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01/22/1998
w+� 22795 Barton Road Grand Terrace California 92313-5295 Civic Center (909) 824-6621 Fax (909) 783-7629 Fax (909) 783-2600 Byron R Matteson j Mayor I Dan Buchanan Mayor Pro Tempore Herman Hilkey Jim Smgley Lee Ann Garcia Council Members Thomas J Schwab CityManager January 22, 1998 CITY OF GRAND TERRACE Regular Meetings 2nd and 4th Thursday - 6 00 p in Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 i CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA � COUNCIL CHAMBERS JANUARY 22, 1998 fD TERRACE CIVIC CENTER 6 00 P M Barton Road Tim CITY € F GRAND TERRACE co ms WiTH TBE Awwcros i rrH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS NME'TING, PLEASE CALL THE CITY CLERK'S OFFICE AT (909) 82 4-6621 AT LEAST 48 HOURS PRIOR TO THE WIRTING, Call to Order - Invocation - Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance - Roll Call - AGENDA ITEMS STAFF COUNCIL RECOMMENDATION I ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1 Approval of 01-08-98 Minutes Approve 2 Approval of Check Register CRA010898 & CRA012298 Approve 3 CLOSED SESSION - Real Estate Negotiations, 22832 Palm ADJOURN COMMUNITY REDEVELOPMENT AGENCY 1 I Items to Delete 2 SPECIAL PRESENTATIONS A Chamber of Commerce Christmas Lighting Contest Winners B Recycling Family of the Month - December 1997 C Maryetta Ferre', Principal Terrace View Elementary School 31 CONSENT CALENDAR following Consent Calendar items are expected to be ne and noncontroversial. They will be acted upon by the icd at one time without discussion Any Council Member, Member, or Citizen may request removal of an item the Consent Calendar for discussion A Approve Check Register No 010898 & 012298 Approve B Ratify 01-22-98 CRA Action C Waive Full Reading of Ordinances on Agenda D Approval of 01-08-98 Minutes Approve E Resolution - Local Law Enforcement Program Grant Approve Apphcaton PENDING C R A APPROVAL I CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - JANUARY 8, 1998 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 8, 1998, at 6 00 p m PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Jim Singley, Agency Member Lee Ann Garcia, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patrizia Materassi, Community and Economic Development Director Virgil Barham, Building and Safety Director John Harper, City Attorney John Hagen, Sheriff's Department vF ABSENT: Bernard Simon, Finance Director APPROVAL OF DECEMBER 11, 1997 CRA MINUTES CRA-98-01 MOTION BY AGENCY MEMBER GARCIA, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 5-0, to approve the December 11, 1997, CRA Minutes APPROVAL OF CHECK REGISTER NO CRA123097 CRA-98-02 MOTION BY AGENCY MEMBER SINGLEY, SECOND BY VICE- CHAIRMAN BUCHANAN, CARRIED 5-0, to approve Check Register No. CRA123097 NOTICE OF COMPLETION - CODE ENFORCEMENT REMODEL PROJECT TETRA WEST CONSTRUCTION CRA-98-03 MOTION BY VICE-CHAIRMAN BUCHANAN, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 54, to accept the work of Petra West Construction and authorize the Secretary to file a Notice of Completion for the Code Enforcement Remodel Project C R A AGENDA rrEm NO. PENDING C R .APPROVAL PAGE 1 CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: JANUARY 8,1998 CHECK REGISTER NO: 010898 OUTSTANDING DEMANDS AS OF: JANUARY 8, 1998 CHECK NO. VENDOR 39331 VIRGIL BARHAM DESCRIPTION AMOUNT AUTO ALLOWANCE FOR JANUARY, 1998 13750 39333 BERGEVIN'S CLEANING JANITORIAL SERVICES FOR HOUSING REHABILITATION BUILDING, DEC 1997 4000 39337 RAUL COLUNGA INTERN FOR 12/8/97-1/5/98 57165 39340 DRUG ALTERNATIVE PROGRAM LAWN SERVICE FOR HOUSES UNDER REHABILITATION, DECEMBER, 1997 16000 - 39343 INLAND COUNTIES INSURANCE SERVICES LIFE INSURANCE FOR JANUARY, 1998 5143 39348 LUCENT TECHNOLOGIES WIRING OF PHONES FOR CODE ENFORCEMENT DEPARTMENT 15200 39354 PACIFICARE OF CALIFORNIA HEALTH INSURANCE FOR JANUARY, 1998 78912 39360 SOUTHERN CA EDISON COMPANY ELECTRIC FOR HOUSES UNDER REHABILITATION AND HOUSING REHABILITATION DEPARTMENT 11253 0 39361 STATE COMPENSATION INSURANCE FUND WORKERS' COMPENSATION INSURANCE FOR � DECEMBER, 1997 20244 TOTAL: 2,21667 1 CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF THE COMMUNITY REDEVELOPMENT AGENCY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES m a FOR THE OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY 0 BERNARD SIMON FINANCE DIRECTOR PAGE'? ` " CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: JANUARY 22,1998 CHECK REGISTER NO: 012298 OUTSTANDING DEMANDS AS OF: JANUARY 22,1998 CHECK NO, VENDOR DESCRIPTION AMOUNT I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED 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 BERNARD SIMON FINANCE DIRECTOR PAGE 1 PENDI CITY COUNCIL APPROVAL TY OF -GRAND -TERRACE DATE JANUARY 8, 1989 OUTSTANDING DEMANDS AS OF: CHECK N.Q.. Vf.WQR P12172 COMCAST CABLEVISION P12173 PEBSCO P12174 PEBSCO P12175 CATHRINE TOTH P12177 PEBSCO P12178 BERNARD SIMON P12179 COMCAST CABLEVISION P12180 COMCAST CABLEVISION P12181 PERS 39329 ADVANTAGE BUSINESS FORMS 39330 AT&T 39331 VIRGIL BARHAM 39332 ARNOLD BENT 39333 BERGEVIN'S CLEANING n O 39334 BURTRONICS BUSINESS SYSTEMS C Z 39335 STATE OF CALIFORNIA Q 39336 CHEM-LITE INDUSTRIES r 39338 FRANKLIN COVEY 39339 JOHN DONLEVY d 39340 DRUG ALTERNATIVE PROGRAM 39341 JERRY GLANDER 39342 CITY OF GRAND TERRACE CHILD CARE 39343 INLAND COUNTIES INSURANCE SERVICES 39344 INLAND EMPIRE STAGES LIMITED 39345 INTERSTATE BRANDS CORPORATION 39346 JANI-KING-COLTON REGION CHECK REGISTER NO: JANUARY 8, 1998 DE CRETM CASH PAYMENTS FOR 12/23/97 DEFERRED COMPENSATION FOR SEPT 1997 DEFERRED COMPENSATION FOR OCT 1997 BIRTHDAY BONUS DEFERRED COMPENSATION FOR NOV 1997 PAYROLL ADVANCE, 1/9/98 CASH PAYMENTS FOR 12/30/97 CASH PAYMENTS FOR 1/6/98 RETIREMENT FOR PAYROLL 12/26/97 PRINT CITY NEWSLETTER/RECREATION BROCHURE CLOSING BILL FOR CIVIC CENTER PHONES AUTO ALLOWANCE FOR JANUARY, 1998 REFUND, COMMUNITY DEVELOPMENT DEPARTMENT JANITORIAL SERVICES, BUILDING & SAFETY DEPARTMENT SUPPLIES FOR RISO COPIER ELECTRIC FOR LIGHTS AT BARTON/215, NOV 1997 TRASH LINERS FOR PARK MAINTENANCE BALANCE DUE FOR RECREATION SEMINAR AUTO ALLOWANCE FOR JANUARY, 1998 LANDSCAPE SERVICE, ORIOLE/FRANKLIN, DEC, 1997 MILEAGE REIMBURSEMENT EMPLOYEE CHILD CARE FOR 9-12/97 LIFE, DENTAL, & VISION INSURANCE FOR JANUARY, 1998 BUS FOR RECREATION EXCURSION, HARBOR LIGHTS BAKERY GOODS FOR CHILD CARE JANITORIAL SERVICES FOR CHILD CARE CENTER 010898 Wl T, Tom ► 1 IIt 19-- 8,419 85 15,925 51 5000 8.77852 1,70027 34061 82022 5,95777 3,54174 132 11250 4880 4000 15558 6576 18951 1836 20000 12500 13725 3,31704 1,22152 1,36400 7649 75900 DATE: JANUARY 8.1998 OUTSTANDING DEMANDS AS OF: PAGE CITY -OF -GRAND -TERRACE — CHECK REGISTER NO: 010898 JANUARY 8,4998 DESCRIPTION AMOUNff PAYROLL FOR DECEMBER, 1997 137,052 27 TOTAL: 296,315.84 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF THE CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY ... urn v — BERNARD SIMON FINANCE DIRECTOR PAGE 2 CITY OF GRAND_TERRACE DATE JANUARY 22, 1998 OUTSTANDING DEMANDS AS OF. JANUARY 22, 1998 ECK NO, VENDOR DES-CRI_PMN 39396 BYRON MATTESON 39397 CEDRIC MELCHER 39399 VACOUB NASHED 39400 NAIL ASSOCIATION/CHILD CARE PROF 39401 OTIS ELEVATOR COMPANY 39402 PETTY CASH 39403 KATHY PIERSON 39404 COUNTY OF SAN BERNARDINO 39405 COUNTY OF SAN BERNARDINO 39406 COUNTY OF SAN BERNARDINO 39407 LILLIAN SCHWING 39308 JAMES SINGLEY 39409 SOUTHERN CA EDISON COMPANY 39410 SOUTHERN CA GAS COMPANY 39411 STAPLES 39412 SYSCO 39413 TERRACE HILLS MIDDLE SCHOOL 39414 TRANSPORTATION ENGINEERING 39415 WESTERN EXTERMINATORS CHECK REGISTER NO: 012298 STIPENDS FOR JANUARY, 1998 REFUND, WASTE WATER DISPOSAL SERVICES REFUND, WASTE WATER DISPOSAL SERVICES MEMBERSHIP, 1998 ELEVATOR REPAIRS, CIVIC CENTER REIMBURSE GENERAL PETTY CASH -FINANCE DEPARTMENT INSTRUCTOR, GYMNASTICS/TINY TUMBLERS BOOKING FEES FOR DEC, 1997 MAINTENANCE SUPPLIES, STREETS 8 PARKS DUMPING CHARGES, 11/19-12/2/97 REFUND, WASTE WATER DISPOSAL SERVICES STIPENDS FOR JANUARY, 1998 ELECTRIC FOR CIVIC CENTER, SIGNAL AND STREET LIGHTS GAS FOR CITY OWNED FACILITIES OFFICE SUPPLIES AND SMALL EQUIPMENT FOOD FOR CHILD CARE CENTER AD IN YEARBOOK ENGINEERING SERVICES FOR COMMUNITY DEVELOPMENT DEPT PEST CONTROL FOR CITY OWNED FACILITIES TOTAL 30000 4567 1155 7500 22523 10775 69717 1,72590 71910 42996 3150 30000 5,12984 74649 64775 1,15764 2000 4,65500 15500 88,321 93 CITY OF GRAND TERRACE CITY COUNCIL MINUTES PENDING CITY COUNCIL APPROVAL REGULAR COUNCIL MEETING - JANUARY 8, 1998 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 8, 1998 at 6 00 p m PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Jim Singley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patrizia Materassi, Community and Economic Development Director Virgil Barham, Building and Safety Director John Harper, City Attorney John Hagen, Sheriff's Department ABSENT: Bernard Simon, Finance Director The meeting was opened with invocation by Mayor Pro Tem Dan Buchanan, followed by the Pledge of Allegiance led by Councilman Herman Hilkey SPECIAL PRESENTATIONS 2A Chamber of Commerce Christmas Lighting Contest Winners Mayor Matteson announced that the Chamber of Commerce will be announcing the winners of the Christmas Lighting Contest at the City Council meeting of January 22, 1998 2B Eagle Scout Project Presentation - Kevin Yetter Kevin