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11/09/2010 - - _ � _ • � � FILE- �-C�OPY,- - - .ot'T.Y . GRAND TERR C November-9,2010 22795 Barton Road Grand Terrace California'92313Z295 ; - -Civic Center - I ' E - -, (909)824-6621 :CITY OF GRAND TERRAC ; Fax(909),783-7629 'Fax(909J--783-2600 'CRA/CITY: COUNCIL _ Maryetta Ferri Mayor REGULAR MEETINGS Lee Ann Garcia 2ND AND 4"Tuesd�ay - 6. 00 p:m. 'Mayor Pro Tern - Bea Cortes Walt Stanclflewiti - Y Council Members Betsy M.Adams City Manager , Council,Chambers Grand-.Terrace,Civic Center- 22795,Barton Road -5295 Grand Terrace, CA 92313 ; CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS November 9,2010 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation-Pastor Pat Bower,Calvary the Brook Church * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY I. Approval of 10-12-2010 Minutes Approve 2. Amendment No. 1 to the Memorandum of Understanding(MOU) Approve/Award& Between the Agency and Grand Terrace Partners/Right of Entry Appropriate with Colton Joint Unified School District/Award Contract for Construction Management,Inspection, Survey and Staking(Fraco Enterprises, Inc.)/Resolution Adopting Certain Findings Regarding the Construction and Installation of Public Improvements, Which are of Benefit to the Grand Terrace Community Redevelopment Project Area Resolution/Appropriate$469,380.45 for Project Costs, Construction Contingency of 10%,and project Management 3. Continuing Appropriations for FY 2010-11 Approve 4. Appropriate$137,391.10 from the Agency's Non-Housing Funds Appropriate for the Grand Terrace Senior Center Commercial Kitchen Remodel ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month B. Introduction of Blue Mountain Villas Community Manager- Ms. Shaddox C. Grand Terrace Residential Recycling Award D. Foundation of Grand Terrace Presentation of a Check to Citizen Patrol COUNCIL AGENDA 11-09-2010 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No. 11-09-2010 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of Minutes of 10-12-2010 Approve D. Resolution Amending Interfund Loan from Facilities Fund Approve (19)to Traffic Safety Fund(17) for Payment of$72,203.75 to Redflex Traffic Systems, Inc. E. Award Contract for Design Services-Disabled Access Barrier Award Removal at City Hall(Willdan Engineering) F. National Pollutant Discharge Elimination System,(NPDES) Approve Stormwater Permit Implementation Agreement, Santa Ana Region NPDES No.CAS618036,Order No.R8-2010-0036 G. Award Contact for Baseball Field Construction(Rock Bottom, Award/Approve Inc.)/Approve Right of Entry with the Colton Joint Unified School District/Resolution Adopting Certain Findings Regarding the Construction and Installation of Public Improvements, Which are of Benefit to the Grand Terrace Community Redevelopment Project Area H. Continuing Appropriations FY 2010-2011 Approve I. Award Contract for the Grand Terrace Senior Center Award Commercial Kitchen Remodel(DJD Group Inc.) J. Historical&Cultural Activities Committee Minutes of 10-04- Accept 2010 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS A. Development Agreement-Jacobsen-An Ordinance Adopting Approve Development Agreement 09-01 Applicable to Approximately 12.5 Acres of the Grand Terrace Town Square Master Development Plan COUNCIL AGENDA 11-09-2010 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City Council of the Approve City of Grand Terrace California,Amending Title 15,of the. City of Grand Terrace Municipal Code by Repealing and Replacing Chapters 15.08, 15.12, 15.16, 15.20,and Adding Chapters 15.10 and 15.17, Deleting Chapter 15.09,Adopting the California Code of Regulations to Include the Referenced Standards,Title 24,Part 2,and 12,Volumes 1 and 2,Based on the 2009 International Building Code,Part 2.5 Based on the 20091nternational Residential Code,Part 3,Based on the 2008 National Electrical Code,Part 4,Based on the 2009Uniform Mechanical Code,Part 5,Based on the Uniform Plumbing Code,Part 11,Green Building Standards 8. NEW BUSINESS A. City Council Retiree Benefit for Herman Hilkey Consider B. Request for a Reduction of the Parkland and Open Space Consider Acquisition Fee for New Residential Construction 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, DECEMBER 14,2010 AT 7:30 P.M. .................................................... AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - OCTOBER 12,2010 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on October 12,2010 at 6:00 p.m. PRESENT: MaryettaFerre, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency Member Walt Stanckiewitz, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Joe Palamino, San Bernardino County Sheriff s Department Rick.McClintock, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 09-28-2010 MINUTES CRA-2010-46 MOTION BY VICE-CHAIRMAN GARCIA, SECOND3Y AGENCY MEMBER STANCKIEWITZ,.CARRIED 4-0,to approve the September 28,2010 Community Redevelopment Agency Minutes. Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:03 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,November 9,2010 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CRA AGENDA rmM NO. 1 CALIFORNIA AGENDA REPORT MEETING DATE: November 9, 2010 Council Item(X) CRA Item (X) TITLE: Baseball Field Bid Award GTB 10-06, and Budget Appropriation for Construction - PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATIONS: City Council: 1) Award GTB 10-06-contact to the lowest bidder, Rock Bottom, Inc., in the amount of$372,179.50 to construct a Baseball Field northwest of Pico Park, subject to approval of the Right of Entry by the Colton Joint Unified School District Board. 2) Approve the attached Right of Entry between the City, the Agency, and'CJUSD for access to the new field. 1 3) Approve the attached City Council Resolution making certain findings regarding the Project and authorizing the use of Agency funds. Ate: 1) Approve the attached Amendment No. 1 to the Memorandum of Understanding (MOU) between the Agency and Grand Terrace Partners, LLC (Grand Crossings) to revise the site area to allow for construction of the baseball field. 2) Approve the attached Right of Entry between the City, -the Agency, and Colton Joint Unified School District for access to the new field. 3) Award the contract for Construction Management, Inspection, Survey and Staking to Fraco Enterprises, Inc. and authorize the Executive Director to prepare and execute the Professional Services Agreement, subject to the approval of the Right of Entry by CJUSD. CRA AGENDA ITEM NO. �G- 4) Approve the attached Agency Resolution making certain findings regarding the project. 5) Appropriate $469,380.45 for project .costs, construction contingency of 10%, and project management. BACKGROUND: Earlier this year, the Agency reviewed a conceptual baseball field project and approved'a design contract for the new field on 2.5 acres northwest of Pico Park, which has since been completed. To construct the field at the proposed site, a revision of the MOU site area for the Grand Crossings project and a Right of Entry to cross CJUSD property are both necessary. A site diagram is attached as Attachment 1, which depicts the field location in relation to the High School property and the current Grand Crossings site.area. Staff has completed the public bidding process for construction in accordance with prevailing wage requirements, and has obtained proposals to manage the construction. DISCUSSION: Amendment to MOU with Grand Terrace Partners, LLC The Agency is party to an MOU with Grand Terrace Partners, LLC, to develop the Grand Crossings Project, and the original site area includes the 2.5 acres planned for the baseball field. a - Staff has negotiated Amendment No. 1 to the MOU with Grand Terrace Partners to modify the site area and has completed a lot line adjustment to facilitate construction of the field. These actions would separate the lower southeast quarter of APN 1167-151-61 from the Grand Crossings site area as shown on the amended Grand Crossings site map included in the MOU Amendment (Attachment 2). Right of Entry with CJUSD As shown on the site diagram (Attachment 1), pedestrian access will be needed across the High School property so that the existing.parki.ng lot, restrooms and snack bar are available to the new field. Staff has negotiated a Right of Entry with CJUSD (Attachment 3); which also allows for access by service and emergency vehicles. The improvements in this area will include a concrete walkway that crosses an Edison easement. Staff has worked with Edison 'staff to obtain approval for the improvements. Reinforced concrete will be used to sustain .the weight of the 40 ton service trucks and cranes. Legal Counsel for all entities has reviewed the Right of Entry. The School Board is scheduled to review the agreement on November 18, 2010. Bid-Award A bid package was assembled and notices of bids were distributed and placed on the City's website on June 25, 2010. A mandatory pre-bid meeting was held at 10:00 a.m. on July 14, 2010 and bids were opened on July 28`h at 2:00 p.m. Sixteen (16) bid packages were distributed and four contractors bid on the project. The responses were as follows: 1. Sierra Landscape $540,022 2. Parkwest Construction Co. 565,000 3'. Braughton Construction 595,000 4. CS Legacy Construction 682,943 Due to the high bid proposals, staff determined to rebid the project... Second notices were distributed and posted on the website on September 3, 2010. A mandatory pre-bid meeting was held at 10:00 a.m. on September 29, 2010, and bids were opened on October 5, 201-0 at 2:00 p.m. Any contractor attending either pre-bid meeting was authorized to submit a bid proposal. Twenty-one (21) bid packages were redistributed and 11 contractors bid on the project. The lowest three bidders are as follows: 1. Rock Bottom, Inc. $387,098 (includes walkway lighting fixtures) 2. Sierra Landscape 39'8,245 3. ATOM, Inc. 409,273 , Staff subsequently received a protest from Sierra Landscape, the second lowest bidder. Sierra Landscape stated that the low bidder, Rock Bottom,.Inc., was not appropriately licensed for the electrical work included in the project. The letter from Sierra Landscape is attached as Attachment 4. Staff has reviewed the contractor's licensing requirements, contacted the State Contractor's License Board and drafted a response: The response letter is attached as Attachment 5. The electrical work is considered incidental and supplementary to the Project as a whole, and Rock Bottom, Inc.'s active Class A license is sufficient. Staff recommends that the construction bid be awarded to Rock Bottom, Inc., which has its headquarters in Bakersfield, but has employees throughout San Bernardino and Riverside Counties. The Notice of Bids requires completion of the project within 100 days of the Notice to Proceed. Rock Bottom, Inc. will be ready to begin work within three weeks. Staff anticipates construction will be completed by April 4, 2011, which allows for bad weather days. Included in the construction project are visitors' benches, a water fountain that requires water be brought to the site, underground conduit for future installation of field and walkway lighting, improvements to the existing handicap parking and improvements to the path of travel into Pico Park. Staff recommends deferral of the walkway lights installation until the Little League organization obtains funding and installs the field lighting. Project Management On October 13, 2010, a Request for Proposals was issued and posted on the City's website for construction management and prevailing wage auditing. On the proposal due date, October 26, 2010, sixteen (16) responses were received. The three lowest yualitied responses are as follows: 1. Fraco Enterprises, Inc. $45,690 2. Simplex Construction Management 49,575 3. Willdan Engineering 52,990 Staff recommends that the Agency award the Construction Management Contract to Fraco Enterprises. Fraco was also awarded the contract for design of the field earlier this year. The Construction Management Scope of Work includes soil testing for compaction, but not surveying, staking for construction, or the staking documentation. Staff recommends that surveying and staking be added to the project management contract, which would add $8,840 for a contract total of$54,530. 4 Agency Required Findings CRL' Section 33445 provides for,Agency payment for publicly-owned facilities based on the consent and findings of the City Council, as the legislative body. The Council must determine that: 1. The improvements are of benefit to the project area. 2. No other means of financing the improvements are available to the community. 3. The project will assist in the elimination of one or more blighting.conditions. The required Resolutions making certain findings are attached for review and approval as' Attachments 6 (Council) and 7 (Agency). FISCAL IMPACT: Staff recommends deferral of walkway lighting until such time as the field lights are installed to save$14,918.80. The total Project budget is then $469,380.45, comprised as follows: Construction: $ 372,179.50 Project Management: $ 54,530.00- 10% Contingency: $ 42,670-.95 TOTAL: $469,380.45 The Agency's 80% non-housing fund is the recommended funding source for the project. The Agency's ending fund balance for Fiscal Year 2009-2010 is $4.75 million. Additional receipts for December 2010 property tax collection will be available in early 2011. Respectfully submitted, ql Joyce Powers Community and Economic Development Director 7 Manager Approval: �� e Betsy A Ad• s City Manager ATTACHMENTS: 1. Proposed Baseball Field Site Map 2. Amendment to Memorandum of Understanding with Grand Terrace Partners 3. Right of Entry Agreement with Colton Joint Unified School District 4. Formal Protest Letter from Sierra Landscape Company, Inc. 5. Staff Response to Formal Protest 6. City Council Resolution 10- 7. Agency Resolution 10- S i Attachment 1 Proposed Baseball Field Site Map Attachment 1 1167-151-61 *CRA Owned Proposed ` Baseball Field 9 1167-151-73 *CRA Owned C0' walkway 36.5' width 6.5' 49.5 1 1 1 1167-151=72 1167-201-01 CJUSD Owned Pico Park 1 1 1 2196 N W E Vacated Pico Street S 12710 12709 1 *Community Redevelopment Agency, City of Grand Terrace (CRA) 7 Attachment 2 Amendment No. 1 to Memorandum of Understanding with Grand Terrace Partners AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING THIS AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING IS hereby entered into by and between the Community Redevelopment Agency of the City of Grand Terrace (the"Agency"), the City of Grand Terrace, California, a municipal corporation(.the "City") and Grand Terrace Partners, LLC, a California limited liability company (the "Developer"),, (jointly the"Parties") as follows: RECITALS A. The Parties have previously entered into a Memorandum of Understanding ("Memorandum") dated September 11, 2007,pertaining to the preparation of the Specific Plan and EIR with regard to certain property within the City of Grand Terrace, more particularly described in Exhibit"A" of the Memorandum. B.. In order to allow the Agency and City to construct a little league field within the property currently subject to the Memorandum and to reflect the acquisition by the Colton Joint Unified District of certain property currently subject to the Memorandum, the Parties have agreed to modify the site description of the property subject to said Memorandum. