 , 000 , resulting in an under
appropriation of $2 , 000 In addition , increased janitorial
supply costs and the addition of pest control services on
the three City back buildings resulted in $2 , 000 additional
appropriation needed for a total increased appropriation of
$4 , 000
3 10-180-272 -- Vehicle Fuel $2 , 000
Unstable fuel prices , as well as the increased use of the
vehicles for the weekend work release program has caused
the fuel budget to be underestimated An additional $2 , 000
will be necessary to operate our City vehicles for the
balance of the fiscal year
COUNCIL AGENDA ITEM # 8 F\
STAFF REPORT -- MID-YEAR BUDGET REVIEW
Page Two
4. 10-190-246 -- Maintenance and Operation
of Equipment $3 , 000 .
The City Staff underestimated the cost increases on
service maintenance contracts , and unanticipated overhaul
of the Panasonic high volume copier , results in a need for
an additional $3 , 000 to fund maintenance of equipment for � j
the balance of the fiscal year
5 . 10-190-700 -- Fire Rescue Vehicle $7 , 000
During the construction process , staff authorized a change
order to upgrade the alternator to provide adequate
amperage to operate all of the equipment and to authorize
additional lettering to identify the vehicle as a City
of Grand Terrace fire apparatus
6. 10-190-701 -- Update Job Classification
Study $4 ,000
The City Council authorized a job classification study in
1985 . Staff is recommending Council authorize the City
to utilize the same consultant that had previously 6 l
developed the study to update and provide data for
employee negotiations for fiscal year 1991-92
7 10-370-115 -- Planning Department Overtime $2 , 000
In the past , the Planning Secretary attended Planning
Commission Meetings and received in return compensatory
time off This practice is legally allowed , if the time
off can be taken within the same pay period in which the
time was earned, otherwise , overtime would be required by
law Because of the current workload for the Planning
Secretary , it is not always possible to avoid overtime
Therefore , overtime sometimes is authorized for payment
and an appropriated budget adjustment needs to be made
for overtime.
8 10-440-20 -- Revenue from Child Care Grant $5 , 716
10-440-705 -- Expense for Terrace View
Child Care Grant $4 , 251
This was a School District Grant for our Terrace View Child
Care Program The funds were expended to buy materials and
supplies . The additional revenue over the expenses were as
a result of staff salaries that would have been expended
whether we were given this grant or not
STAFF REPORT -- MID-YEAR BUDGET REVIEW
Page Three
9 10-390-256 --
Public Health Contract
Public health cont -$17, 000
contractual services are based on
cost billed to the City from the
Theo billingactual
has been received previous fiscalhe year.leaving a balance of $17 000 and paid by the City
to have the appro r , ' This line item needsl p a non reduced by $1 7, 000
10 16-900-253 -
Dump Charges
$1, 500
' The increase in
increasedhe County Dump Fees , as well
use of the dump to remove refuse aand s hequired
collected by our roadside work
coal an additional release crews , debrisr
that County dumpa $ 1, 500 will be re payouryus
charges quiche i e
for the balance of the fiscal year
11 26-100-01 __
Landscape and Lighting
26-600-257 Assessment District Revenue
26-600-250 Engineering Expense $3 , 096
Legal Expense $1, 875
$1, 000
and
The revenue
annexed to expenses were as a result of
the 4ssessment District two tracts
after budget adoption ,
resulting in the related revenue and expense
12. 10-300-08 _ C
Community Development Block
Grant ( Senior Center)
We received an additional $50 , 000
allocation for use $50 , 000 in Block Grant
allocation
and construction of the
This amount has been utilized to Sera upgrade e
the interior of the Senior Center
13. 16-300-21 --
Gas Tax 2105
Estimate for the g $36 , 538
E
Es ae asoline tax have been released by
staffthe had The State extimate is $36 , 538 higher
estimated q than
14 16-400-10 Measure I Quarter Cent Sales
Tax
Subsequent to $75 , 000
b budget adoption , the Measure
Cent Salessl Tax portion , of which can I utilized
t maintenance , is estimatedeforili nd for
Terrace at $ 75 , 000
Grand
STAFF REPORT -- MID-YEAR BUDGET REVIEW
Page Four
The changes in fund balance as a result of the aforementioned
adjustments to the budget are as follows
GENERAL FUND
Current Fund Balance $471 , 328
Increase Revenue Estimate 55 , 716
Additional Appropriations -27 , 646
Adjusted Appropriation 17 , 000
Proposed Fund Balance $516 , 398 }
GAS TAX FUND
Current Fund Balance 22 , 141
Increase Revenue Estimate 111, 538
Aaditional Appropriations -1 , 500 '
Proposed Fund Balance $132 , 179
STAFF RECOMMENDS COUNCIL APPROVE
k v�
ADJUSTMENTS TO REVENUE ESTIMATES '
10-300-08 Community Development Block Grant $ 50 , 000
10-440-20 Terrace View Child Care Grant 5 , 716
16-300-21 Gas Tax - 2105 36 , 538
16-400-10 Measure I 75 , 000
26-100-01 Landscape & Lighting District Assessment 3 , 096
ADDITIONAL APPROPRIATIONS
10-140-700 Finance Dept -Computer Software Upgrade 1, 395
10-180-245 Com Svc Dept - Maint Bldg /Grounds 4 , 000
10-180-272 Com Svc Dept - Fuel 2 , 000
10-190-246 Non-Dept - Maint /Opr of Equip 3 , 000
10-190-700 Non-Dept - Fire Rescue Unit 7 , 000
10-190-701 Non-Dept - Update Job Class Study 4 , 000
10-370-115 Planning Dept - Overtime 2 , 000
10-440-705 Child Care Svc . - Terrace View Child
Care Grant 4 , 251
10-390-256 Public Health - County Services -17 , 000
16-900-253 Gas Tax-Rd Maint - Dumping Fees 1 , 500
26-600-250 Assessment Dist - Legal Fees 1, 000
26-600-257 Assessment Dist - Engineering Fees 1 ,875
TS bt