Yetter, 166 Sealy Court, Highgrove, gave a presentation on his Eagle Scout Project "Storm Drain Safety in the City of Grand Terrace " CONSENT CALENDAR CC-98-01 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to approve the following consent calendar items 3A 3B 3C 3D Approval of Check Register No 123097 Ratify 01-08-98 CRA Action Waive Full Reading of Ordinances on Agenda Approval of 12-11-97 Minutes COUNCIL AG€ IDA SIN # OD Council Minutes January 8, 1998 Page 3 I consultants to review the final draft of the report and discuss it in detail Councilmember Garcia, reported on a letter on the success of the WE -Tip Program and encouraged residents to call and report any crime that may be taking place She complimented staff on a great newsletter and encouraged everyone to read it She wished everyone a Happy New Year Councilmember Hilkev, thanked Tony Petta for attending his sons Eagle Scout ceremony and reported that he had photos if any one would like to see them He stated that the ceremony was very newsworthy and expressed his dissatisfaction with both newspapers not attending and reporting on the event He reported that he received a letter on the gunfire and fireworks in the City of Grand Terrace on New Years Eve and feels that something should be done Councilmember Sing1T, reported that at the last SANBAG meeting $55,000,000 went to the 1215 corridor which includes the section from the Riverside County line to the I10 freeway Community and Economic Development Director Materassi, reported that approximately $3,000,000 has been designated for the design of the segment of 1215 adjacent to the City of Grand Terrace and Colton, which will allow a HOV lane from the County Line to Orange Show Road, which are very important improvements for Grand Terrace PUBLIC HEARING 6A An Ordinance of the City Council of the City of Grand TerraceCalifornia, Regulating the Sale and Discharge of Fireworks Mayor Matteson opened discussion to the public Michael O'Connell, 22596 Thrush Street, encouraged the Council to support the Fireworks Ordinance and feels that it is a great fundraiser for the local youth organizations Mayor Matteson returned discussion to Council Mayor Matteson, stated that he is in favor of the fireworks ordinance He feels that the youth organizations can benefit from the sale of the fireworks Councilmember Garcia, expressed her concern with safety issues dealing with the discharge of fireworks and stated that she is not in favor of the sale and discharge of fireworks in the City of Grand Terrace Councilmember Singles, stated that he will support the fireworks ordinance Mayor Pro Tem Buchanan, stated that he will support the fireworks ordinance and feels that there will always be a safety issue He also stated that he will always be willing and m4Ft Staff Report Community Services Department COUNCIL ITEM (XX) MEETING DATE January 22, 1998 SUBJECT LOCAL LAW ENFORCEMENT PROGRAM GRANT APPLICATION FUNDING REQUIRED BACKGROUND: The Office of Criminal Justice Planning (OCJP) for the State of California has contacted the City regarding an award of a non-competitive program grant award to the City Under the program, cities are eligible, with a 10 % match of funds, to receive funds which can be used for law enforcement activities including the purchase of equipment, overtone and even new officers The total grant award to the City of Grand Terrace is $4,024 The required match is $447 00 DISCUSSION: Staff, along with the Sheriff's Department has developed a grant proposal for these funds which would include the installation of a computer link from the Crone Prevention Office at the Civic Center to the Sheriff's main computer network This would enable qualified personnel, mcluding the Crone Prevention Officer and Deputies to obtain data and produce reporting from this office Benefits of this proposal would include • Elmumte the need for the CSO to travel to the Central Station for data retrieval and statistical information for use in City Programs, • Deputies will be able to come into the Crone Prevention Office to input reports, process data and perform other tasks normally required to be done at the Central Station The total cost for the installation will cost $4,156 25 All costs are eligible under the Grant COUNCIL AGENDA mTEM# (5F, 1 S RESOLUTION NO. I n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA SUBMITTING A GRANT PROPOSAL UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM WHEREAS, the City of Grand Terrace desires to undertake a certain project designated Community Services Office Crane Data Access Computer Project to be funded in part from funds made available through the Local Law Enforcement Program administered by the Office of Criminal Justice Planning (hereafter referred to as OCJP) NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Grand Terrace is authorized, on its behalf to submit the attached proposal to OCJP and is authorized to sign and approve on behalf of City Council the attached Grant Award Agreement including any extensions or amendments thereof BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project (including any amendment thereof) under the Program and the funding terms and conditions of OCJP and that the cash match will be appropriated as requa-ed IT IS AGREED that any liability ansing out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authonzmg agency The State of California and OCJP disclaim responsibility for any such liability BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body I hereby certify that the foregoing is a true copy of the resolution adopted by the City Council of the City of Grand Terrace in a meeting thereof held on January 22, 1998 by the following vote Ayes Noes Absent Abstain Byron R. Matteson, Mayor of the City of Date Grand Terrace and of the Council thereof ATTEST: Brenda Stanfill, City Clerk x EMERGENCY OPERATIONS COMMITTEE CITY OF GRAND TERRACE November 3, 1997 CITY OF GRAND TERRACE NHNUTES J A y 0 (o ;998 CALL TO ORDER: The meeting was called to order by Eileen Hodder at 7 05 p in MEMBERS PRESENT: Eileen Hodder, Gary Eldridge, Vic Phennighausen, and Rich Haubert GUESTS PRESENT: John Donlevy APPROVAL OF MINUTES: Minutes of the October 6, 1997 meeting were approved with one correction COUNCIL LIAISON REPORT: CITY CLERK 1 John presented Gary Eldridge and Rich Haubert with appreciation gifts from the city as they were not present on volunteer appreciation day 2 John will be putting on an earthquake preparedness program for the seniors at the senior center on November 19 EQUIPMENT/FACULM REPORT: I All communications equipment is functiomng normally 2 Locks have been ordered for outside electrical boxes OLD BUSINESS: 1 Gary made a motion to acquire a Kenwood TM-331-A VHF transceiver at $499 95, an ARX 220B base antenna for $59 95 and headphones, as planned The motion carried NEW BUSINESS: COUNCIL AG€PJD1PIpEM# 511ICi ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING THE SALE AND DISCHARGE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS Section 1: Dates and Hours of Sale and Discharae - Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the City during the period beginning at twelve noon on the 28th day of June and ending at eleven fifty-nme p m on the 5th day of July pursuant to the provisions of this chapter and not otherwise Section 2: License - Required - Except as provided in this chapter, it is unlawful for any person to offer for sale or sell at retail any fireworks of any land in the City without having first applied for and received a license therefor This chapter shall supercede Uniform Fire Code Section 78 102 as to Safe and Sane Fireworks Section 3: License -Land Use Application -Public Liability Insurance -All applications for a license to sell fireworks shall A Be made in writing accompanied by a license fee of fifty dollars and a Land Use Application fee of $33 submitted to the Community and Economic Development Department The fees are not for the purpose of revenue, but will be used to defray the costs of application processing, inspection and supervision B Set forth the proposed location of the fireworks stand applied for The stands must be on private property located in the commercial and industrial or manufacturing zones and the written permission of the owner of record or lessee must accompany the application according to Zoning Code Section 18 73 211 Temporary Uses Allowed C Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office one hundred thousand/three hundred thousand dollars public liability and fifty thousand dollars property damage insurance policies with riders attached to the policies designating the City as an additional assured under this chapter, and a copy of the requisite permit from the State Fire Marshal D Be routed to the Fire Chief, Building and Safety Director, and the Shenff s Department via the Land Use Application The Community and Economic Development Department will evaluate the location of the fireworks stand and related issues Section 4: License - Prerequisites to Issuance - The following qualifications must be met by each applicant for a license issued under this chapter COUNCIL AGENDA ITEM # 7Fi +l r Y P ORDINANCE NO PAGE 3 Section 7: Temporary Fireworks Stands - All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited Temporary stands shall be subject