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS , HEREBY ACKNOWLEDGED, THE PARTIES MUTUALLY AGREE AS FOLLOWS: AGREEMENT 1. Exhibit"A" to the Memorandum is hereby amended to reflect the Revised Site Plan and Exclusive Negotiating Agreement, which revised Site Plan and Exclusive Negotiating Agreement, is attached hereto as Exhibit"A" Revised. 2. All other provisions of the Memorandum remain unchanged. IN WITNESS WHEREOF, the Parties have executed this First Amendment to Memorandum of Understanding as of the day and year written below. 1 A Date: October_, 2010 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Chairperson, Maryetta Ferre Date: October_, 2010 CITY OF GRAND TERRACE, CALIFORNIA, MUNICIPAL CORPORATION By: Mayor,Maryetta Ferre ATTEST: Brenda Mesa, City and Agency Clerk Date: September 30, 2010 MAR TORRANCE PARTNERS,L.P., a Delaware limited partnership By: Mar Ventures, Inc.,. a California corporation Its: General President, Allan W. Mackenzie APPROVED AS TO FORM: City Attorney, John R. Harper 2 11 Exhibit A 167- 1167- 1167- 1167- 141-11 141-04 141-0 _ O 1167- 1167- �� ( titi6 167-141-06 141.07 141-0 N c 1167-161-05 0 0 .4 �Q �+ �q n 1167-151-03 1167-161-04 1167-151-13 14 fV 1167-151-12 IV 1167-151-14 1167-151-23 ti~ N U3 h 1167-151-20 ti 1167-151-19 1167-181-13 1167-151-22 1167-181-12 1167-151-23 ~^ 1 yh~ 1167-151-21 167-181-01 01. ti~ _ 1167-151 18 1167-151-21 1167-151-61 1167-151-62 1167-151-24. 1167-151-68 1167-151-71 N 1167-151-69 W E S r� 11 Attachment 3 Right of Entry Agreement with Colton Joint Unified School District 1' RIGHT OF ENTRY AGREEMENT Baseball Field Access This Right of Entry Agreement ("Agreement") is made and entered into this _ day of November 2010, by and between the Colton Joint Unified School District ("CJUSD"), and the City of Grand Terrace and the Community Redevelopment Agency of the City of Grand Terrace ("City"). CJUSD owns the real property identified by Assessor's Parcel Number 1167-151-72 within the City of Grand Terrace; County of San Bernardino, State of California ("District Property") and the City desires to obtain public access to Assessor's Parcel Numbers 1167-151- 73 and 1167-151-61 ("City Property") by crossing the District Property. CJUSD desires to grant authority to City and the public to enter a portion of the District Property as identified on Exhibit "A" attached hereto and incorporated herein by reference("Access Passage"). 1. Scope. CJUSD, owner of the District Property, hereby grants permission to the City and the public to enter the Access Passage for the limited purpose of traveling to and from City Property. City may also enter the Access Passage the purposes of, at the City's sole expense, constructing a concrete walkway and lighting on the Access Passage to allow passage to City Property ("Work"). Attached hereto and incorporated herein as Exhibit `B" are plans and specifications for the access passage. 2. Term. This Agreement will be effective on the date first written above and shall terminate only upon termination of the baseball.field use by the City, unless earlier terminated as set forth in this Agreement. 3. Compensation. As compensation for use of the Access Passage, City shall maintain the Access Passage and perform-the Work at City's sole expense. 4. Condition of Premises. During the term of this Agreement, City is to avoid damaging or contaminating the Access Passage or District Property, including any existing landscaping or plants, and shall take all reasonable steps to maintain the Access Passage in an orderly and appealing manner. City shall be responsible for and shall pay for any repairs or replacements of any character whatsoever which are occasioned or are made necessary because of the negligence or misuse of the Access Passage by City's employees or invitees. Following written notice to the City by the District, should the City fail to maintain or repair the Access Passage, within thirty (30) days of such notice, during the term of the Agreement, CJUSD may, at CJUSD's sole discretion, undertake any maintenance or repair of the Access Passage and City shall reimburse CJUSD for the costs of such repairs or maintenance within thirty (30) days of invoice by CJUSD. At the termination of the Agreement, City will restore the Access Passage to a condition equal to or better than its condition at the commencement of the term of this Agreement improvements associated with the Work and reasonable wear and tear excepted. 1 5. Termination. A. This Agreement may be terminated by CJUSD immediately if it is determined that City's actions are unsafe or create potential liability to CJUSD. CJUSD may terminate this Agreement upon ninety (90) days written notice to City for any reason. B On or before the date of termination of this Agreement, or upon notice that this Agreement is revoked, City shall, at its sole expense, clean up and remove all rubbish and debris, and place Access Passage in the same order and condition as existed at the commencement of this Agreement, improvements associated with the Work and reasonable wear and tear excepted. In the event that City fails to clean up the Access Passage, within thirty (30) days of the date of termination, CJUSD may, at CJUSD's sole discretion, undertake any clean up of the Access Passage and City shall reimburse CJUSD for the costs of such clean up or maintenance within thirty (30) days of invoice by CJUSD. C. Upon termination, expiration or revocation of the Agreement, CJUSD shall retain title to all improvements associated with the Work on the Access Passage. 6. Access. Both parties shall make every reasonable effort to keep access to the Access Passage open at all times and shall not interfere the other's activities in any way. Prior to performing the Work, City shall coordinate with the CJUSD, either telephonically or in writing, in order to ensure that CJUSD activities are not disrupted. 7. Indemnification. Except as to sole negligence or willful misconduct of the CJUSD, City agrees to indemnify, defend and hold the CJUSD, its officers and employees, harmless from and against all claims, damages, losses, liability, cost or expense, including attorney's fees, which arises out of or is in any way connected with the performance of Work or use of the Access Passage under this Agreement by City or any of City's employees, agents, subcontractors or invitees. The parties expressly agree that any payment, attorney's fee, costs or expenses the City incurs or makes to or on behalf of an injured employee of the City under the City's self- administered workers' compensation is included as a loss, expense or cost for the purpose of this Section, and that this Section shall survive the expiration or early termination of this Agreement. 8. Workers' Compensation Insurance. By executing this Agreement, City certifies that it is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the Work. City shall carry the insurance or provide for self-insurance required by California law to protect CJUSD from claims under the Workers' Compensation Act. Prior to CJUSD's execution of this Agreement, City shall file with CJUSD either a certificate of insurance showing that such insurance is in effect, or that they are self-insured for such coverage. Any certificate tiled with CJUSD shall provide that CJUSD will be given ten (10) clays prior written notice before modification or cancellation thereof. 2 9. General Liability Insurance. Prior to CJUSD's execution of this Agreement, City shall provide proof of general liability insurance as required to insure CJUSD against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of City. CJUSD, and its officers, employees and agents, shall be named as additional insureds under the City's insurance policies. All liability insurance shall be issued by insurance companies authorized to transact liability insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher, or through a Joint Powers Insurance Authority. General liability insurance policies shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000, unless otherwise approved or reduced by CJUSD. These minimum amounts of coverage shall not constitute any limitation or cap on City's indemnification obligations under Section 7 hereof. Any policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to CJUSD by certified or registered mail, postage prepaid. 10. Hazardous Substances Indemnity. City expressly agrees to and shall indemnify, defend, release and hold CJUSD, its officers, officials, directors, agents, servants, employees, attorneys and contractors harmless from and against any liability, loss, fine, penalty, fee, charge, lien,judgment, damage, entry, claim, cause of action, suit, proceeding (whether legal or administrative), remediation, response, removal, or clean-up and all costs and expenses associated therewith, and all other costs and expenses (including, but not limited to, attorneys' fees, expert fees, and court costs) in any way related to the .disposal, treatment, transportation, manufacture, or use of any Hazardous Substances on, in, under, or about the Access Passage by City, or its respective officers, directors, agents, servants, employees or contractors, or by any other third party acting under the control or request of the City, other than CJUSD and its respective officers, agents, servants, employees or contractors. This indemnity, defense and hold harmless obligation shall survive the expiration or termination of this Agreement. 11. Hazardous Substances Defined. Hazardous Substances shall mean any (a) substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or. addressed pursuant to CERCLA, 42 U.S.C. § 9601, et seq.; The Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); The Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; The Clean Water Act, 33 U.S.C. § 1251, et seq.; The Hazardous Waste Control Act, California Health and Safety Code ("H. & S.C.") § 25100, et seq.; the Hazardous Substance Account Act, H. & S.C. § 25330, et seq.; the California Safe Drinking Water and 3 Toxic Enforcement Act, H. & S.C. § 25249.5, et seq.; Underground Storage of Hazardous Substances H.& S.C. § 25280, et seq.; the Carpenter-Presley-Tanner,Hazardous Substance Account Act (H & S.C. § 25300 et seq.); The Hazardous Waste Management Act, H. & S.C. §§ 25170.1, et seq.; Hazardous Materials Response Plans and Inventory H. & S.C. § 25001 et seq.; or the Porter-Cologne Water Quality-Control Act, Water Code § 13000, et seq., all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes, (c) petroleum, crude oil or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles, and (d) polychlorinated biphenyls (PCB), radon gas, urea-formaldehyde, asbestos and lead., 12. Venue and Attorneys' Fees. Any'action at law or in equity brought by any of the parties hereto for the .purpose of enforcing a right or rights provided for'by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law proving for a change of venue in such proceedings to any other county.. In the event any party hereto shall bring suit to enforce any term of this Agreement or to recover any damage for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 13. Nondiscrimination. During City's performance of this Agreement, it shall,not discriminate on the grounds of,race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code._Further, City agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 14. Notices. Service of any notices, bills, invoices or other documents required or permitted under this_ Agreement shall be sufficient if sent by one party to the other by United States mail,.postage prepaid and addressed as follows. Colton Joint Unified School District City Colton Joint Unified School District City of Grand Terrace 1212 Valencia Dr., 22795 Barton Road Colton, CA 92324 Grand Terrace, CA 92313 Attn: Darryl Taylor Attn: City Clerk 4 1d 15. Assignment. It is mutually understood and agreed that this Agreement is personal to both parties and may not be assigned or transferred in any way. Any transfer shall be void and of no effect. 16. Authority. The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their respective entities to the terms and conditions hereof and thereof. 17. Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Agreement and the remainder of the Agreement shall continue in full force and effect. 18. Compliance with Law. City shall comply with all laws, ordinances, rules, and regulations applicable to the Access Passage, and shall be responsible to obtain any and all permits which may be necessary pertaining to City's activities on or about the Access Passage. CJUSD shall ensure that the Work complies with all applicable federal, state or local laws, rules or regulations, including compliance with Division of the State Architect ("DSA") building requirements, if applicable. 