to the following provisions A No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump B Fireworks stands need not comply with the provisions of the building code of the City, provided, however, that all stands shall be erected under the supervision of the Building and Safety Director, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons C No stand shall have a floor area in excess of three hundred square feet D Each stand in excess of twenty-four feet in length must have at least two exits Each stand in excess of forty feet in length must have at least three exits spaced approximately equidistance apart, provided, however, that in no case shall the distance between exits exceed twenty-four feet E Each stand shall be provided with two two -and -one-half gallon soda -and -acid or water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire Section 8: General Requirements for Licensees A All weeds and combustible material shall be cleared from the location of the stand mcluding a distance of at least twenty feet surrounding the stand B "No Smoking" signs shall be prominently displayed on the fireworks stand C Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein Sleeping or remaining in the stand after close of business each day is forbidden D The sale of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after twelve midnight on the 5th day of July E All unsold stock and accompanying litter shall be removed from the location by five p m on the 6th day of July F The fireworks stand shall be removed from the temporary location by twelve noon on the 8th day of July, and all accompanying litter shall be cleared from the location by said time and date Section 9: License Fee and Land Use Application Fee - The license fee for the selling fireworks within the City shall be eighty-three dollars ($50 plus $33) per year per stand, tch fee must be paid at the time application for a stand is filed with the Community and momic Development Department ORDINANCE NO PAGE 5 AYES NOES ABSENT ABSTAIN City Clerk APPROVED AS TO FORM, City Attorney /4L�%T y �y t a Community and Economic Development Department STAFF==REPORT, _ CRA ITEM () COUNCIL ITEM (I) FUNDING REQUIRED SUBJECT City Web Page Update RECOMMENDATION Review and Approval BACKGROUND MEETING DATE JANUARY 22,1998 NO FUNDING REQUIRED X The City's web page has been available for council's review over the ,past two months, and has been hosted on a trial period at no cost to us by the Enterprise for Economic Excellence (EEE) At its meeting of December 11, 1997, council approved the websrte overall, and the allocation of funds for EEE to "re -tool" the web site to improve readability, coloring and mmtm»p graphics in order to optunize transmission speed Council requested that these alterations be made and that the web site be brought to them for review prior to making the site public This has been completed, and is available for your review this evening Note that these alterations took only 14 0 hours, two hours less than was estimated at the December 11 council meeting Staff has also determined the amount of tune it will take to update the site, and how the updates will be coordinated This information has been researched and prepared WEB PAGE RE -TOOLING The graphics on the home page of this site have not been altered in terms of aesthetics, but have been reduced in size to allow them to appear more quickly on the page Frequent updates and quick presentation of images will encourage people to return to the web site The other major work performed on the site involves the "hit words" used on the home page The same words have been used as were originally placed there, however, the placement of them has been done in such a way to maximize use of space on the page and reduce the amount of visual blank space TIME AND RESOURCES/WEBMASTER A meeting of department heads was held on January 6, 1998 regarding the web site and the various duties and responsibilities associated with maintaining it It was determined that routine maintenance will be performed by individual departments, i e , each department head will be responsible for their department's own material update and loading into the web site In addition, it is recommended that one centralized person review the page for form and content routinely and maintain quality control Hally Cappiello, from the Commumty and Economic Development Department will serve in this capacity, and will thereby serve as webmaster The webmaster will also be the primary contact with the host provider to facilitate smooth operation of the project 22795 Barton Road - Grand Terrace, California 92313-520W LA®A rrEM ,#` V ITEM 8A - MEMORANDUM OF UNDERSTANDING (MOU) - U.S. FISH AND WILDLIFE SERVICES, WILL BE PROVIDED TO COUNCIL PRIOR TO THE MEETING. COUNCIL AGErIDA r i Em # &� QD'MR 1� ` City Manager's Department STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE January 22, 1998 SUBJECT Staff Travel to the League of California Cities City Managers Department Meeting and Request to Reschedule City Council Meeting in February IMIJOIJIMCIV• 111112" NO FUNDING REQUIRED XX I The League of California Cities is holding its annual City Managers Department Meeting on February 11-13, 1998 in Santa Barbara We are requesting that Council authorize the City Manager and Assistant City Manager to attend this conference Sufficient funds are available in the budget to cover costs Since the dates of the conference conflict with the first City Council meeting in February, staff is requesting that Council reschedule the meeting on February 12 to Tuesday, February 10, 1998 Staff Recommends That Council: 1. Authorize the City Manager and Assistant City Manager to attend the League of California Cities City Managers Department meeting in Santa Barbara, California on February 11-13, 1998. 2. Reschedule the February 12, 1998 City Council Meetmg to Tuesday, February 10, 1998. TS yjm Attachment COUNCIL AGENDA ITEM # 06 11:00 am - 5:00 pm M30 - 1:45 pm 2:00-3:15pm 3:30-5:00pm 5:00-6:00pm &00 am - 5:00 pm &00-9:15am 9.30 - 10:45 am 11:00 am - noon noon -1:4S pm Pr*11mIniry Program Wednesday, February 11 Registration Open Pro -Conference Session FINANCIAL AND RETIREMENT PLANNING WITH ICMA RETIREMENT CORPORATION iR*e-td7bu-&yAf —o4 Opening Ceremonies Opening General Session LEADERSHIP WITHOUT EASY ANSWERS Concurrent Sessions PREPARING LEADERS FOR THE 21ST CENTURY ` HOW TO DEAL WITH A CHANGING POLITICAL BASE Welcoming Reception Thursday, February 12 Registration Open General Session THE ECONOMIC FORECAST FOR THE CALIFORNIAS - SOUTH, CENTRAL AND NORTH General Session WELFARE REFORM, ECONOMIC DEVELOPMENT, JOB TRAINING AND CITIES WHAT YOU NEED TO KNOW AND DO Concurrent Sessions ENTERPRISE ZONES — HOW TO GET THE MOST BENEFITS SHEDDING LIGHT ON ELECTRICITY RESTRUCTURING MAXIMQWG YOUR PUBLIC GOLF ASSETS General Luncheon DEPARTMENT AWARDS 1998 John H Nail Award 1997 Retired City Managers 1998 Diversity Award CCMF Memorial Scholarship Award CALIFORNIA S CHANGING REALITY Page 2 Registration Fee JI Optional Event Registration Payment Refund Policy t a 4 Those who register by Wednesday, January 21, 1998, for the full mee"g will receive m their packet a coupon worth $25 at the CityBooks bookstore Don't miss this great way to expand and share your learning with your colleagues in City Hall' CityBooks is a great way to increase your professional knowledge in important areas such as leadership, management, community budding and economic development Look for CityBooks in the League registration area. Advance registration must be postmarked no later than Wednesday, January 21, 1998 After that date, the bonus is not available The registration fee includes program materials, one continental breakfast, two luncheons, breaks, and one reception The one -day fee includes all materials and events for that day For any questions regarding registration, please contact the League conference registration office at 510/283-2113 The one -day registration option is intended primarily to encourage attendance by mid- level staff who might not otherwise be able to attend this meeting The program and contacts will benefit their professional development You are urged to consider havmg them join you for at least one day of the program After Wednesday, January 21, 1998, please register on site Thursday Nigbt Special Event Reception and Ihnner — The Santa Barbara City Manager's office has arranged for a special event on Thursday evening from 6 00 - 8 00 pm at the Harbor Restaurant and Longboard's Grill, located on Sterns Wharf The Harbor Restaurant affords a magnificent picturesque view of the Santa Barbara Bay If you care to loin your colleagues for this special (yet optional) evening event,use your advance regutratnon form to sign up Partners are welcome The price for this optional special event is $30 per person, which includes appetizers and a full buffet dinner, tax and up Dinner will consist of fresh seafood, carved meats and a variety of fresh salads and desserts. Transportation will be provided Full fleeting One Day ONy Cary, County, and City, County, and COG Officials $300 COG Officials $180 All Others $350 All Others $230 Optional Thursday Reception and Dinner $30 In order to process registration, payment in full must accompany the attached form. You may pay your registration fee by