19. Background Checks. In the event any portion of the Work or City's activities on the Access Passage will occur when students are present, City shall conduct criminal background checks, through the California Department of Justice, of all employees, agents, and contractors providing services to City upon the Access Passage pursuant to this Agreement, and shall provide to the CJUSD a list of the names of the employees and/or agents of City who may come into contact with pupils upon the Access Passage, pursuant to Education Code section 45125.1. In the alternative, City may elect to ensure the safety of pupils pursuant to Education Code section 45125.2 by one or more of the following methods: 1) the installation of a physical barrier at the worksite to limit contact with pupils, or 2) continual supervision and monitoring of all employees or agents of City by an employee or agent of City whom the Department of Justice has ascertained has not been convicted of a serious felony. 20. Liens and Claims. City will not permit any mechanics' materialmen's, or similar liens or claims to stand against the Access Passage for labor or material furnished in connection with any work performed by City under this Agreement. Upon reasonable and timely notice of any such lien or claim delivered to City by CJUSD, City may bond and contest the validity and the amount of such lien, but City will immediately pay any judgment rendered, will pay all proper costs and charges, and will have the lien or claim released at its sole expense. 21. Legal Interpretation of Instrument. The parties expressly understand and agree that this Agreement constitutes an Agreement for use of the Access Passage, and is neither 5 17 intended by the parties, nor shall it be legally construed to convey, a leasehold, easement, or other interest in real property. Should either party be compelled to institute arbitration, legal, or other proceedings against the other for or on account of the other party's failure or refusal to perform or fulfill any of the covenants or conditions of this Agreement on its part to be performed or fulfilled, the parties agree that the rules and principles applicable to Agreements shall govern such actions or proceedings. This Agreement shall be governed by the laws of the State of California. 22. Entire Agreement; Amendment. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements made prior to the date hereof. This Agreement may not be changed except in writing executed by both parties. 23. Successors, Assignment. This Agreement shall be binding and inure to the benefits of the successors of the respective parties. This Agreement may only be assigned upon the written consent of both parties. 24. Exhibits. The following exhibits which are attached hereto are incorporated herein and made a part of this Agreement: Exhibit "A" - Map of Access Passage Exhibit `B" - Plans and Specifications for Work 25. Recitals. The Recitals are incorporated into this Agreement as though fully set forth herein. 26. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date and year first written above. COLTON JOINT UNIFIED SCHOOL CITY AND CITY OF GRAND TERRACE DISTRICT COMMUNITY REDEVELOPMENT AGENCY By: By: City Manager By: Agency Executive Director 6 1* ATTEST: ATTEST: City Clerk Agency Secretary Approved as to Form: Approved as to Form: �t City Attorney Agency Attorney 7 19 ExhibitA 1167-151-61 �CRA Owned 1167-151-73 '-CRA Owned 41 60' F3 6.71 5.5, J.. 1167-151-72 1167-201-01 12 CJUSD Owned City Owned Pico Park Vacated Pico Street li 7 10 I 1 7 Ll�4 1 7. 'CO111111LInity Redevelopment Agency, City of Grand Terrace t.CRA.) 2( Exhibit"B" Insert Plans and Specifications for the Work l 9 ')1 Attachment 4 Formal Protest Letter from Sierra Landscape Company, Inc. Sferra LANDSCAPE October 12,2010 �- City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313-5295 (909)783-2600 RE: BID PROTEST Baseball Field Grading,Landscape,Irrigation and Lighting Bid No. G.T.B. 10-06 Dear Ms. Powers, Siena Landscape Co.hereby submits a formal protest for the above referenced project, submitted by the apparent low bidder(Rock Bottom Inc.) who appears not to be in compliance with the instructions to bidders for the aforementioned project. t� The following points,outlined as described in the bid documents,define our grounds for the protest. 1. Designation of Contractors Form does not list an Electrical Contractor as a subcontractor. Therefore,Rock Bottom Inc has deemed themselves to be fully qualified to perform the electrical work itself, which requires a C-10 license. Additionally,the electrical portion of the work required is significantly in excess of(1/2%)or$10,000.00. Please contact our office at your convenience should you have any questions regarding this matter. YC�rdially, erss Development 73-771 Dinah Shore Drive,Suite 200 • Palm Desert,CA 92211 • 760-328-8900 Office • 760-328-8944 Fax www.sierraiandscape.com • Lic.No.492834 12 Attachment 5 Staff Response to Formal Protest Letter Community and Economic,Development Department iALIFORVIA October 26, 2010 John C. Gonzalez JSierra Landscape Company, Inc. 73-771 Dinah Shore Drive, Suite 200 Palm Desert, CA 92211 Re: Formal Protest of Apparent Low Bidder for GTB 10-06 Dear Mr. Gonzalez, City staff has reviewed the formal protest of the apparent low bidder for GTB 10-06. The submitted protest.states, "Designation of Contractors Form does not list an electrical contractor as a subcontractor. Therefore, Rock Bottom, Inc. has deemed themselves to be fully qualified to perform the electrical work itself, which requires a C-10 license. Additionally, the electrical portion of the work required is significantly in excess of(1/2%) or$10,000." After careful investigation and review, the City finds Rock Bottom Inc. to be in full compliance with the Instructions to Bidders document, the Contractors State Licensing Board,`Business & Professions Code and the Public Contract Code on the following grounds: 1. Staff contacted the Contractors State License Board on October 14, 2010 and spoke with a technician (Reggie), who confirmed that the walkway lighting is incidental to the overall project. Therefore, according-' to The Contractors State License Board: License Law and Rules and Regulations, "the contractor may use subcontractors to complete the incidental and supplemental work, or he may use his own employees to do so." 2. California Contractors State Licensing Board confirmed the apparent low bidder carries an active Class A license which, according to the Business & Professions Code, includes work with "powerhouses, power plants and other utility plants". Working with electricity and electrical components is implied in the listing of these types of projects. 3. Staff evaluated the claim that the electrical work was in excess of 1h% of the overall bid and/or $10,000. Section 4104 of the Public Contract Code states that the prime contractor must name all subcontractors that will perform work or labor. Rock Bottom, Inc. will be performing all electrical work for the project. 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 'f L GTB 10-06 Protest Response Letter Staff has made the determination that the apparent low bidder, Rock Bottom, Inc., has met the requirements and will not be disqualified. We would like to sincerely thank you for participating in the bid process. We hope to receive bids from your company again in the future. Sincerely, oyce✓Powers Director Community & Economic Development Department Attachment 6 City Council Resolution 10- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CERTAIN FINDINGS REGARDING THE CONSTRUCTION. AND INSTALLATION OF PUBLIC IMPROVEMENTS, WHICH ARE OF BENEFIT TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Grand Terrace ("Agency") desires and intends to construct and install public improvements consisting of a baseball field, in the Grand Terrace Community Redevelopment'Project(the "Project Area") with funding provided by the Redevelopment Agency of the City of Grand Terrace ("Agency"); and WHEREAS, the lack of public facilities and parks improvements within the Project Area creates a blighting influence in the area and causes a deterrent to the physical and economic health of area, thereby constituting blight; and WHEREAS, the Baseball Field Facility Improvements will improve the utility of the surrounding land area, thereby benefiting the Project Area; and WHEREAS, the Improvements are anticipated to enhance and promote the revitalization of the Project Area; and WHEREAS, Health,and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure, or other improvements that is publicly owned either within or without the Project Area. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Grand Terrace hereby: Section 1. That the Baseball Field Facility Improvements will be of benefit to the Project Area in that it will assist in removing blight by improving the health and safety, and promoting revitalization and better use of an underutilized area. Section 2. That there is no other reasonable means of financing the entire Improvements available to the community because the Baseball Field Facility Improvements are not within the budget of the City. Section 3. That consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490, the payment of funds for Baseball Field Facility Improvements will assist in the elimination of blight, provide a new public facility, and promote and enhance the revitalization of the Project Area, thereby eliminating one or more blighting conditions contained in the Project Area. Section 4. The City Council hereby consents to the Redevelopment Agency of the City of Grand Terrace paying for all or part of the costs of the installation and construction of the Baseball Field Improvements. PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 9th day of November 2010 by the following vote: ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and the City Council thereof and the City Council thereof Resolution No. 2010- I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 9`h day of November 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John R. Harper, City Attorney la Attachment 7 Agency Resolution 10-_ 3 RESOLUTION NO. 2010- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE , CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING CERTAIN FINDINGS REGARDING THE CONSTRUCTION AND INSTALLATION OF PUBLIC IMPROVEMENTS, WHICH ARE OF BENEFIT TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Grand Terrace("Agency") desires and intends to construct and install public improvements consisting of a baseball field, in the Grand Terrace Community Redevelopment Project(the"Project Area") with funding, provided by the Redevelopment Agency of the City of Grand Terrace ("Agency"); and WHEREAS, the lack of public facilities and parks improvements within the Project Area creates a blighting influence in the area and causes a deterrent to the physical and economic health of area, thereby constituting blight; and WHEREAS, the Baseball Field Facility Improvements will improve the utility of the surrounding land area; thereby-benefiting the Project Area; and WHEREAS, the Improvements are anticipated to enhance and promote the revitalization of the Project Area; and WHEREAS, Health and Safety Code Section 33445 provides that the Agency may, with the consent of the legislative body, pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure, or other improvements that is publicly owned either within or without the Project Area. NOW THEREFORE,BE IT RESOLVED by the Community Redevelopment Agency of the City of Grand Terrace hereby: Section 1. That the.Baseball Field Facility Improvements will be of benefit to the Project Area in that it will assist in removing blight by improving the health and safety, and promoting revitalization and better use of an underutilized area. Section 2. That there is no other reasonable means of financing the entire Improvements, available to the community because the Baseball Field Facility Improvements are not within the- budget of the City. Section 3. That consistent with the implementation plan adopted pursuant-to Health and Safety Code Section 33490, the payment of funds for Baseball Field Facility Improvements will assist in the elimination of blight, provide a new public facility, and promote and enhance the '�1 revitalization of the Project Area, thereby eliminating one or more blighting conditions contained in the Project Area. PASSED AND ADOPTED by the Community Redevelopment Agency of the City of Grand Terrace, California at a regular meeting held on the 9th day of November 2010 by the following vote: ATTEST: Secretary'of the Community Redevelopment Chairperson of the Community Agency of the City of Grand Terrace Redevelopment Agency of the City of Grand Terrace Resolution No..2010- I, Brenda Mesa, Secretary of the Community Redevelopment Agency of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Community Redevelopment Agency of the City of Grand Terrace held on the 9`h day of November 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa Agency Secretary Approved as to form: John'R. Harper, Agency Counsel M1 ' tALIFORNIA AGENDA REPORT MEETING DATE: November 9, 2010 Council Item( ) CRA Item (X) TITLE: Continuing Appropriations PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: 1) Approve and appropriate continuing appropriations as detailed by staff report in the amount of $440,053 in CRA Capital Projects Fund (32). 2) Approve and appropriate continuing appropriation of purchase orders as detailed by staff report in the amount of $133,888 in CRA Capital Projects Fund (32). 3) Direct staff to make any necessary adjustments to the continuing appropriations in FY 2010-11 due to possible changes in the FY 2009-10 balances when the fiscal year is closed. r BACKGROUND: Each fiscal year, the Agency Board is requested to continue appropriations on projects and contracts in progress for which the completion is beyond the original fiscal year. Staff reviews purchase orders committed contracts and projects and prepares a continuing appropriation recommendation for the Board to amend the new fiscal year budget. DISCUSSION: Continuing appropriation items will increase the expenditure budget in the new fiscal year. The increase in expenditures will be-funded by savings in the previous fiscal year budget. Staff prepared the FY 2010-11 budget under the assumption that generally all budgeted lines items would be at least spent by June 30`h of that year. Approving the continuing appropriations will cause no net change to fund balance reserve. FISCAL IMPACT: Increase FY 2010-11 Budgeted Expenditures in CRA Capital Project Fund (32) by $440,053 for project continuing appropriations to be funded by savings from FY 2009-10. CRA AGENDA ITEM NO. Increase FY 2010-11 Budgeted Expenditures in CRA Capital Project Fund (32) by $133,888 for continuing appropriation of purchase orders. This amount will be funded by savings from FY 2009-1.0 Respectfully submitted, Bernie Simon Finance Director. Manager Approval: J Betsy A Adams 'City Manager ATTACHMENTS: 2010-11 Continuing Appropriations Detail page 00 &A3 TI A0Ira 3 A AF#0 FY 2010-11 Continuing Appropriations—Projects/Purchase Orders DETAILS Projects/Programs FY 2009-10 Expended Encumbered Unspent FY 2010-11 Budgeted Continuing Approp 1 Grand Terrace Road 39,187 0 0 39,187 39,187 Landscape Project GTB 10-03 ^ 32-600-322 = 2 Barton Road Corridor 92,709 0 0 92,709 .92,709 Eng. Design Impv 32-600-325 . 3 Storm Drain Project 130,000 0 0 130,000 130,000 CJUSD - 32-600-303 4 Commercial Exterior 225,000 52,357 0 172,643 172,643 Improv Program 32-600-3rkA , 5 Neighborhood Improv 36,809 31,295 0 5,514 5,514 Grants 32-600-305 Subtotal Projects 523,705 83,652 0 440,053 440,053 Continuing PO 133,888 --- --- 133,888 133,888 Appropriations 1' Total 657,593 83,652 0 573,941 573,941 Notes 1) Project in progress — landscaping on Grand Terrace Road and Barton Road Contractor is EZ Sunnyday Landscape. 2) Engineering / design for Barton Road Infrastructure Improvements; contractor is Webb&Associates. 3) Storm Drain Improvement contribution- High School 4) Commercial improvement program carryover remaining balance 5) Neighborhood improvement grant program-carryover remaining balance 3 Continuing Appropriations urchase orders—contracts in progress Purchase Orders PO# Balance FY 2010-11 6-30-10 Continuing Approp a Lilbum Corp 23-302-68 2426 12,950 12,950 b I K&A Engineering 32-600-205 1952 10,361 10,361 c K&A Engineering 32-600-205 1990 20,080 20,080 d M. Brandman Assoc 32-600-205 1991 39,439 39,439 e Stantec Consulting 32-600-205 1993 20,746 20,746 f Smothers Appraisal 32-600-205 2011 13,400 13,400 LSA 32-600-212 2385 14,498 14,498 h Fraco Enterprises 32-600-312 2397 2,414 2,414 Total Purchase Orders 133,888 133,888 a) Canal Village Project b) Base Map Svcs GT Retail Center c) Engineering for Freeway Project d) EIR Consultant for Freeway Project Specific Plan e) EIR Consultant—GT Specific Plan f) Appraisals g) EIR Town Square h) Ball field'engineering ti��• 4 AGENDA REPORT MEETING DATE: November 9, 2010 Council Item (X) CRA Item ( ) TITLE: Award of Bid, GTB 10-4, for the Grand Terrace Senior > Center Commercial Kitchen Remodel. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: City Council: Award construction. contract -for the Grand Terrace Senior Center Commercial Kitchen Remodel, GTB_ 10-04, to DJD Group, Inc. Agency: Appropriate $137,391.10 from the Agency's non- housing funds to the project, pending a reimbursement in Community Development Block funds of$80,000.00. BACKGROUND: The Grand Terrace Senior Center was originally constructed with kitchen facilities accommodating minor heating of pre-made foods. It is the desire of the Grand Terrace Senior Center Planning Committee to have a commercial kitchen-facility. Plans and bid specifications were prepared .to remodel the °existing kitchen to facilitate,a commercial kitchen use. The architect's estimate for this project was $80,000.00. DISCUSSION: After the commercial kitchen plans were approved by San Bernardino County Health Department, a notice inviting bids was released on June 18, 2010. A mandatory pre-bid meeting was held on July 6, 2010 to discuss the plans,and specification for the kitchen remodel. Bids for the kitchen remodel were opened on July 20, 2010. Two construction companies bid on the project. 1. TSR Construction, $183,700.00 2. California Construction, $115,400.00 CRA AGENDA ITEM NO.j 1 These bids were valid through September 3, 2010. After review of the submitted bid documents, Staff decided not to accept the bids and go back out to rebid the project with expectations of receiving additional competitive bids of lower amounts. On August 13, 2010, Staff released a second notice inviting bids. A mandatory pre-bid meeting was held on September, 1, 2010. The followiri.g contractors attended the pre- bid meeting. 1. Arrowhead Mechanical 2. Atom Inc. 3. DJD Group Inc. 4. Kamran & Co. 5. JM Builders 6. San Diego Restaurant Supply 7. TSR Construction On September 20, 2010, only one bid was submitted from DJD Group Inc., for $138,549.42. After the bid was opened at 2:00 p.m., another bidding contractor showed up at 2:10 p.m., 10 minutes late to submit his bid. The bid was not accepted by the City Clerk's office due to late arrival. After consideration of the DJD Group Inc., bid amount, Staff consulted with the City Attorney and then decided to explore possible alternatives in kitchen equipment while still providing a useful commercial kitchen facility for the Grand Terrace Senior Center. Staff met with DJD Group, Inc., to discuss possible alternatives on the project. DJD Group Inc., agreed to assist staff and rebid the project if changes were made. Staff met ,with San Bernardino County Health Department to discuss possible alternatives in kitchen equipment, which is the greatest cost of the remodel. The Health Department noted kitchen equipment that could be considered optional to help reduce costs. The items identified were: reducing the commercial hood from twelve (12) feet long to seven (7) feet long to accommodate the four burner oven. Numerous shelving, prep counters, coolers, storage racks and miscellaneous equipment were also identified as optional. The commercial dishwasher and associated appliances attaching to the dishwasher were also identified as optional. Pursuant to the plans, all of the kitchen walls were called out to have FRP coverings which is a plastic covering eight (8) feet high. This product can be reduced to cover only those areas four (4) feet above the plumbing fixtures. The remainder of the walls can be painted with paint that is easily washable. Staff also met with Family Service Association who currently provides lunch at Grand Terrace Senior Center to discuss the proposed kitchen equipment changes. The kitchen equipment changes are acceptable to Family Services Association. 0LI M311 A A AT1 DJD Group Inc., provided a cost proposal based on the changes in kitchen equipment on October, 27, 2010 totaling $117,681.00. After further consideration of the reductions in kitchen equipment, Staff felt that the commercial kitchen may serve users better with a commercial dishwasher installed with the remodel. The price to,install the commercial dishwasher and associated equipment is $7,220.00 bringing the total for the project to $124,901.00. Staff recommends the City Council award the contract to DJD Group Inc., in the amount of$124,901.00. FISCAL IMPACT: The Grand Terrace Senior Center commercial kitchen remodel ' will be funded by �.� $80,000.00 in CDBG funds with the balance from Community Redevelopment Agency. Staff requests that the Agency transfer $137,391.10 to the project account, which, includes a 10% contingency. The CDBG funds are a reimbursement and those funds will be returned to the Agency once received. Respectfully submitted, 4?kard Shields Director of Building and Safety/Public Works City Manager Approval: Betsy,Adamsf City Manager ATTACHMENTS: DJD Group Inc., Bid Proposals BID FORM Bids due no later than 2:00 p.m. on Tuesday, September 7, 2010 at the office of the City Clerk. TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the "CITY". Pursuant to and in compliance with your Notice to Contractors calling for Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: Senior Center Commercial Kitchen All in strict conformity with the drawings and specifications and other Contract Documents, including Addenda No. 01 , and — , on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of: O CQ B E B 11 1i CI7C1M DOLLARS ($ rI , �81•C� ` (SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS) COMPANY NAME'' Grout', J m- TI E C' C'n. -IrJ Cor4all- wuc%C\cl q DS C6 CITY ZIP CODE TELEPHONE (QISA ) `18� - r7 CONTRACTOR'S LICENSE NO. B-6 DATE Lq` -25' 10 BIDDER'S NAME, ADDRESS & PHONE STATE CONTRACTOR'S LICENSE NOIC)(319 I t G rc �Im CITY BUSINESS LICENSE NO. l �1 (if available) CORPORATE SEAL _ Corporation i rp r ed under the State of V"(1i(Dk' _ TELEP E• —If�'0 �0� (Ar Co ) BY: Signature Print or type name _ TITLE: ' Names and addresses of all members of copartnership or names and titles of all officers of the corporation: o2JOS 1 pyre. '.IeYc�'icl CA Sc- -ye�mcx�j �e C�e ��Ds Ne.Qx-,,�7,ck, (Note here any addenda received) B-7 CITY OF GRAND TERRACE SENIOR CENTER COW tCIAL KITCHEN DATE: 12/25/2010 CONTRACTOR: DJD Group Inc. W.O. No.: 12.708 BID No.: G.T.B. 10-04 BIDDING SCHEDULE ITEM EQUIPMENT PLAN DESCRIPTION OF ITEMS ESTIMATED TOTAL COST NO. NO. QUANTITY 1 Floor Plan Demolish existing kitchen LS $ 9,800.00 2 Floor Plan Remove and frame in existing receiving double doors LS $ 1,000.00 -- 3 Floor Plan Remove and frame in existing service double $ 1,000.00 doors LS 4 Floor Plan Remove and frame in existing single door $ 400.00 LS 5 Floor Plan Construct and frame in new 3' by 7' opening LS $ 300.00 6 OUT Remove water heater wall and door, frame in and install OUT OUT new door 7 Floor Plan Frame microwave area to 7' high LS $ 500.00 8 Floor Plan Frame in office area to 8' high and install new TX 3' LS $ 1,000.00 window 9 OUT Replace existing door with "Elison" door—36"with OUT OUT window 10 Floor Plan Install 6" coved sanitary base LS $ 2,000.00 Purchase & install 2-drawer file cabinets — 11 -- — # 8 standard metal - lockable 2 EA $ 386.00 CITY OF GRAND TERRACE r DATE: 12/25/2010 SENIOR CENTER COMMERCIAL KITCHEN CONTRACTOR: DJD Group Inc. W.O. No.: 12.708 BID No.: G.T.B. 10-04 RIDDING SCHEDULE 12 Purchase & install Fly Fan —Air Curtain 36" #9 1 EA $ 1,019.21 13 Purchase & install cutting board —24" X 24" cutting # 10 board — plastic 1 EA $ 82.06 14 Purchase & install worktable— # 11 24" X 84" S/S table with 4" back splash 1 EA $ 728.00 15 Purchase & install worktable— # 11 24" X 84" S/S table (no backsplash) 1 EA $ 890.00 16 Purchase & install 12" X 72" S/S wall shelf # 13 1 EA $ 321.00 17 # 15 Purchase & install 18" X 48" chrome wire racking 4 EA $ 411.00 18 Purchase & install employee locker— # 16 12"w X 72"H X 18"d double stack 2 EA $ 444.00 19 Purchase & install refrigerator— # 17 Continental Refrigerator Model No. 21R 1 EA $ 3,470.00 20 Purchase & install vegetable prep. sink— # 19 18" X 18" X 18" tubs & 18" drain board and faucet 1 EA $ 537.00 21 Purchase & install 24"X 21" X 8' wall service mop sink # 20 1 EA $ 485.00 22 Purchase & install 24"w X 15"d storage cabinet & 16" mop # 21 holder lEA $ 385.00 23 Purchase & install dish table —clean OUT 24" X 94" S/S OUT OUT 24 Purchase & install pre-rinse unit— OUT OUT OUT 25 # 27 Purchase & install 3 tub sink with faucets—90" X 24" - 26 Purchase & install wall shelf— 1 EA $ 735.00 # 28 S/S wall shelf 12" x 84" 1 EA $ 208.00 C- 7 CITY OF GRAW :RRACE SENIOR CENTER COML...MIAL KITCHEN DATE: 12/25/2010 CONTRACTOR: DJD Group, Inc. W.O. No.: 12.708 BID No.: G.T.B. 10-04 BIDDING SCHEDULE 27 OUT Purchase & install floor sink — 12X12 OUT OUT 28 Purchase & install fire extinguisher— # 30 K Grade 1 EA $ 202.00 29 Purchase & install fire suppression system — #31 Ansell Protective Products LS $ 3,80000 30 Purchase & install hand sink, soap &towel #32 1 EA $ 267.00 31 Purchase & install wall shelves— # 33 S/S wall shelf 12" X 48" 1 EA $ 145.00 32 Purchase & install work tables— # 34 24" X 48" S/S work table 1 EA $ 247.00 33 Purchase & install filler table— OUT 15" X 30" S/S table OUT OUT 34 Purchase & install filler table — OUT 30" X 30" S/S table OUT OUT 35 Purchase & install 60" restaurant range — # 37 Royal Range of California, Inc. Model No. RR-4G36 1 EA $ 3,752.00 36 Purchase & install 8' x 4' hood with blower— # 38 1 EA $ 12,500.00 37 Purchase & install S/S work table— # 39 30" X 72" with 10 X 14 hand sink with faucet 1 EA $ 1,139.00 38 Purchase & install work table— #40 30" X 36" S/S work table 1 EA $ 237.00 39 Purchase & install grease trap— NO NUMBER Canplas Model No. 3950A-03 1 EA $ 1,100 00 40 Purchase & install coffee brewer— OUT Bunn-o-matic Model No. Axiom-35-3-0003 OUT OUT 41 Purchase & install refrigerated counter— OUT Continental refrigerator Model No. DL48-12 OUT OUT 42 Purchase & install toaster— __ __ __ OUT FMP Model No. 222-1 OUT OUT a CITY OF GRAND TERRACE DATE: 12/2.5/2010 SENIOR CENTER COMMERCIAL KITCHEN CONTRACTOR: DJD Group Inc W.O. No.: 12.708 BID No.: G.T, 3. 10-04 BIDDING SCHEDULE TOTAL FOR BID SCHEDULE I (ITEMS 1 THROUGH 42) Q( (words) (figure) rr n CITY OF GRAND TERRACE TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND TERRACE In compliance with the Notice Inviting Bids, published by the City Clerk, the undersigned hereby proposes to furnish all materials, equipment and all labor and methods and do all things necessary for the proper furnishings of the equipment, in strict and complete accord with the Specifications now on file with the City Finance Department at the prices set forth in the attached Bid Schedule. The undersigned hereby declares, as bidder, that he/she has examined the Specifications and also understands that all equipment to be furnished shall be for the bid price, and that the undersigned has also checked all figures shown and understands that neither the City of Grand Terrace nor any officer thereof will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. The City Council reserves the right to reject any and all proposals, waive any irregularities in bidding or to award the Contract to other than the lowest bidder. Enclosed is the pr posal guaranty, made payable to the City of Grand Terrace, for the sum of $ , which is not less than ten percent (10%) of the total amount of this bid. In accordance with Subsection 2-1.054 of the Standard Specifications for Public Works Construction, 2006 Edition, the following subcontractors are listed: NAME AND BUSINESS ADDRESS ITEMS OF WORK TO BE SBCONTWTOLS: SUBCON RAC TEID:?.0. 5ve 'cIc,CW+ �I�SIy urm�+ AQe E g� G.'250q� C 'J •� C.