check, money order, Visa or MasterCard. No purchase order, Amencan Express or Ducover cards, please. If paying by credit card, you are welcome to register by faxmg 510/293-7933 Advance registrants unable to attend this meeting will receive a refund of the registration fee, less a $35 processing charge, by submitting a written request to the League of Calnforma Cities, Conference Registration Office, Box 1519, Lafayette, CA 94549, fax 510/283-7833 Requests for refunds must be received by Friday, February 6, 1998 © To assure this program benefits all who attend, please call our conference registration office at 510/283-2113 of any attendee has a disability requiring special accommodations There is no registration fee to attend the meeting for spouses who are not city officials or other public officials Meal tickets may be purchased on -site at the League Registration Desk. There is no spouses' program planned. For further information on events going on in the City of Santa Barbara, contact the concierge desk of the hotel Page 4 \ i c1Tr17 I ROMPTER99 City Manager's Department STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE January 22, 1998 SUBJECT County Waste Agreement laila l t ; xem-arc NO FUNDING REQUIRED XX Background In November 1995, the County of San Bernardino contracted with Norcal to manage and operate their landfill system In order to maintain the integrity of the County system, they are seeking commitments from cities in San Bernardino County to commit their waste streams to the County landfill system While this is beneficial to the County, the cities saw no benefits from committing their waste streams to the County system unless price concessions were guaranteed Through much negotiation, we have brought forth a Waste Delivery Agreement between the City of Grand Terrace and the County of San Bernardino Some of the major provisions in this Agreement are as follows • A 15-year contract term • A reduction in the landfill tipping fee from $33 per ton currently to $28 50 per ton guaranteed over the life of the agreement, with annual CPI adjustments • Full indemnification from the County for any liability arising from closure and post - closure problems affiliated with the landfill In addition, a purchase of a $10 million dollar commercial liability insurance policy is required as additional indemnification In this Agreement, the City is committing to deliver all of its waste stream to the County system for a 15-year period The termination clause, should the City wish to terminate, has very large penalties in excess of one million dollars or more to withdraw from the contract The City also would be limited in some recycling efforts resulting in waste residue in excess of 2 % We could potentially be required to bring excess residue back into the County disposal system In addition, COUNCIL I4G€6JDA ITEM # OC, WASTE DELIVERY AGREEMENT QUESTIONS AND ANSWERS 1 Is the County's indemnification limited to the $10 million environmental liability insurance policy9 No The County will indemnify the city for any liability arising out of the cities past use of the County disposal system and any liability arising from cities use during the term of this agreement ?Ire fact that the Countypossesses $10 million worth of insurance just adds to its ability to stand behind the indemnification 2 Is the city open to exaggerated cost increases based on the Cost of Living Adjustment? The COLA utilizes Federal Producer Price and Employment Cost Indices that are published for the Southern California Region The allowable increase many one year is limited to the published amount of these indices and nothing more There is also an increase for Change in Law or Statute that effects all landfill operators in the country or state This increase must be demonstrated by the County and is subject to challenge by the city 3 Why is there no escape clause like the `market out' provision that was in the PSA9 In order for the Contract Rate to be brought down as much as possible, the basic philosophy of the agreement changed to one that contains a low rate with specified adjustments and limited termination opportunities This approach met the cities goal of a predictable rate adjustment process and the lowest possible initial rate 4 Why not negotiate separate rates for each city depending on the size of its waste stream? The County has long had a policy of providing its landfill services to all County citizens for the same rate The intent of the WDA negotiation process (and also the PSA process) was that each city would have the same agreement and rate The existence of the 'Most Favored Nation' language in both agreements speaks to how strongly that concept was voiced by all parties at the negotiating table Negotiating different rates depending on the size of a particular waste stream would serve only to divide the cities, fragment the system, and not provide the rate stability and liability protection being sought 5 Are cities that host expansion landfills getting a different deal? No The WDA is the same for all cities regardless of whether or not they host a landfill There are separate agreements with those cities that address the mitigation of impacts of a landfill located within their city boundaries Those agreements have been in place since 1991 and are reasonable and fair mechanisms for addressing the impacts caused from landfill operations OF SAN I rJ �COPUBLIC SERVICES GROUP 0 20. Y WASTE SYSTEM DIVISION ,, 222 West (909) 386 tality Lane, Second Floor • San Bernardino, CA 92415-0017 • Fax (909) 386-8786 November 19, 1997 Mr Thomas Schwab City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, California 92313 Dear Mr Schwab GERRY NEWCOMBE Contract Administrator On November 6, 1997, the Waste System Division (WSD) transmitted to you a copy of the standard Waste Delivery Agreement (WDA) that has been approved by the Board of Supervisors Subsequent review of that agreement has identified several typographical and reference errors that should be corrected before the WDA is executed Attached is a corrected copy of the WDA with a summary sheet that identified the corrections that were made Also, please be aware that this copy of the WDA contains two versions of Section 3 1(C) The choice of which section to use in the final agreement depends on whether your City's recyclable processing is currently done in or out of San Bernardino County Please contact any member of the City Consortium negotiating team, or me if you would like to discuss which Section 3 1(C) to use, or if you have any other questions about the agreement WSD can provide you with a signature ready copy once your review is complete Sincerely, A-*-�-�� Gerry Newcombe Contract Administrator GN js Attachments cc Honorable Board of Supervisors Tim Kelly, Assistant County Administrator John Davis, Mojave Desert/Mountain JPA Ken Jeske, City of Fontana Lynn Merrill, City of San Bernardino Marsha Godwin, City of Chino Conway Collis, Collis Associates James E Bateman, NORCAUSan Bernardino, Inc G JAMES J HLAWEK County Administrat+ve Officer TIM KELLY Assist ant COLnt f Administrator r , nbc Se- rfr�g C,nup Board of Superv.sors KATHY A DAVIS First District DENNIS HANSBERGER Third District JON D MIKELS Second District LARRY WALKER Fourth District JERRY EAVES Fifth District Recycled Paper 1 • � r V z � b 4� 1 EXECUTION COPY WASTE DISPOSAL AGREEMENT Between THE COUNTY OF SAN BERNARDINO, CALIFORNIA and I Dated , 1997 County Authorization Date County Notice Address Emergency Contact City Authorization Date City Notice Address Emergency Contact It is, therefore, agreed as follows ` I f I l L II (2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order orjudgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law, provided • however, that the contesting in good faith or the good faith decision not to contest any such order orjudgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence, or (3) the denial of an application for, delay in the review, issuance or renewal of, or �. suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law, provide however that the contesting in good faith or the good faith decision not to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence "Change in Law" shall not include actions taken by Governmental Bodies to enforce requirements of Applicable Law "City" means, as applicable, the city designated on the cover page of this Agreement and party to this Agreement. "City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3 1(C) hereof) "Contract Date" means the date of delivery of this Agreement as executed by the parties hereto "Contract Rate" has the meaning specified in Section 4 2 hereof "Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year "Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is (1) Non -Diverted City Acceptable Waste, (2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate (such as school districts and State correctional facilities), (3) not Residue excluded from the Waste Delivery Covenant pursuant to Section 3 1(C), (4) not inert materials, construction and demolition debris, green waste and other materials which can be disposed at landfills other than Class III landfills, and (5) collected and\hauled by Franchise Haulers 4 "Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to tune including, but not limited to (1) the Resource Conservation and Recovery Act and the regulations contained m 40 CFR Parts 260-281, (2) the Toxic Substances Control Act (15 U S C Sections 2601 et sea ) and the regulations contained in 40 CFR Parts 761-766, (3) the Cahfornia Health and Safety Code, Section 25117 (West 1992 & Supp 1996), (4) the California Public Resources Code, Section 40141 (West 1996), (5) CERCLA and regulations promulgated thereunder and (6) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes, or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U S C Section 2011 gi mq ) and the regulations contained in 10 CFR Part 40 "Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System "In -County Processing Facility" means any Processing Facility located within the geographical boundaries of the County, whether owned and/or operated by the County, any city, or private operator "Independent Haulers" means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of San Bernardino and not under a franchise or other contract with a city in the County "Term" has the meaning specified in Section 6 1(A) hereof "Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby "Legal Proceeding" means every action, suit,' litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement "Loss -and -Expense" means an and all loss, liability, obligation, damage, delay, penalty, P Y , tY, g g Y P h', judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs 1 "Out -of -County Processing Facility" means a Processing Facility located outside the geographical boundaries of the County "Non -Diverted City Acceptable Waste" means all City Acceptable Waste other than Diverted City Acceptable Waste "Overdue Rate" means the post judgment rate of interest specified by the laws of the State "Processing Facility" means any materials recovery facility, composting facility, intermediate processing center, recycling center, incinerator or other waste management facility to which City Acceptable Waste is delivered for processing prior to disposal 1 �w l i i I ; I � F it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement, provided however, that the contesting in good faith or the good faith decision not to contest such action or maction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party Examples of Uncontrollable Circumstances are (1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, not or civil disturbance, and (2) a Change in Law It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances (a) general economic conditions, interest or inflation rates, currency fluctuations or changes in the cost of fuel, the availability of commodities, supplies or equipment; (b) changes in the financial condition of the County, the City or any Subcontractor affecting their ability to perform their obligations, (c) the consequences of errors, neglect or omissions by the County, the City, or any Subcontractor of any tier in the performance of their obligations hereunder, (d) union work rules, requirements or demands which have the effect of increasing the number of employees employed in connection with the Disposal System or otherwise increase the cost to the County of operating and maintaining the Disposal System or providing the Disposal Services, (e) strikes, work stoppages or other labor disputes or disturbances occurring with respect to any activity performed or to be performed by the City or the County or any of the City's or County's Subcontractors in connection with the Disposal System or the Disposal Services, (f) any failure of any Subcontractor to furnish labor, materials, service or equipment for any reason (other than an Uncontrollable Circumstance), (g) equipment failure, (h) any impact of minimum wage law, prevailing wage law, customs or practices on the County's construction or operating costs, or (i) changing conditions in the local, regional, or national waste disposal market "Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities "Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3 1 hereof SECTION 12 INTERPRETATION In this Agreement, unless the context otherwise requires (A) References Hereto The terms "hereby", "hereof', "herein", "hereunder" and any similar terms are references to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date (B) Gender and Plurality Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa (C) Persons Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals ARTICLE 11 REPRESENTATIONS AND WARRANTIES SECTION 2 l REPRESENTATIONS AND WARRANTIES OF THE CITY The City represents and warrants that (A) Existence The City is a general law or charter city validly existing under the Constitution and laws of the State (B) Due Authorization The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City (C) No Conflict Neither the execution nor the delivery by the City of this Agreement nor the performance by the City of its obligations hereunder nor the consummation by the City of the transactions contemplated hereby (1) conflicts with, violates or results in a breach of any Applicable Law or (2) conflicts with, violates or results in a breach of any tern or conditions of any contract, agreement, franchise, judgment, instrument or decree to which the City is a party or by which the City or any of its properties or assets are bound, or constitutes a default under any such contract, franchise, judgment, decree, agreement or instrument (D) No Liti ation There is no action, suitor other proceeding, at law or equity, before or by any court or Governmental Body pending or, to the City's best knowledge, threatened against the City in which an unfavorable decision, ruling or finding which would materially and adversely affect the validity of or enforceability of this Agreement or any other agreement or instrument to be entered into by the City in connection with the transactions contemplated hereby, or which would materially and adversely affect the performance by the City of its obligations hereunder or under any such other agreement or instrument SECTION 2 2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY The County represents and warrants that (A) Existence The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State (B) Due Authorization The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County (C) No Conflict Neither the execution nor the delivery by the County of this Agreement nor the performance by the County of its obligations hereunder nor the consummation by the County of the transactions contemplated hereby (1) conflicts with, violates or results in a breach of any Applicable Law or (2) conflicts with, violates or results in a breach of any term or conditions of any contract, agreement, franchise, judgment, instrument or decree to which the County is a party or by which the County or any of its properties or assets are bound, or constitutes a default under any such contract, franchise, judgment, decree, agreement or instrument (D) No Litigation There is no action, suitor other proceeding, at law or equity, before or by any court or Governmental Body pending or, to the County's best knowledge, threatened against the County in which an unfavorable decision, ruling or finding which would materially and adversely affect the validity of or enforceability of this Agreement or any other agreement or instrument to be entered into by the County in connection with the transactions contemplated hereby, or which would materially and 10 ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE SECTION 3 1 DELIVERY OF WASTE (A) Waste Disposal Covenant Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith beginning on January 1, 1998 (B) Diverted City Acceptable Waste The parties hereto acknowledge the responsibility of the City to meet the recycling and landfill diversion goals contained in the Act Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet or exceed such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, source reduction, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form No reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System by or on behalf of the City which may result from any such source separation or recycling program (whether or not such program meets or exceeds the diversion requirements of the Act) shall cause the City any liability hereunder and shall not constitute a breach of this Agreement [SECTION TO BE USED IF ALL WASTE CURRENTLY STAYS WITHIN COUNTY] (C) Waste Delivered to Transfer Station or Processing Facilities Subject to the provisions of this Section, all Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, performed at In -County Processing Facilities or Out -of -County Processing Facilities shall constitute Controllable Waste and be subject to the Waste Disposal Covenant The County specifically acknowledges that the City shall have the right to deliver or cause the delivery of City Acceptable Waste to Out -of -County Processing Facilities, and that the City is not obligated to require that Residue from such Out -of -County Processing Facilities be delivered to the Disposal System, after final processing or re -processing of such Residue as long as such Residue from Out -of -County Processing Facilities does not exceed, in any Contract Year, the lesser of (1) 40% of the amount of City Acceptable Waste delivered to such Out -of -County Processing