� cl�5�D5 �C(�^(1�'Yl C-5 11 DATE » `�`� ` ZQ 10 BIDDER'S NAME, ADDRESS & PHONE STATE CONTRACTOR'S LICENSE 1\10.7190��tj CITY BUSINESS LICENSE NO. (if available) I fGroj(), C . CORPORATE SEAL cul Aje Corporation incorp Oed under the State of F<Dt-nick . TELEPH 92g. mr? (Are Code) BY: atu I �r L� Prin or type name TITLE:— Names and addresses of all members of copartnership or names and titles of all officers of the corporation --DD,vicf ,De ' -n-ncfro — to '''GPIr a00 S i H W can Owe.Z-k� . CA- f=cvv�r'rr wroxo -- �,zNt Q2_12 5 Tc:�r V V vV. c,�eCAJ (Note here any addenda received) C-5 1 1 D. J . D. Group, Inc. Commercial • Restoration * Residential Proposal October 27, 2010 To: City of Grand Terrace Project: Senior Center Commercial Kitchen Community & Economic Development Extra to Bid NOS: G.T.B. 10-04 22795 Barton Road Grand Terrace, CA 92313 This proposal includes material and labor for the following: r 22. S.S Dish Table 23. S.S. Basket 24. S.S. Tray Shelf r 25. Spray Fixture 26. Electric Dish Washer & Landing TOTAL $ 7,2Z0.00 Acceptance of proposal Sign and date 2225 Trafalgar Ave., Riverside, CA 92506 ♦ Office: (951) 784-0007 ♦ Fax: (961) 784-0087 1' vchlist Voucher List Page: 1 11/02/2010 11:32:06AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65970 10/19/2010 010164 GREAT-WEST PR End 9/17/10 Contribution Balance PR End 9/17/10 1'0-022-63-00 285.21 Total : 285.21 65971 10/19/2010 011007 BLUE SHIELD OF CALIFORNIA Nov J04365575- Nov COBRA Health-'Berry Family 10-180-142-000-000 836.55 Total : 836.56 65972 _ . 10/19/2010 001213 AT&T Sept 2010 Sept/Oct Phone/Internet Service 10-440-235-000-000 430.22 10-190-235-000-000 1-1061.55 10-808-235-000-000 131.79 10-865-235-000-000 230.55 10-450-235-000-000 47.03 Total : 1,901.14 65973 10/21/2010 001907 COSTCO#478 0478 11 0066 8,e C. CARE SUPPLIES 10-440-220=000-000 100.32 - Total : 100.32 65974 11/9/2010 011110 TIME WARNER CABLE Oct 844840...38 OCT/NOV CABLE & INTERNET SERVICE _' 10-805-238-000-000 58.91 Oct 844840...38: OCT/NOV CABLE & INTERNET SERVICE 10-805-238-000-000 58.91 Oct 844840...72, OCT/NOV CABLE & INTERNET SERVICE 10-805-238-000-000 121.43 Total: 239.25 65975 10/21/2010 001213 AT&T Oct 2010 0ct/Nov.Phone& Internet Srvs 10-440-235-000-000 78.42 10-190-235-000-000 309.07 Total : 387.49 65976 10/21/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 10-15-10 Contributions for PRend 10-15-10 10-022-62-00 16,922.58 Total,: 16,922.58 Page: 1 COUNCIL.AGENDA ITEM No. jl� vchlist Voucher List Page: 2 11/02/2010 11:32:06AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65977 10/28/2010 010911 L-N RENTAL CARNIVAL GAME 103110 Game Booths for Halloween Haunt 23-200-12-00 924.38 Total : 924.38 65978 -10/28/2010 003858 J.Z.'S PARTY CHARM SB-6218 Halloween Haunt Rentals 23-200-12-00 238.78 Total : 238.78 65979 11/2/2010 001907 COSTCO#478 0478 11 0043 1E C. CARE SUPPLIES 10-440-220-000-000 136.20 Total : 136.20 65980 11/2/2010 010147 CORTES, BEA Nov 2010 November Health Ins Reimbursement 10-110-142-000-000 368.06 Total : 368.06 65981 11/2/2010 006720 SO.CA.EDISON COMPANY October 2010 October Energy Usaqe 10-190-238-000-000 3,423.69 10-450-238-000-000 1,429.15 16-510-238-000-000 481.15 10-440-238-000-000 942.87 34-400-238-000-000 112.89 10-175-238-000-000 41.05 10-172-238-000-000 51.31 Total : 6,482.11 65982 11/2/2010 001213 AT&T Oct 2010 Oct/Nov.Phone & Internet Services 10-440-235-000-000 298.41 10-190-235-000-000 544.92 10-450-235-000-000 56.57 10-805-235-000-000 168.08 10-808-235-000-000 91.52 Total : 1,159.50 65983 11/2/201'0 011151 SCHOOL MATE 11022010 Cookbook Fundraiser-C. Care 23-200-14-00 897.00 Total : 897.00 -. -. Page: 2 vchlist Voucher List Page: 3 11/0212010 11:32:06AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date - Vendor Invoice Descriptibn/Account Amount 65984 11/2/2010 001038 VERIZON WIRELESS-LA 0917655085 Oct/Nov Wireless Srv-Public Works 10-175-240-000-000 96.64 - Total : 96.64 65985 11/9/2010 010019 5 POINT AUTO SERVICE 15773 Smoq Check/Oil Change-Chevy Truck 10-175-272-000-000 83.15 15775 Somq Check for F-150 10-175-272-000-000 48.20 15776 Smog Check for F-250 10-175-272-000-000 48.20 Total : 179.65 65986 11/9/2010 001072 ADT SECURITY SERVICES 120623897 2nd 2ND QTR SR. CTR SECURITY MONITORING 10-805-245-000-000 160.83 Total : 160.83 65987 11/9/2010 001045 ADVANCED COPY SYSTEMS 0500941 Annual Contract Renewal 10440-246-000-000 350.00 Total : 350.00 65988 11/9/2010 011143 ALBERT A. WEBB ASSOCIATES 103063 SEPT TRAFFIC ENGINEERING SRVS 32-200-250-000-000 258.00 103068 SEPT PROFESSIONAL SERVICES 32-200-250-000-000 11,666.73 Total : 11,924.73 65989 11/9/2010 010730 ALLIANT INSURANCE SERVICES, ATTN f 27341 Event Insurance-Halloween Haunt 23-200-12-00 604.50 27342 Event Insurance-Country Fair 10-804-220-000-000 591.87 Total : 1,196.37 65990 11/9/2010 011031 CINTAS CORPORATION_#150 150223265 C. CARE PAPER GOODS &SUPPLIES 10440-228-000-000 172:63 150232349 C. CARE PAPER GOODS&SUPPLIES 10440-228-000-000 118.37 Page: 3 vchlist Voucher List Page: 4 11/02/2010 11:32:06AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65990 11/9/2010 011031 CINTAS CORPORATION#150 (Continued) Total : 291.00 65991 11/9/2010 001840 CITY OF COLTON August 2010 August Wastewater Treatment 21-570-802-000-000 100,432.23 Total : 100,432.23 65992 11/9/2010 010866 CIVIC PLUS 84090 NOVEMBER WEBSITE MAINT FEE 10-125-250-000-000 633.25 Total : 633.25 65993 11/9/2010 011029 COBRA SIMPLE 87 SEPT COBRA ADMIN SRVS 10-190-220-000-000 50.00 Total : 50.00 65994 11/9/2010 001930 DAILY JOURNAL`CORPORATION B1961465 Oct Notice of Hearing 10-370-230-000-000 226.60 B1962663 Oct Notice of Public Hearing- 10-370-230-000-000 176.00 Total : 402.60 65995 11/9/2010 010711 DANKA FINANCIAL SERVICES 73307062 NOV E-STUDIO 350 TOSHIBA COPIER 10-172-246-000-000 79.79 10-175-246-000-000 79.78 Total : 159.57 65996 11/9/2010 001950 DATA QUICK B1-1858572 September Subscription Srvs - 10-380-250-000-000 43.50 10-370-250-000-000 43.50 34-800-220-000-000 43.50 Total : 130.50- 65997 11/9/2010 003210 DEPT 32-2500233683 1020507 MAINT SUPPLIES 10-440-245-000-000 33.29 10-450-245=000-000 9.34 10-175-218-000-000 4.25 9026659 MAINT SUPPLIES 10-195-245-000-000 118.16 `.� Page: 4 J vchlist Voucher List Page: 5 11/02/2010 11:32:06AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65997 11/9/2010 003210 DEPT 32-2500233683 (Continued) 9035896 MAINT SUPPLIES 10-440-245-000-000 12.36 10-175-218-000-000 67.53 Total : 244.93 65998 11/9/2010 002025 DIEHL EVANS &COMPANY LLP 1023699 Billing for Fringe Benefit Research 10-190-220-000-000 1,843.50 Total : 1,843.50 65999 11/9/2010 002727 FREEMAN COMPANY, J R 448242-0 TONER/OFFICE SUPPLIES 10-125-210-000-000 486.07 Total : 486.07 66000 11/9/2010 002740 FRUIT GROWERS SUPPLY 90623836 MAINT SUPPLIES 10-450-245-000-000 3.58 10-450-246-000-000 8.95 Total : 12.53 66001 11/9/2010 002760 G & R REFRIGERATION 45448 Refrigerator/Freezer Service-C. Care 10-440-246-000-000 105.82 Total : 105.82 66002 11/9/2010 002901 G.T. AREA CHAMBER OF COMMERCE 6196-RDA OCTOBER CONSULTANT SERVICES & MARKET 32-370-213-000-000 980.00 Total : 980.00 66003 11/9/2010 002795 GARCIA, LEE ANN Nov 2010 Nov Health Ins Reimbursement-Garcia 10-110-142-000-000 368.06 Total : 368.06 66004 11/9/2010 002867 GOLDEN PROTECTIVE SERVICES 140605 Rubber Gloves 10-440-228-000-000 86.78 Total : 86.78 66005 11/9/2010 011040 GOVERNMENT STAFFING SVCS INC 3006 SEPT TEMP STAFF SERVICES 10-370-250-000-000 416.50 Page: 5 vchlist Voucher List Page: 6 11/02/2010 11:32:06AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 66005 11/9/2010 011040 GOVERNMENT STAFFING SVCS INC (Continued) Total : 416.50 66006 11/9/2010 010944 HERSHEY BUSINESS PRODUCTS 105029 Philips Software Support 10-370-210-000-000 105.00 Total : 105.00 66007 11/9/2010 003850 JANI-KING OF CA., INC. LAX10101042 OCT C. CARE JANITORIAL SERVICES 10-440-244-000-000 975.00 Total : 975.00 66008 11/9/2010 006880 L-1 IDENTITY SOLUTIONS Sept 360910764 Fingerprinting Srv-Calderon 10-440-228-0007000 92.00 Total : 92.00 66009 1-1/9/2010 005400 OFFICE DEPOT 535942391001 Toner Cartridges 10-120-210-000-000 322.40 535943021001 Office Supplies - 10-120-210-000-000 21.84 536700021001 Copy Paper 10-190-212-000-000 230.73 10-140-210-000-000 1.26 538000115001 Toner Cartridge 10-370-210-000-000 169.30 538000191001 Toner Cartridge 10-370-210-000-000 84.17 538338780001 - OFFICE SUPPLIES 10-190-220-000-000 12.64 23-200-12-00 — 8.44 Total : 850.78 66010 11/9/2010 001456 OFFICE MAX CONTRACT INC. 110515 TONERIOFFICE SUPPLIES 10-440-210-000-000 328.16 - 10-440-246-000-000 361.30 Total : 689.46 66011 11/9/2010 005435 ORIENTAL TRADING COMPANY 640934385-01 SCHOOL AGE SUPPLIES 10-440-223-000-000 84.87 Page: 6 1 1 C lr vchlist Voucher List I Page: 7 11/0212010 11:32:06AM - CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66011 11/9/2010 005435 ORIENTAL TRADING COMPANY (Continued) Total : 84.87 66012 11/9/2010 005586 PETTY CASH 102810 Replenish C. Care Petty Cash 10-440-223-000-000 61.66 10-440-228-000-000 102.81 Total : 164.47 66013 11/9/2010 011074 REDFLEX TRAFFIC SYSTEMS 28106 AUGUST CONTRACT SERVICES 17-900-255-000-000 3,761.96 Total : 3,761.96 66014 11/9/2010 010171 REPUBLIC ELECTRIC 910111 Sept Response Call Outs 16-510-255-000-000 1,117.13 910112 SEPT ROUTINE SIGNAL MAINTENANCE 16-510-255-000-000 451.68 Total : 1,568.81 66015 11/9/2010 006285 RIVERSIDE HIGHLAND WATER CO 2284 Aug/Sept Sewer Billing 21-512-255-000-000 2,465.89 Total : 2,465.89 66016 11/9/2010 006557 S.B. COUNTY DEPT. PUBLIC WORKS FC 050/11 2ND QTR NPDES FLOOD CONTROLL AGRMNT 10-625-220-000-000 -3,725.00 Total : 3,725.00 66017 11/9/2010 006531 S.B. COUNTY SHERIFF 10322 NOVEMBER LAW ENFORCEMENT SERVICES 10-410-256-000-000 154,136.00 14-411-256-000-000 8,333.00 10-410-255-000-000 4,524.00 Total : 166,993.00 66018' 11/9/2010 006435 SAN BERNARDINO, CITY OF 5173 AUGUST ANIMAL CONTROUHOUSING SRVS 10A 87-'256-000-000 8,682.00 5224 SEPTEMBER ANIMAL CONTROUHOUSING SRVS 10-187-256-000-000 8,682.00 Total : 17,364.00 66019 11/9/2010 011071 STANCKIEWITZ, W. Nov 2010 Nov Health Ins Reimbursement Page: 7 vchlist Voucher List Page: 8 11/02/2010 11:32:06AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 66019 11/9/2010 011071 STANCKIEWITZ, W. (Continued) 10-110-142-000-000 368.06 Total : 368.06 -66020 11/9/2010 006898 - SYSCO FOOD SERVICES OF L.A. 0102011469 C. CARE FOOD &.SUPPLIES 10-440-220-000-000 416.84 010270861 7 C. CARE FOOD &SUPPLIES 10-440-220-000-000 475.08 Total : 891.92 66021 11/9/2010 010712 TASO TECH, INC. 720 HDL Support 10-172-246-000-000 26.25 10-175-246-000-000 26.25 Total : 52.50 66022 11/9/2010 010693 UNITED WAY PR End 1.0/15/1( PR End 10/15/10 Donations 10-022-65-00 64.50 Total : 64.50 66023 11/9/2010 010519 XEROX CORPORATION 050988056 SEPT LEASE XEROX WORKCENTRE 5755 10-190-212-000-000 37.19 051355585 OCT LEASE XEROX WORKCENTRE 5755 10-190-700-000-000 308.10 Total : 345.29 66024 11/9/2010 007987 XEROX CORPORATION 051355584 OCTOBER LEASE XEROX CC265H 10-190-700-000-000 294.34 Total : 294.34 55 Vouchers for bank code: bofa Bank total : 352,286.88 55 Vouchers in this report Total vouchers : 352,286:88 Page: 8 vchlist Voucher List Page: 9 11102/2010 11:32:06AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount Page: 9 City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESNVAGES 11 Street Fund 120 CITY MANAGER 139 EMPLOYEES BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) -230 ADVERTISING 21 Waste-Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 ' CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL 3 CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT C 1 certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director vchlist Voucher List Page: 1 10/19/2010 8:52:46AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65916 10/7/2010 004587 MANAGED HEALTH NETWORK 3200020815 OCTOBER MHN INSURANCE 10-180-142-000-000 6.00 10-370-142-000-000 11 32 10-120-142-000-000 10.00 10-125-142-000-000 10.00 10-140-142-000-000 15.00 10-172-142-000-000 6.33 10-175-142-000-000 10.33 21-175-142-000-000 6.66 32-370-142-000-000 7.32 34-400-142-000-000 663 34-800-142-000-000 2.66 10-185-142-000-000 6.66 32-200-142-000-000 11.66 16-175-142-000-000 14.64 10-625-110-000-000 4.33 10-380-142-000-000 5.00 10-440-142-000-000 133.20 10-450-142-000-000 11.98 Total : 279.72 65917 10/7/2010 010737 WESTERN DENTAL SERVICES INC. 002484 7730 OCTOBER EMPLOYEE/DEPENDENT DENTAL INS 10-022-61-00 73.62 Total : 73.62 65918 10/7/2010 011092 METLIFE SBC KM05754034 00 OCTOBER EMPLOYEE DEPENDENT DENTAL INS 10-022-61-00 185.72 10-180-142-000-000 50.00 Total : 235.72 65919 10/12/2010 011074 REDFLEX TRAFFIC SYSTEMS 10122010 REPLACED LOST CHECK#65850 17-021-30-00 72,203.75 Total : 72,203.75 65920 10/12/2010 010129 NORTHWEST DISTRIBUTORS 10122010 Pumpkin Fundraiser-C. Care 23-200-14-00 307.00 Page: 1 Cv ,, vchlist Voucher List Page: 2 10/19/2010 8:52:45AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount- 65920 10/12/2010 010129 NORTHWEST DISTRIBUTORS (Continued) Total : 307.00 65921 10/13/2010 010164 GREAT-WEST PR END 9/17/1C CONTRIBUTIONS/LOANS FOR PR END 9/17/10 10-022-63-00 4,669.83 10-022-64-00 1,822.05 Total : 6,491.88 65922 10/13/2010 001907 COSTCO#478 0478 05 0046 8 C. CARE SUPPLIES 10-440-220-000-000 160.87 Total : 160.87 65923 10/13/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 9-17-10 CONTRIBUTIONS FOR PREND 9-17-10 10-022-62-00 16,883.79 Total : 16,88319 65924 10/14/2010 010664 SHELL FLEET MANAGEMENT 8000209687010 September Maint Vehicle Fuel 10-175-272-000-000 801.60 Total : 801.60 65925 10/14/2010 010218 CHEVRON &TEXACO CARD SERVICES 26934209 September Vehicle Fuel 10-175-272-000-000 269.10 10-440-272-000-000 71.67 34-800-272-000-000 115.27 Total : 456.04 65926 10/14/2010 006730 SO.CA.GAS COMPANY Sept 2010 Sept CNG Fuel/Natural Gas Usage 10-190-238-000-000 35.33 10-175-272-000-000 7.80 10-440-272-000-000 2.60 34-800-272-000-000 2.60 I 10-440-238-000-000 56.21 Total : 104.54 65927 10/14/2010 006720 SO.CA.EDISON COMPANY Sept 2010 September Energy Usage 16-510-238-000-000 5,619.26 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 Page: 2 vchlist Voucher List- Page: 3 10/19/2010 8:52:45AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65927 10/14/2010 006720 SO.CA.EDISON COMPANY (Continued) Total : 5,768.66 65928 10/14/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 10-1-10 Contributions for P.Rend 10-1-10 10-022-62-00 16,683.17 Total : 16,683.17 65929 10/14/2010 006772 STANDARD INSURANCE COMPANY 160-513170000( OCTOBER EMPLOYEE/DEPENDENT DENTAL INS 10-022-61-00 1,273.00 Total : 1,273.00 65930 10/14/2010 010764 SAFEGUARD DENTAL&VISION 3351248 OCTOBER EMPLOYEE/DEPENDENT VISION INS 10-022-61-00 119.67 - 10-180-142-000-000 14.27 Total : 133.94 65931 10/14/2010 006772 STANDARD INSURANCE COMPANY 006078690001 ( OCTOBER EMPLOYEE LIFE INSURANCE&STD 10-022-66-00 1,165.70 10-125-142-000-000 10.42 10-140-142-000-000 15.63 10-172-142-000-000 6.59 10-175-142-000-000 10.44 10-180-142-000-000 6.26 10-185-142-000-000 6.95 10-370-142-000-000. 