Facility in such Contract Year or (ii) 2% of the total amount of Controllable Waste generated in the City during such Contract Year To the extent that Residue from the processing of Controllable Waste exceeds the amount specified in the preceding sentence, the City shall exercise all legal and contractual authority which it may possess from time to time to require that such excess Residue be delivered to the Disposal System, and shall include a requirement to that effect in any contracts, agreements or other arrangements for processing at Out -of -County Processing Facilities which it enters into or amends after the Contract Date Where City Acceptable Waste is processed at an In -County or Out -of -County Processing Facility %i hich concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such Processing Facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant (subject to the exclusion from Controllable Waste of the amounts of Residue from Out -of -County Processing Facilities specified in this Section 3 1(C) ) Such generic residues shall be delivered to the Disposal System regularly, in approximately the same frequency as deliveries of City Acceptable Waste to the Processing Facility (In making any determination of Residue attributable to the City, the City may rely on the reports or certifications of the owner or operator of the Transfer Station or Processing Facility ) [FOLLOWING SECTION TO BE USED IF WASTE CURRENTLY PROCESSED OUT -OF - COUNTY] , 12 r 1� 1 I44� the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements (or collection through City owned and operated collection services) over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Disposal System, and may directly enforce such obligation through any legal or means available, provided, however, that such designation of the County as a third party beneficiary does not relieve the City of its obligations hereunder to enforce the waste delivery obligation of the Franchise Haulers The City shall notify in writing each Franchise Hauler of the Count)'s third party beneficiary rights (E) Waste Flow Enforcement The City, in cooperation with the County, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste Disposal Covenant for disposal at the times and in the manner provided herein The waste flow enforcement program shall consist of amending City franchises with all Franchise Haulers, to the extent required by this Section, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to (1) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, (2) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non -complying Franchise Haulers and (3) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to 100% multiplied by the Contract Rate in effect at the time of such breach multiplied by the number of tons of Controllable Waste which were not delivered to the Disposal System as a result of the failure of the City to comply with the Waste Disposal Covenant The parties recognize that if the Cit) fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made (F) Legal Challenges to Franchise System The City shall use its best efforts to preserve, protect and defend (by diligent pursuit of claims through the trial court level) its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory The City shall bear the cost and expense of any such Legal Proceeding or other challenge In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries of the City's Controllable Waste to the Disposal System to any Contract Year fall below 93% of the amount of the City's Controllable Waste delivered to the 14 1 Y I ` d SECTION 3 2 PROVISION OF DISPOSAL, SERVICES BY THE COUNTY (A) Service Covenant Commencing January 1, 1998, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Designated Disposal Facility, (2) disposing to accordance with subsection 3 2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess of the disposal capacity of the Designated Disposal Facility, and (3) in accordance with subsection 3 3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Designated Disposal Facility The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations, so as to enable the County to provide the services hereunder at the Contract Rate (B) Temporary Unavailabilgy of Designated Disposal Facility. Provision of Transfer Capacity The County shall immediately advise the City and Franchise Hauler by telephone and facsimile of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at the Designated Disposal Facility, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration The County shall confirm such advice in writing within 24 hours of the occurrence of any such inability The County shall use its best efforts to resume normal operation of the Designated Disposal Facility as soon as possible in accordance with subsection 3 2(C) hereof In the event that, an any time during the term hereof, the County is unable to accept City Acceptable Waste for disposal at any particular Designated Disposal Facility for a penod in excess of 14 consecutive days, it shall nonetheless provide sufficient transfer capacity at such Designated Disposal Facility, and shall accept for transfer and disposal City Acceptable Waste at such Designated Disposal Facility for the Contract Rate In the event that the County cannot provide such transfer capacity, it shall be obligated to accept such City Acceptable Waste at another facility within the Disposal System and to reimburse the City for any increased transportation cost (including without limitation, equipment rental costs, overtime and increased fuel costs resulting from the unavailability of the Designated Disposal Facility) incurred by the City or the Franchise Haulers in transporting City Acceptable Waste to another disposal facility within the Disposal System In the event that the County cannot provide disposal capacity at another facility within the Disposal System, it shall be obligated to reimburse the City for (i) any increased transportation cost (including without limitation, equipment rental costs, overtime and increased fuel costs resulting from the unavailability of the Designated Disposal Facility) incurred by the City or the Franchise Haulers in transporting City Acceptable Waste to any other disposal facility used by the City or Franchise Hauler and (ii) the amount, if any, by which the tipping fee at the alternative facility utilized by the City or Franchise Hauler (because of the unavailability of any facility within the Disposal System) exceeds the then current Contract Rate The invoice shall include reasonable substantiation of the amount invoiced (C) Termination by County in Certain Circumstances In the event that the Designated Disposal Facility becomes unavailable pursuant to Section 3 2(B) for a period exceeding 14 days, the County shall have the right to terminate this Agreement pursuant to this Section The County may exercise such right by providing 10 days prior written notice thereof to the City In the event that the County exercises such nght, the County shall be obligated to pay the City an amount equal to (i) any aggregate increased transportation cost (including without limitation, equipment rental costs, overtime and increased fuel costs resulting from the unavailability of the Designated Disposal Facility) reasonably expected to be incurred by the City or the Franchise Haulers in transporting City Acceptable Waste to any other disposal facility used by the City or Franchise Hauler for a period of one year following the date of termination and (u) the aggregate amount, if any, by which the tipping fee at the alternative facility utilized by the City or Franchise Hauler (because of the unavailability of any facility within the Disposal System) is reasonably expected to exceed the then 16 I extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System (D) Disposal of Unacceptable Waste and Hazardous Waste If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the drier of the vehicle will not be permitted to discharge the load If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System County personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved The return or reloading on to the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law Whenever Hazardous Waste is detected at any landfill within the Disposal System, the County shall take immediate action in accordance with Applicable Law In addition, if the County inadvertently accepts Unacceptable Waste, it shall have the right to pursue any remedies which it may against the person delivering such Unacceptable Waste to recoup the cost of handling and properly disposing of such Unacceptable Waste (E) Environmental Insurance Prior to the Contract Date, the County will obtain insurance for potential CERCLA or other environmental liability of the Disposal System, in an amount equal to $10,000,000 with deductibles of (1) $1,000,000 for events giving rise to coverage which events occurred prior to October 1, 1995 and (u) $250,000 for events giving rise to coverage which events occurred on or after October 1, 1995 The County shall maintain comparable insurance throughout the term hereof so long as commercially available on reasonable terms, as determined in the reasonable discretion of the County risk manager The County shall notify the City to the event that the County does not maintain the insurance described in this Section SECTION 3 4 MISCELLANEOUS OPERATIONAL MATTERS (A) Permit Revisions or Stipulated Orders The County shall provide the City with any application of the County to revise the Legal Entitlements for the Designated Disposal Facility (or any draft or final stipulated notice and order relating to the Designated Disposal Facility which may be under consideration by the local enforcement agency with jurisdiction over the Designated Disposal Facility) Such applications shall be provided to the City concurrently with its submittal to the appropriate regulatory agency (B) Scales and Weighing The County shall operate and maintain permanent scales at the Disposal System in compliance with Applicable Law The County shall weigh all vehicles delivering Controllable Waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery (In the event that scales are temporarily unavailable, the County shall reasonably estimate the weight of Controllable Waste delivered by volume ) SECTION 3 5 OTHER USERS OF THE DISPOSAL SYSTEM (A) Generally The County shall have the right to enter' into waste disposal agreements with other cities in the County, Sanitary Districts, Transfer Stations or Independent Haulers, provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity) unless the County has first offered the City such more favorable contract (or amendments to this Agreement) (B) Receipt of Imported Acceptable Waste on a Contract Basis The County shall have the nght to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the cities which l8 i ( , ARTICLE IV CONTRACT RATE SECTION 4 1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4 2 hereof In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates Notwithstanding Section 4 2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tires and sludge Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials SECTION 4 2 CONTRACT RATE (A) Generally Effective January 1, 1998, the Contract Rate payable by each Franchise Hauler shall be $28 50 per ton, subject to potential adjustment necessary to reflect the circumstances set forth below (1) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law, and (ii) escalation during the Term of this Agreement calculated in accordance with Section 4 2 (B) Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section 4 2(Axi), the County shall utilize the following remedy reduce the costs of operating the Disposal System to the extent practicable Any adjustments to the Contract Rate permitted by this Section 4 2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining capacity in the Disposal System Such adjustment may not reflect circumstances other than the circumstances described in Section 4 2(Axi) (B) Calculation of Escalation For purposes of Section 4 2(A)(ii), the Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1 during the term hereof, commencing July 1, 1999 The adjustment shall be calculated in accordance with the following formula Contract Rate = Fixed Portion + [Escalating Portion x Index) Where, Fixed Portion = $10 87 Escalating Portion = $17 63 Index = Price Index, which shall be determined in accordance with the following formula = 7[PPI,/PPI2]+ 3[EI,/EI:1 20 calculated at the Overdue Rate Such reimbursement may be made to the form of a reduction in the Contract Rate for a future period reasonably calculated to provide full reimbursement of the amounts described above SECTION 4 3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT (A) Payment by Cqy In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non -municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City shall have duect responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other action as maybe necessary to provide for the timely payment of the Contract Rate Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law To the extent provided in Section 7 5 hereof, the obligation of the City for such Contract Rate or Transfer Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund From the Commencement Date to the date of expiration or termination of this Agreement, the obligation of the City to pay the Contract Rate or Transfer Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise The obligation of the City hereunder shall be limited in all circumstances to amounts available in any enterprise fund created by the City for solid waste management purposes, and there shall be no recourse hereunder against the City's general fund or other funds not related to solid waste management purposes for amounts owed by the City hereunder (B) Payment by Franchise Haulers With respect to Controllable Waste delivered by Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay or failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due In the event of any such failure, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages Such efforts by the City shall include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights (C) Disputes If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay undisputed amounts identified on such Billing Statement and shall provide the County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount The County shall then respond to such written objection (providing additional documentation substantiating the amount disputed if applicable) within 30 days of receipt of the written objection If the City or the Franchise Hauler and the County are not able to resolve such dispute within 30 days after the County's response, either party may pursue appropriate legal remedies In addition, in the event of nonpayment by the City or Franchise Hauler, as applicable, the County shall have the right to discontinue any credit arrangements it may have had with the City or Franchise Hauler, and require cash payment for subsequent deliveries 22 ARTICLE V BREACH, ENFORCEMENT AND TERMINATION SECTION 5 1 BREACH. REMEDIES The parties acknowledge that the money damages provided hereunder may not be adequate to compensate either party for the other parry's nonperformance The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any matenal respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder Neither party shall have the nght to terminate this Agreement except as provided in Section 3 1(F), Section 3 2(C), Section 5 2 and Section 5 3 hereof or as otherwise provided in this Agreement SECTION 5 2 CITY CONVENIENCE TERMINATION The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon 90 days' wntten notice to the County If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to (r) $14 25 multiplied by (y) the amount of Controllable Waste delivered to the Disposal System during the pnor Contract Year multiplied by (z) remaining term of the Waste Disposal Agreement, stated in years (assuming such termination for convenience did not occur) Upon any termination by the City pursuant to the provisions of this Section, the obligations of the County pursuant to Section 7 3 hereof shall not survive such termination, notwithstanding Section 6 l(B) SECTION 5 3 TERMINATION (A) By City Except as expressly provided herein, the City shall ha%a no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the County substantially to perform any matenal obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance, except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless (1) The City has given prior written notice to the County stating that a specified failure or 'refusal to perform exists which will, unless confected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5 6) the City's conclusion that such failure or retusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken zteps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach) (B) By County Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance, except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless 24 ARTICLE VI TERM SECTION 6 1 EFFECTIVE DATE AND TERM (A) Term This Agreement shall become effective, shall be m full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until the fifteenth anniversary of the Contract Date, unless earlier terminated in accordance with its terms (B) Survival. Accrued Rights The rights and obligations of the parties hereto pursuant to Sections 3 1(E), 5 1, 5 3, 5 5, 7 2, 7 3, 7 5, 7 7, 7 8, 7 9, and 7 10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration provided, however, that Section 7 3 shall not survive if the termination of the Waste Disposal Agreement is due to the occurrence of an Event of Default on the part of the City At the end of the Term of this Agreement, all other obligations of the parties shall terminate 26 tt l 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 or employees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) or replacement or restoration of natural resources arising from or related to Hazardous Substance or Hazardous Wastes or petroleum products at any place where County transfers, stores or disposes of municipal solid waste pursuant to this agreement, or the County's activities pursuant to this Agreement which result in a release or threatened release of Hazardous Substances or Hazardous Wastes or petroleum products into the environment The foregoing indemnity is intended to operate as an agreement pursuant to but not limited to Section 107(e) of the Comprehensive Environmental