10.31 10-380-142-000-000 5.21 10440-142-000-000 48.65 -10450-142-000-000 5.56 10--120-142-000-000 10.42 10-625-110-000-000 3.95 16-175-142-000-000 15.26 21-175-142-000-000 6.63 32-370-142-000-000 6.77 32-200-142-000-000 12:15 34400-142-000-000 6.87 34-800-142-000-000 2.78 Total : 1,356.55 65932 10/18/2010 006597 SCHOLASTIC BOOK FAIRS W2746563BF Book Fair Fundraiser Page: 3 C C vchlist Voucher List Page: 4 10/19/2010 8:52:45AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65932 10/18/2010 006597 SCHOLASTIC BOOK FAIRS (Continued) 23-200-14-00 767.73 Total : 767.73 65933 10/26/2010 001024 UNITED STATES TREASURY 254748 SR. NEWSLETTER PRINTING 10-805-222-000-000 90.51 Total : 90.51 65934 10/26/2010 010158 AMSTERDAM PRINTING 2569573 2011 Staff Attendance Calendars 10-440-210-000-000 35.86 Total : 35.86 65935 10/26/2010 010678 ARCHIVE MANAGEMENT SERVICE 0146627 SEPTEMBER ARCHIVE TAPE STORAGE 10-140-250-000-000 55.00 10-380-250-000-000 55.00 Total : 110.00 65936 10/26/2010 001206 ARROWHEAD CREDIT UNION Sep/Oct 2010 Sept/Oct Visa Charges 10-120-210-000-000 320.43 10-440-228-000-000 52.64 10-440-223-000-000 63.87 10-440-221-000-000 33.47 10-195-246-000-000 101.00 10-450-245-000-000 60.00 Total : 631.41 65931 10/26/2010 010293 AVAYA, INC. 2730468971 OCT/NOV PHONE/VOICE MAIL MAINT 10-190-246-000-000 183.46 Total : 183.46 65938 10/26/2010 011017 CA. BLDG. STANDARDS COMMISSION 1 st Qtr 2010-20' 1 st Qtr Green Building Standards Fee 10-700-01 -5.00 23-200-23-00 50.00 Total : 45.00 65989 10/26/2010 001683 CA. STATE DEPT OF CONSERVATION Jul/Sep 2010 1st Qtr Strong Motion 10-700-01 -1.63 23-200-21-00 32.57 Page: 4 vchlist Voucher List Page: 5 10/19/2010 8:62:45AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65939 10/26/2010 001683 CA. STATE DEPT OF CONSERVATION (Continued) Total : 30.94 65940 10/26/2010 001810 CITY NEWSPAPER GROUP 11367 Notice of Nominees 10-125-221-000-000 155.40 Total : 155.40 65941 10/26/2010 010403 CITY OF REDLANDS AR128835 September CNG Fuel 34-800-272-000-000 24.01 Total : 24.01 65942 10/26/2010 001867 COMMERCIAL LANDSCAPE SUPPLY 168120 LANDSCAPE SUPPLIES 10-450-245-000-000 547.81 168840 LANDSCAPE SUPPLIES 10-450-245-000-000 797.06 Total : 1,344.87 65943 10/26/2010 001930 DAILY JOURNAL CORPORATION B1946167 SEP NOTICE INVITING BIDS 10-125-230-000-000 13640 B1956378 OCT NOTICE OF HEARING 10-125-230-000-000 143.00 Total : 279.40 65944 10/26/2010 001942 DATA TICKET INC. 33117 Auqust Parkinq Cite Processing Srvs 10-140-255-000-000 100.00 Total : 100.00 65945 10/26/2010 002301 FEDEX 7-252-13398 September Document Delivery 10-370-210-000-000 39 80 Total : 39.80 65946 10/26/2010 002710 FOX OCCUPATIONAL MEDICAL CT. 68679-28723 Return to Work Exam-M. Avila 10-190-224-000-000 40.00 Total : 40.00 65947 10/26/2010 002740 FRUIT GROWERS SUPPLY 90612765 EQUIP MAINT-HEDGE TRIMMERS 10-450-246-000-000 62.67 90623912 PVC SUPPLIES 10-450-245-000-000 1.59 Page: 5 vchlist Voucher List Page: 6 10/19/2010 8:52:45AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65947 10/26/2010 002740 FRUIT GROWERS SUPPLY (Continued) Total : 64.26 65948 10/26/2010 010164 GREAT-WEST PR END 10/1/1C Contributions for PR END 10/1/10 10-022-63-00 4,954.53 Total : 4,954.53 65949 10/26/2010 003152 HARPER&BURNS LLPN September 201C September LegalServices 10-160-250-000-000 7,476.25 32-200-251-000-000 7,476.25 Total : 14,952.60 65950 10/26/2010 010632 HIGH TECH SECURITY SYSTEMS 93470 NOV SECURITY CAMERA MAINT AGREEMENT 10-195-247-000-000 20.00 10-450-246-000-000 60:00 Total : 80.00 65951 10/26/2010 003224 HYDRO-SCAPE PRODUCTS INC. 06656319-00 PARKS LANDSCAPE MAINT SUPPLIES 10-450-245-000-000 320.04 Total : 320.04 ' 65952 10/26/2010 010773 KELLAR SWEEPING INC. 5483 SEPTEMBER STREET SWEEPING SERVICES 16-900-254-000-000 4,200.00 Total : 4,200.00 65953 10/26/2010 010449 KONICA MINOLTA BUS. SOLUTIONS 215814564 2nd Qtr Copier Maint-Toshiba E-studio 10-172-246-000-000 37.50 10-175-246-000-000 37.50 Total : 75.00 65954 10/26/2010 005586 PETTY CASH 101'42010 Replenish C. Care Petty Cash 10-440-221-000-000 22.89 10-440-223-000-000 64.77 23-200-14-00 25.00 Total : 112.66 65955 10/26/2010 006285 RIVERSIDE HIGHLAND WATER CO Aug-Sept 2010 Aug/Sept Usage and Fees Page: 6 vchlist Voucher List Page: 7 10/19/2010 8:62:45AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65955 10/26/2010 006285 RIVERSIDE HIGHLAND WATER CO (Continued) 10-805-238-000-000 1,799.59 10-440-238-000-000 - 183.09 10-190-238-000-000 917.55 10-450-238-000-000 4,670.30 26-601-239-000-000 - 53.68 26-600-239-000-000 309.74 32-600-307-000-000 19.60 34-700-709-000-000 9.80 34-700-710-000-000 980 34-700-767-000-000 9.80 Total : 7,982.95 65956 10/26/2010 006310 ROADRUNNER SELF STORAGE INC. 11917 NOVEMBER STORAGE RENTAL 10-140-241-000-000 119.00 Total : 11.9.00 65957 10/26/2010 006341 ROSENOW SPEVACEK GROUP INC. 0025446 September Financial Admin 33-140-250-000-000 2,745.00 Total : 2,745.00 65958 10/26/2010 011138 SPARKLETTS 9637116 10011( September Bottled Water 10-190-238-000-000 77.81 10-450-238-000-000 10.00 10-805-238-000-000 13.99 10-440-238-000-000 116.29 Total : 218.09 65959 10/26/2010 006778 STAPLES 8016654701 3143099575-Toner 10-172-210-000-000 106.56 10-625-210-000-000 32.96 Total : 139.52 65960 10/26/2010 011141 SUPERIOR COURT OF CALIFORNIA 10122010 Ongoing Monthly Traffic Fine Reports cl 7-900-255-000-000 68.50 Total : 68.50 65961 10/26/2010 006898 SYSCO FOOD SERVICES OF L.A. 0100613694 C. CARE FOOD &SUPPLIES - Page: 7 C) vchlist Voucher-List Page: 8 10/19/2010 8:52:45AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65961 10/26/2010 006898 SYSCO FOOD SERVICES OF L.A. (Continued) 10-440-220-000-000 305.56 0101311439 C. CARE FOOD & SUPPLIES 10-440-220-000-000 619.91 Total : 925.47 65962 10/26/2010 011110 TIME WARNER CABLE 8448 40 050 00: Child Care Fee 10-440-238-000-000 24.48 Total : 24.48 65963 10/26/2010 007034 TRANSPORTATION ENGINEERING 1071 Auqust Traffic Enqineerinq Services 10-175-255-000-000 4,767.00 Total : 4,767.00 65964 10/26/2010 007220 UNDERGROUND SERVICE ALERT 920100284 September Diq Alert Tickets 16-900-220-000-000 61.50 Total : 61.50 65965 10/26/2010 010693 UNITED WAY - 9/17/10- 10/1/1( PR END 9/17/10 & 10/1/10 DONATIONS 1'0-022-65-00 129.00 Total : 129.00 65966 10/26/2010 007880 WEST GROUP 821555030 SEP/OCT CA CODE UPDATES 10-125-250-000-000 483.94 Total : 483.94 65967 10/26/2010 010927 WESTERN CARPET CARE 536 INSPECT FEE-CLOSET DAMAGE 10-440-245-000-000 125.00 Total : 126.00 65968 10/26/2010 007854 WESTERN EXTERMINATORS CO 518387 SEPT PEST CONTROL SERVICES 10-195-245-000-000 125.00 10-805-245-000-000 33.00 Total : 158.00 65969 10/26/2010 007920 WILLDAN 002-10620 SEPT PLAN REVIEW/INSPECT SRVS 10-172-250-000-000 1,910.00 Page: 8 vchlist Voucher List Page: 9 10/19/2010 8:52:45AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 65969 10/26/2010 007920 WILLDAN (Continued) 002-10621 Sept H.S. Inspect-Pico Street 23-302-76-01 1,800.00 002-10622 SEPTEMBER ENGINEERING SERVICES 10-175-255-000-000 3,240.00 002-10623 SEPTEMBER ENGINEERING SERVICES 10-175-255-000-000 2,470.00 Total : 9,420.00 54 Vouchers for bank code : bofa Bank total : 179,218.68 54 Vouchers in this report Total vouchers : 179,218.68 Page: 9 �1 City of Grand Terrace Warrant Register Index FD No: Fund Name Dept No..Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESM/AGES 11 Street Fund 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION , 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 Waste Water Disposal Fund 370 COMMUNITY 8 ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 , CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING a04 HISTORICAL 8 CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS 8 REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300. DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director P&AMCOCOUNaLMPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- OCTOBER 12,2010 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on October 12, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Joe Palamino, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened with Invocation by Kevin Woodbridge, Calvary the Brook Church, followed by the Pledge of Allegiance led by Mayor Pro Tem Lee Ann Garcia. ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2B. Recognition of Lion's Club and Boy Scouts for Flag Ceremony Mayor Ferre, read a Commendation commending the Grand Terrace Lions Club for their contribution to the community by donating a flag to be flown at Rollins Park and for their participation in the ceremony held in Rollins Park on September 11, 2010 and presented it to the President of the Lion's Club, Lois Cook. Lois Cook,President,Grand Terrace Lion's Club,thanked the City of Grand Terrace for the Commendation. She recognized the members of the Lion's Club that were in the-audience. She thanked Burt and Deborah for their efforts and also the Boy Scouts for their participation and work. Mayor Ferre,read a Commendation commending Boy Scout Troop 40 for their contribution COUNCIL AGENDA 1TERA NO,.��.o Council Minutes 10/12/2010 Page 2 to the Community of Grand Terrace and for their participation in the Flag Ceremony on September 11, 2010 in Rollins Park. Brian Roberts,Assistant Senior Patrol Leader,thanked the City Council and the Mayor for all of their support over the past few years. He also thanked the Lion's Club for their support. CONSENT CALENDAR CC-2010-83 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0,to approve the following Consent Calendar Items with the removal of item 3A.: 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 09-28-2010 Minutes 3D. Purchase of Hybrid Vehicle with AQMD AB 2766 Funds 3E. Historical and Cultural Activities Committee Minutes of 09-13-2010 ITEMS REMOVED FROM CONSENT CALENDAR 3A. Check Register Dated 10-12-2010 Debra Hurst, 22950 Orangewood Court, requested an explanation of services for the following voucher number: #65878 - Albert Webb Associates for August Professional Services in the amount of$23,806.80. CC-2010-84 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0,to approve Check Register Dated October 12, 2010. PUBLIC COMMENT Sally McGuire,President of the Grand Terrace Chamber of Commerce, 12480 Nightingale Way, indicated that she was speaking on behalf of the Grand Terrace Area Chamber of Commerce Board of Directors to clarify comments that were made in an article in the October 7,2010 issue of the City News. The Chamber of Commerce received a letter from the FPPC with regard to a complaint filed by Sylvia Robles. The letter states only that Mrs. Robles has filed a complaint. To date they have not been advised by the FPPC that an investigation is warranted. She stated that first the Grand Terrace Chamber of Commerce is a 501 C6 Professional Trade Organization which allows them to engage in political election campaign activity. Councilman Stanckiewitz states that the Chamber is mailing the BMO Newsletter using the City's mass mailing permit,this is not accurate. The Chamber has had Council Minutes 10/12/2010 Page 3 its own bulk mail permit since October 2003. Last month Councilman Stanckiewitz called and went directly to the Redlands Post Office to speak to a supervisor regarding the City's bulk mail permit. She believes that the confusion stems from the fact that the post office has been allowing the Chamber of Commerce to use simplified mailing to mail the BMO Newsletter. Simplified mailing is a way for the postal service to deliver each newsletter to residents without the Chamber volunteers having to place a label on each one. There is no cost associated with simplified mailing. Last October they were notified that this type of services are currently only given to government agencies,however, since the postal service had allowed them to use simplified mailing,they stated they may be able to grandfather their status and would advise them in writing of their decision. Immediately after Councilman Stanckiewitz' visit to the post office they were advised that they could no longer use simplified mailing. Another issue brought up by Mrs.Robles and Councilman Stanckiewitz is that the BMO Newsletter is currently being funded by the City of Grand Terrace and that they are violating FPPC Code Section 18901 with regards to using public funds for mass mailings with pictures or statements of elected officials. It is her understanding that at Mr. Stanckiewitz suggestion earlier this year,the City contacted them to restructure their current marketing agreement. They negotiated a professional service agreement, which includes specific responsibilities and a detailed scope of work,none of which include payment for the BMO Newsletter. Mr. Stanckiewitz stated that this agreement is not tied to any specific services,again this is not accurate. This new agreement between the Redevelopment Agency and the Grand Terrace Chamber of Commerce was reviewed by Staff and the City Attorney. �! A motion was made by Councilwoman Bea Cortes to accept the agreement and seconded by Councilman Stanckiewitz and approved by the City Council on July 13, 2010. In closing, if Councilman Stanckiewitz still has FPPC concerns with this agreement why did he approve it and if Councilman Stanckiewitz and Mrs. Robles had concerns afterwards why not deal directly with Staff or the Chamber Board to resolve this issue without involving.the FPPC. Was timing an issue here. She hopes that the Grand Terrace Chamber of Commerce Board of Directors and its members are not being used for political gain. Tom Roberts, 22111 Newport Avenue #148, stated that he and his wife moved to Grand Terrace in 2003 and they chose Grand Terrace because it had an honestly quiet homey feel to it and for the most part it has fulfilled those expectations for