Response, Compensation and liability Act ("CERCLA") 42 U S C Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify City from liability This indemnity shall not apply to willful, deliberate or grossly negligent delivery by the City of Hazardous Substances or Hazardous Waste to the Disposal System This indemnity shall also not apply with respect to (i) vehicle accidents or other waste delivery activities or (it) to any Hazardous Substances, Hazardous Waste, petroleum product or other Unacceptable Waste not accepted for disposal in the Disposal System The City agrees that the County may provide counsel tojointly represent itself, the City and any and all other parties who disposed of waste in the Disposal System The City hereby agrees to waive, in writing, any conflict, actual or apparent, created by the joint representation of such parties pursuant to this indemnity The City also hereby agrees to cooperate fully and completely with the County and with counsel provided by the County in resolving and legal matter that arises pursuant to this indemnity The City further agrees that the County has complete discretion in the conduct of any matter to which this indemnity applies, and may resolve or settle such matters to which this indemnity applies in its sole discretion without the permission or approval of the City The County agrees that it will not bring any action against the City claiming or alleging that the City has any responsibility for matters, actions or liabilities within the scope of the indemnity provided above SECTION 7 4 RELATIONSHIP OF THE PARTIES Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties SECTION 7 5 LIMITED RECOURSE (A) To the Ci Except in the event the City has not established or maintained a City Solid Waste Enterprise Fund, no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including an} Loss -and -Expense of any nature arising from the performance or non-performance of the City's obligations hereunder The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County The City shall male adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder (B) To the County No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss -and -Expense of any nature arising from the performance or non- performance of the County's obligations hereunder The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted 28 c SECTION 7 15 BINDING EFFECT This Agreement shall bind and inure to the benefit of the parties hereto and any successor or assignee acquinng an interest hereunder consistent with the provisions of Section 7 13 hereof SECTION 7 16 NOTICES Any notice or communication required or permuted hereunder shall be in wnting and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party 30 Community Services Department Staff Report COUNCIL ITEM (XX) MEETING DATE JANUARY 22, 1998 SUBJECT HIGHGROVE COMMUNITY PARK- REQUEST FOR SEWER SERVICE NO FUNDING REQUIRED BACKGROUND: In April, 1996, the City Council approved the connection of the Norton Younglove Community Center and Fire Station in Highgrove to the City of Grand Terrace Sanitary Sewer System The Center construction was completed in August and the building was dedicated in September, 1996 In the initial request by Riverside County, the only proposal involved the connection of the Community Center As part of the approval, the City Council directed that any additional connections or capacity to the collection system would require review by the City and approval In November, 1997, the Highgrove Community approved a ballot measure extending a property assessment which supports the Community Services District With this approval, the Riverside County Redevelopment Agency proceeded with plans for the development of a park which will be located directly adjacent to the Community Center The proposed park will include the construction of baseball fields, a soccer field, basketball courts, a tennis court, picnic area, tot lot and a storage/restroom facility DISCUSSION• In order to complete the design of the park, the County is requesting that the City of Grand Terrace allow the connection of the park restroom facility to the sewer collection system Under the proposal, the restroom facility will connect into an existing line which flows into our line on Main Street As proposed, the project will entail the following 1 Installation of sewer lateral into the existing pipe which was previously installed from the Center Street location to the City's Main Street sewer main COUNCIL AGENDA 1'6EM 8 ,C3D December 18, 1997 Mr Tom Schwab City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Dear Mr Schwab, RE HIGHGROVE PARK The Riverside County Redevelopment Agency is currently planning to construct a new park adjacent to the County line at Main Street, midway between Michigan Avenue and Heron Lane Although the park is located in the County of Riverside, its location will serve both Highgrove and Grand Terrace The park will be built on the remainder of the site which the Norton Younglove Community Center and Highgrove Fine Station # 19 were constructed on last year The plan includes the construction of baseball fields, a soccer field, basketball courts, a tennis court, picnic areas, tot lots and a storage/restroom facility I have attached a site plan for your reference Last year, your Council and staff were very helpful by allowing the County to connect the community center and fire station to the Grand Terrace sewer system The County is now requesting that the Council allow the County to connect the restroom facility for the park to the Grand Terrace sewer line Allowing the County to do so would provide a great benefit to both communities I would like to meet with you or your staff to go over our plans Please give me a call at 275-6689 so we can discuss the park project further Sincerely, Tina Grotke Development Specialist cc Belinda McLaughlin, Regional Manager Community and Economic Development Department STAFF REPORT CRA ITEM () COUNCIL ITEM (X) MEETING DATE- JANUARY 22,1998 FUNDING REQUIRED SUBJECT - RECOMMENDATION: NO FUNDING REQUIRED X Circulation Improvement Fees Review and Provide Guidance Our Circulation Element Consultant, Craig Neustaedter, has completed the fifth and last technical study to be incorporated into the City's Circulation Element regarding the Circulation Improvement Fees Consultant and staff are requesting City Council to evaluate the proposed fees and tell us if we are going in the right direction Several issues are discussed in this report to help City Council to provide staff guidance to proceed - Comparison of our proposed fees with other Cities, - Other methods to charge fees, and - What happens if we adopt no fee or adopt lower fees Please review data and comment Thank you Craig Neustaedter will be present to answer questions Respectfully submitted, Patnzia Materassi Community Development Director Attachment Memo dated January 14, 1998 from Consultant Craig Neustaedter with tables c \office\wpwi n\wpdocs\planning\cc\circfee 198 22795 Barton Road - Grand Terrace, California 92313-52R5uC jL2`A18U1DA ITEM #8F- x Fee Program Page 2 The circulation element update study indicates that improvements will be needed which cost over $ 7,680,000 This excludes the cost of certain improvements that may be required as a condition of approval on new development, and the prospective artenal connection to the lowa/1-215 interchange which is not recommended in the circulation element update study According to guidelines codified in California Government Code 66000, new development in Grand Terrace can be charged a maximum of 15 % of $ 7,680,000, or $1,152,000 This percentage equals the portion of trips generated by new development in comparison with existing and regional trips on the City's arterial circulation system The remaining cost of $ 6,528,000, cannot be assigned to new development The circulation fee program is one of a limited number of options which the City can access to raise revenues to fund the completion of its circulation element If a circulation fee program is not enacted, the City all need to seek out additional funding from Measure 1, state and federal programs, or the General Fund 11 Commerce Way 900 ft North of De Construct Secondary 3,760 ft 64 ft 88 ft Alignment is on Berry St to Pico Highway vacant land 12 Commerce Way Pico to Main St Construct Secondary 1,240 ft 64 ft 88 ft May encroach Highway on existing 11/10/97 TableC -�--- Signal Improvement Fee AnalysisTotal-Cost of Improvements New Development Share - Cost Assiq_ned to New Development Un-assigned Cost -- ----- - - - --- _ $1,300,000� _ 0 15 _ $190_646 $1,109,354� -- -- - --- -------- - - Fee _ Low Density Residential Unit _ D U 's Factor _ Fee per Unit 0 000253468 $48 Medium Density Residential D U 's _ 0000174543 _ $33 Retail TSF-GLA 0000795625 $152 _ Industrial\Warehouse Acre 0001371748 $262 Office Professional _ TSF-GFA 0000302407 $58 Circulation Improvement Fee Analysis Total Cost of Improvements $6,380,025 00 New Development Share 015 Cost Assigned to New Development $935,634 Un-assigned Cost $5,444,391 Fee Unit Factor Fee per Unit Low Density Residential D U 's 0000253468 $1,380 Medium Density Residential D U 's 0000174543 $950 Retail TSF-GLA_ 0000795625 $4,332 IndustriallWarehouse Acre 0001371748 $7,468 Office Professional TSF-GFA 0000302407 $1,646 Table C