them. Over the past year and a half he has become more involved in what goes on in the City including a period as a Board Member of the Chamber of Commerce and more often attending City Council meetings. There are a great many issues that are brought before the City Council most, if not all of them,affect the 13,000 residents of Grand Terrace in some fashion. During the past sessions that he has attended he has heard several interested residents ask questions of the Council that included questions about millions of dollars in fees,alledged inappropriate conduct and un-clear incomplete negotiations. Yet even though many,if not all of the issues impact life for all of Grand Terrace residents, only the people that ask the questions receive a response from the Council. This would suggest that all 13,000 plus residents would need to ask the questions to get the answers. He indicated that the City has a website,there are two separate Council Minutes 10/12/2010 Page 4 printed publications and a TV Station that offers ways to reach out to the residents. He requested that in the interest of honest transparency,he challenged the Council to find ways to allow the residents of Grand Terrace access to the answers regarding the issues that are posed to the Council. COUNCIL REPORTS Mayor Pro Tern Garcia, reported that on Saturday, October 9, 2010 the dedication of the Grand Terrace High School was held. She was very pleased to learn that their school colors are black and turquoise and titans is the mascot. She felt that it was a very nice affair. They also got to meet the new Principal, Angela Disenger. She is looking forward to a lot of excitement with the new high school and she is looking forward to the staff identifying the critical needs with the introduction of the new high school coming to town,especially in the neighborhood that will be directly impacted by it. The school is moving along and encouraged residents to go out and take a look. She met Mr. Hernandez, who is the band teacher for Terrace Hills Middle School. She reported that the band will be having a performance on October 27, 2010 at 7:00 p.m. She is encouraging them to have those information meeting when the principals come to a Council Meeting to let everyone know what is happening on their campus. She reported that Lloyd Dodd on Citizen Patrol is still selling water containers for Citizen Patrol uniforms. The Halloween Haunt will be held on Sunday, October 31, 2010 from 5:00 p.m. to 8:00 p.m. She reported that the Country Fair will be held on Saturday,November 6, 2010. Councilmember Cortes, reported that she attended the ground breaking ceremony for the New High School and felt that it was a very nice event that was emotional and positive. She agrees with Mr. Roberts answers to questions that are asked at Council Meeting should be posted on the website, depending on what the questions are. Councilmember Walt Stanckiewitz,reported that the water bottles that are being sold by the Citizen's on Patrol are being distributed at La Pasta Italia. Stated that in reference to Mrs. McGuire's comments, it needs to be understood that there is a mass mailing issue and a conflict of interest issue for those who are elected officials. They have requested through the City Attorney a legal determination from the FPPC regarding the mass-mailing issue. What it comes down to is anything that is sent out and it is acknowledged that it is being sent out by using the grand-fathered clause of the City's mass mailing permit represents a mass mailing and any elected official who appears in the BMO or is quoted faces a potential conflict of interest because they have access to that paper that a normal citizen who might choose to run for an office wouldn't have. That is the issue and that is what they are trying to determine from the FPPC. Mayor Ferre,reported that she attended the Dedication Ceremony for the new High School. She felt that it was very well done. She feels that the high school is here and is on its way. Council Minutes 10/12/2010 Page 5 They have a principal, they have the mascot,they have the school colors and they have the buildings just about up. She feels that it is very impressive and it is a real positive for the community of Grand Terrace. She announced that on October 21, 2010 at 2:00 p.m. there will be a ground breaking for the new Stater Bros.Markets store. She feels that the new store will be a real benefit and plus for the City. Grand Terrace is a very nice City and have some very good things going on contrary to the way you may feel during this election time. She '-� feels that Grand Terrace is a great place to live and good things are happening. She feels that people are doing things with the best intentions. She stated that the flag ceremony was terrific and thanked the Lion's Club and Boy Scout Troop 40 for being at the Council Meeting. PUBLIC HEARINGS 6A. An Ordinance of the City Council of the City of Grand Terrace California,Amending Title 15, of the City of Grand Terrace Municipal Code by Repealing and Replacing Chapters 15.08, 15.12, 15.16, 15.20,and Adding Chapters 15.10 and 15.17,Deleting Chapter 15.09, Adopting the California Code of Regulations to Include the Referenced Standards,Title 24,Part 2,and 12,Volumes 1 and 2,Based on the 2009 International Building Code, Part 2.5 Based on the 2009Intemational Residential Code, Part 3, Based on the 2008 National Electrical Code, Part 4, Based on the 2009Uniform Mechanical Code,Part 5,Based on the Uniform Plumbing Code,Part 11, Green Building Standards Richard Shields, Director of Building and Safety/Public Works and Housing, gave an overview of the proposed Ordinance and indicated that it will repeal existing chapters of the Grand Terrace Municipal Code in Title 15,adding new chapters to those repealed and adding two new additional chapters for adoption of the California Residential Code and the California Green Standards Code. Councilmember Stanckiewitz, questioned if the Planning Commission reviewed the Ordinance. Director of Building and Safety/Public Works and Housing Shields, responded that the Planning Commission has not reviewed the Ordinance. Councilmember Stanckiewitz, questioned if this is something that they should do before it becomes a public hearing. Director of Building and Safely/Public Works and Housing Shields, responded that this is a mandatory requirement by the Building Standards Commission. Councilmember Stanckiewitz, requested that this information be available on-line. Council Minutes 10/12/2010 Page 6 Mayor Ferre opened the Public Hearing for discussion, there being none, she returned the discussion to Council. CC-2010-85 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ,CARRIED 4-0,to introduce an Ordinance of the City Council of the City of Grand Terrace California, Amending Title 15, of the City of Grand Terrace Municipal Code by Repealing and Replacing Chapters 15.08, 15.12, 15.16, 15.20,and Adding Chapters 15.10 and 15.17,Deleting Chapter 15.09,Adopting the California Code of Regulations to Include the Referenced Standards, Title 24, Part 2,and 12,Volumes 1 and 2,Based on the 2009 International Building Code,Part 2.5 Based on the 20091nternational Residential Code,Part 3,Based on the 2008 National Electrical Code,Part 4,Based on the 2009Uniform Mechanical Code,Part 5,Based on the Uniform Plumbing Code,Part 11,Green Building Standards and set a second reading for November 9, 2010. UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, County of San Bernardino, State of California Repealing Chapter 17.04 (School Facilities Dedication and Fee)of Title 17 and Establishing the Subdivision Ordinance of the City of Grand Terrace Consisting of Title 17,Chapter 17.04 Through Chapter 17.64 CC-2010-86 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to approve the Second Reading of an Ordinance of the City Council of the City of Grand Terrace, County of San Bernardino, State of California Repealing Chapter 17.04 (School Facilities Dedication and Fee) of Title 17 and Establishing the Subdivision Ordinance of the City of Grand Terrace Consisting of Title 17, Chapter 17.04 Through Chapter 17.64. NEW BUSINESS 8A. City Council Meeting Schedule CC-2010-87 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 4-0,to schedule one regular meeting in the months of October, November and December, 2010. Those meetings would be as follows: October 12, 2010 November 9, 2010 December 14, 2010 Council Minutes 10/12/2010 Page 7 CLOSED SESSION -None Mayor Ferre adjourned the meeting at 6:39 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday,November 9, 2010 at 6:00 p.m. r� CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace ✓S.F,#,y,4i .x iiL1FOR,1'IA AGENDA REPORT MEETING DATE: November 9, 2010 Council Item(X) CRA Item ( ) TITLE: Amend Interfund Loan from Facilities Fund (19) to Traffic Safety Fund (17) for Payment of $72,203.75 Redflex Traffic Systems, Inc. PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve attached Resolution No. to Reduce Interfund Loan from$72,203.75 to $48,523.25 BACKGROUND: The City has an exclusive agreement with Redflex Traffic Systems, Inc. for red light traffic enforcement. Redflex installed four cameras in 2007 at two intersections in-Grand Terrace: 1) Northbound Michigan at Barton Road, 2) Barton Road at Michigan, 3) Souhbound Mt. Vernon ' at Barton Road, 4) Northbound Mt. Vernon at Barton Road. The initial term of the contract is through April 2012. Red light violations are vehicle code violations of sections 21453, 21454 and 21457. Citations are reviewed and processed by the Sheriffs Department. Citations are reviewed for quality control and then mailed to the violator. On September 14, 2010, the City Council authorized a payment of$72,203.75 to Redflex. The Council also approved Resolution No: 2010-34 to formalize an Interfund loan from the Facilities Fund (19) to the Traffic Safety Fund (17) since the Traffic Safety Fund did not have available fund balance for the payment to Redflex. DISCUSSION: Two items during the reconciliation of fiscal year- end impacted the Traffic Safety Fund with the net result being that a smaller loan was required from the Facility Fund to make the $72,203.75 payment to Redflex. The first item is that the cost allocation to the Traffic Safety Fund increased from $780 to $12,500. The second item was that the cash balance in the Traffic Safety Fund was discovered to be$35,400 higher than previously estimated. The result of these items is a$23,680 increase in the Traffic Safety Fund which was applied toward the $72,203.75 owed to Redflex, thus only $48,523.75 was needed from the Facilities Fund. COUNCIL.AGENDA ITEM NO. 1 FISCAL IMPACT: The loan from the Facilities Fund (19) to Traffic Safety Fund (17) will be reduced by $23,680, from $72,203.75 to 48,523.75. Interest will be applied to the reduced loan amount using the Local Agency Investment Fund (LAIF) rate which is currently .56%. Respectfully submitted, Bernie Simon Finance Director Manager Approval: ' � �/�'/-a��—a g PP Betsy A Adams City Manager ATTACHMENTS: 1) Traffic Safety Fund Analysis 2) Resolution 2010-xx 1 City of Grand Terrace Trafflc Safety Fund 17 Final Final Final Final Final Final Balance Sheet 6/30/2004 6/30/2005 6/30/2006 6/30/2007 6/30/2008 6/30/2009 Assets Cash $ 119,727.90 $ 69,150.66 $ 54.30 $ 688.27 $ 1,052.16 $ 25,113.23 Interest Receivable $ - $ - $ - $ -. $ 148.12 $ 136.62 Due From Otter Funds $ - $ - $ - $ - $ - $ - Due From Other Govts $ 6,934.75 $ 5,225.15 $ 5,298.20 $ 9,204.89 $ 11,922.81 $ 6,839.90 Total Assets $ 126,662.65 $ 74,375.81 $ 5,352.50 $ 9,893.16 $ 13,123.09 $ 32,089.75 Liabilities A/P $ - $ - $ 213.83 $ - $ - $ 141,520.00 Accrued Payroll $ - $ - $ - $ 235.62 $ 308.54 $ - Accrued Expend Payable $ - $ - $ _ $• - $ - $ _ Due to Other Funds $ - $ - $ - $ - $ - $ - Loan From Facilities Fund(19) $ - $ - $ _ $ _ a _ $ _ Total Liabilities $ - $ - $ . 213.83 $ 235.62 $ 308.54 $ 141,520 00 Total Assets and Lfabliitles $ 126,662.65 $ 74,375.81 $ 5,138.67 $ 9,657.54 $ 12 81.4.55 $(109,430.25) Fund Balance $ - $ 126,662.85 $ 74,375.81 $ 5,138.67 $ 9,657.54 $ 12,814.55 Revenue Control $ 58,710.22 $ 65,460.83 $ 54,099.15 $ 65,536.40 $ 76,112.35 Expenditure Control $(110,997.26) $(134,697.97) $ (49 580.28) $ (62 379.39) $(198 35715) Total Fund Balance $ - $ 74,375.81 $ 5,138.67 $ 9,657.54 $ 12 814.55 $(109,430.25) Revenue Recap Intergovernmental $ - $ 3,378.70 $ 4,569.74 $ - $ - Fines and Forfeitures $ 55,967.55 $ 58,913.61 $ 48,541.52 $ 24,816.22 $ (25,876.96) Fines and Forfeitures RL Camera $ - $ - $ - $ 39,919.09 $ 101,563.03 Use of Money&Property $ 2,742.67 $ 3,168.52 $ 987.89 $ 801.09 $ 426.28 TSF Measure I Fund 20 $ - $ _ $ - $ _ $ _ TSF General Fund 10 $ - $ - $ _ $ _ $ _ Total Revenue $ - $ 58,710.22 $ 65,460.83 $ 54,099.15 $ 65,536.40 $ 76,112 35 Expenditure Recap Xcrossing Guards $ 7,111.17 $ 8,503.07 $ 8,793.53' $ 8,634.39 $ 8,091.15 Redfiex Contractor Payments $ - $ - $ - $ - $ 141,520.00 Cost Allocation TSF $ 671.00 $ 572.00 $ 691.00 $ 795.00 $ 652.00 TSF to COPS Fund(14) $ 103,215.09 $ 125,622.90 $ 40,095.75 $ 52,950.00 $ 48,094.00 Total Expenditures $ - $ 110,997.26 $ 134,697.97 $ 49,580.28 $ 62,379.39 $ 198,357 15 2 2 City of Grand Terrace Traffic Safety Fund 17 Unaudited FYTD 9110 Balance Sheet 6/30/2010 W3012011 Totals Assets Cash $ 23,699.19 $ - Interest Receivable $ 12.72 $ - Due From Other Funds $ 8,693.61 $ Due From Other Govts $ 9,233.42 $ - Total Assets $ 41,638.94 $ - Liabilities A/P " -$ 8,693.61 $ - Accrued Payroll -$ - $ - Accrued Expend Payable $ 73,570.32 Due to Other Funds $ - $ - Loan From Facilities Fund(19) $ - $ - Total Liabilities $ 82,263.93 $ - Total Assets and Liabilities $ (40,624:99) $ - Fund Balance $(109,430.25) $ - Revenue Control $ 216,526.47 $ - Expenditure-Cont xd $(147,721.21) $ - Total Fund Balance $ (40,624.99) $ - Revenue Revenue Recap 6 Years Intergovemi Nun $ 9,233.42 $ - $' 17,181.86 Fines and Forfeitures $ 124,933.32 $ - $287,295.26 Fines and Forfeitures RL Camer $ 82,263.93 $ - $223,746.05 Use of Money&Property $ 95.80 $ - $ 8,222.25 TSF Measure I Fund 20 $ - $ - $ - TSF General Fund 10 $ $ - $ - Tofal Revenue $ 216,526.47 $ - $536,445.42 Expend. Expenditure Recap 6 Years Xcrossing Guards $ 7,995.16 $ - $ 49,128.47 Redflex Contractor Payments $ 82,226.05 $ - $,223,746.05 Cost Allocation TSF $ 12,500.00 $ 15,881.00 TSF to COPS Fund(14) $ 45,000.00 $ - $414,977 74 Total Expenditures $ 147,721.21 $ - $703,733.26 RESOLUTION 2010-xx A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA, INTERFUND LOAN AGREEMENT BETWEEN FACILITIES FUND AND TRAFFIC SAFETY FUND r S • 1 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF GRAND TERRACE,CALIFORNIA, INTERFUND LOAN AGREEMENT BETWEEN FACILITIES FUND AND TRAFFIC SAFETY FUND 'WHEREAS,the Traffic Safety Fund is a special revenue fund of the City of Grand Terrace; and % WHEREAS,the City owes an amount approximating $72,203.75 to contractor for red light camera enforcement; and WHEREAS,the City has used red light fine revenues in fiscal years 2008, 2009 and 2010 for law enforcement contract expenses from the Traffic Safety Fund; and WHEREAS, sufficient funds are not available at this time in the Traffic Safety Fund to currently pay all pay contractor for red light camera enforcement program invoices; and WHEREAS,the Facilities Fund is a special revenue fund of the City of Grand Terrace; and WHEREAS,the Facilities Fund has sufficient unreserved, unappropriated fund J�!' balance to loan to the Traffic Safety Fund; and NOW THEREFORE,the City Council of the City of Grand Terrace does hereby resolve, declare, determine, and order as follows: Section 1. Rescind Resolution 2010-34 Section 2. Authorize a revised loan amount from Facilities Fund in the amount of $48,523.75 to Traffic Safety Fund. Section 3. Payments due to the Facilities Fund shall be based on funds available from the Traffic Safety Fund. Section 4. Loan amount will accrue interest at the rate of Local Agency Investment Fund (LAIF) rate. 2 PASSED, APPROVED, AND ADOPTED this 9th day of November 2010. Attest: City Clerk Mayor, City of Grand Terrace City of Grand Terrace Approved as to form; City Attorney ' AGENDA REPORT ALIFORNIA MEETING DATE: November 9, 2010 Council Item ( X ) CRA Item ( ) TITLE: Award of Contract for Design Services. PRESENTED BY: Richard Shields, Director of. Building and Safety/Public Works RECOMMENDATION: 1. Award design services for disabled access barrier removal at City Hall to Willdan Engineering. 2. Direct Staff to prepare-and enter into a,Professional Consultant Service Agreement with Willdan Engineering for design. 3. Direct the Finance Department to set up a new account in the amount of$43,496.00 to cover the grant. 1 BACKGROUND: On November 4, 2009 Staff applied for the 2010-2011 Community Development Block Grant (CDBG) Program for funds to remove barriers on the disabled access path to City Hall. On June 30, 2010 Staff received approval from CDBG for $43,496.00 to install new disabled access parking spaces, signage and path of travel improvements at City Hall. DISCUSSION: The scope of work involves removal of the current disabled parking space and ramp leading to the existing sidewalk on the south side of City Hall. The disabled parking spaces will be reconstructed to comply with current codes making it easier for disabled access to City Hall facilities. Portions of the front doors leading to City Hall will-be retrofitted to open automatically with the depression of a device for disabled persons. Signage will also be installed along the path of travel to the' City Hall south entrance. A new lower counter for COUNCIL AGENDA ITEM NO. � 1 disabled access will be installed between the Finance counter,and the Community Development counter. On September 8, 2010, Staff advertised a Request for Proposal, Notice Inviting Bids to provide design services for barrier removal. On September 27, 2010 a pre bid meeting was held to explain the scope of work. Bids for the design,work were opened on October 12, 2010. The following design firms submitted bids on the project. 1. Crane Architectural Group $24,900.00 2. Kitchell $12,250.00 �- 3. Pfeiler&Associates Engineers $11,500.00 4. W.J. McKeever $71793.00 5. BOA Architecture $7,000.00 6. Willdan Engineers $6,550.00 Willdan Engineers was the lowest bid for the design project. Staff recommends the City Council award Willdan Engineering the contract to provide design services on the removal of barriers at City Hall. Staff also recommends the Finance Department set up an account for the grant funds in the amount of$43,496.00. FISCAL IMPACT: . The Grant awarded to the City totals $43,496.00. Staff anticipates that the entire amount will be used to remove barriers. The City will pay the awarding contractor for invoices submitted. Staff will then submit invoices to the Department of Community Development and Housing for reimbursement. No additional funds from the General funds will be used on this project. R tfully submitt , Ri hard Shields Director of Building and Safety/Public Works Manager Approval: Betsy Adams City Manager ATTACHMENTS: Contract 2 7 PROFESSIONAL CONSULTANT SERVICES AGREEMENT - Willdan Engineering Design Services for Disabled access Barrier Removal THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this day of November, 2010, ("Effective Date") by and between the City of Grand Terrace("City"), a public entity, and Willdan, ("Consultant"). 1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with providing design services for disabled access barrier removal at City Hall. 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2011, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the "Services under this Agreement for the total sum not to exceed Six Thousand Five Hundred Fifty dollars ($6,550.00) through the term in accordance with Exhibit "A". Said payments shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City: City of Grand Terrace Attn: Richard Shields 22795 Barton Road Suite B Grand Terrace, CA 92313 To Consultant: Willdan Engineering 650 Hospitality Lane Suite 400 San Bernardino, CA 92408 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined Page 1 of 10 by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of the City and shall be referred to-herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of J ` Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event,no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultanf acknowledges that any transfer of rights may, require City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. Page 2 of 10 11. Indemnification. 11.1 Indemnity. Except as to the negligence or willful misconduct of the City Consultant shall defend, indemnify and hold the City, and its officers, employees and agents, harmless.from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with.the performance of work under this Agreement by Consultant or ,any of the, Consultant's employees, agents or subcontractors and from all"claims by Consultant's employees, subcontractors and agents for compensation for services rendered to _Consultant in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any'acts-or omissions, willful misconduct or negligent conduct, whether active or passive, on the part .of Consultant or of Consultant's. employees, subcontractors or agents. 11.2- Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes-of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required 1 herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12:1.1 Limitations. These- minimum, amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided.-by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or.coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this' Page 3 of 10 5 Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. 12.2 Workers' Compensation Insurance: By executing;this,Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to:undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said _Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this r� .Agreement, Consultant shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by,_connected'with, or acting for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability,, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than$2,000,000. 12.3.2 Consultant's automobile liability policy shall cover, both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit.of not less than $1,000,000. All'of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional Page 4 of 10 c insureds. Said policies-shall be in the usual form of commercial general and automobile liability insurance policies,.but shall include the following provisions: It is agreed that the City of Grand Terrace.and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to City's execution of.this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of.this Agreement, ,errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect r the City from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall.require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation,,the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Consultant shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to.Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. City's Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate.records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement.shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Page 5 of 10 7 Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production,website, or other similar medium without the prior written consent of the City. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City upon City's compensation to Consultant for its services as herein provided. Consultant shall not release 'to others information furnished'by City without prior express written approval of -- . City. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit `B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, -in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit"B" have any real property, business interests or income interests that will be affected by this project or, alternatively,that Consultant will file with the City an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or City to solicit or secure this. Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from -Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and City. 23. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the Page 6 of 10 City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 City may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: i 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 City decides to abandon or postpone the Project. 24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part,. except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby,waive all-provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Page 7 of 10 Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. ,- 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of'Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof,and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and'supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter- of that document, shall have no application to the interpretation and enforcement,of this Agreement. 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers is to sections in the Agreement unless'expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto,the terms contained in Exhibit"A" shall be controlling. 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A" - Scope of Services, Project Schedule, and Fees Exhibit`B"- Personnel IN WITNESS WHEREOF City and Consultant have caused this Agreement to be duly execufed the day and year first above written. Page 8 of 10 CITY OF GRAND TERRACE Company A Public Entity Willdan Engineers By: Betsy M. Adams By: i City Manager Ron L. Espalin, P.E. Director of Building and Safety Attest: City Clerk APPROVED AS TO FORM: By: City Attorney Page 9 of 10 11 M1`1'a'u- ri. k .r f '.1LI FORVIA AGENDA REPORT i MEETING DATE: November 9, 2010 Council Item (X ) CRA Item ( ) TITLE: National Pollutant Discharge Elimination System, (NPDES) JStormwater Permit Implementation Agreement, Santa Ana Region NPDES No. CAS618036, Order No. R8-2010-0036. PRESENTED BY: Matt Wirz, Management Analyst RECOMMENDATION: Authorize the Mayor to approve the new NPDES Stormwater Permit Implementation Agreement to be presented to San Bernardino County Board of Supervisors and the Flood Control Board of Directors in early 2011. BACKGROUND: Congress in 1987 amended Section 402, of the Federal Clean Water Act to require the federal Environmental Protection Agency (EPA) to promulgate regulations for application for permits relating to stormwater discharges. The EPA regulations require NPDES permits for discharge on a system—wide or jurisdiction-wide basis. The City of Grand Terrace along with numerous other local Cities, are co-permittees on an area wide NPDES permit for the Santa Ana river watershed under the San Bernardino County Stormwater Program. The original Implantation Agreement was entered into by local jurisdictions in 1992, amended in 1995; see (Exhibit `A"). The Implementation Agreement (Exhibit`B") has been updated with a new area wide cost share formula. DISCUSSION: A series of meetings were conducted by the Fiscal Subcommittee during 2006 to develop a new Implementation Agreement. On February 21, 2007 the Fiscal Subcommittee recommended a new cost-share formula based on three different program aspects which are defined as Base, Population and Area. The Base portion is applied equally to all Permittees, the Population portion applies more heavily to program elements, such as public education and outreach, where greater numbers of residents benefit, and the Area portion applies more heavily to program elements, such as monitoring, where more program cost is needed for larger areas. The complete revised Implementation Agreement draft was then circulated for review by County Counsel and legal counsel for all Permittees. The Draft Implementation Agreement (Exhibit"B") was completed in June 2010. COUNCIL AGENDA ITEM NO. The San Bernardino County Flood District is requesting each jurisdiction seek approval of the new agreement by the end of the calendar year 2010. The County will then compile all the signatures pages and submit the package for approval to the County Board of Supervisors and the Flood Control Board of Directors in early 2011. FISCAL IMPACT: Funding for the NPDES program was included in the FY 2010/11 budget. The funding was based on the old cost share formula which was fixed at 0.80% of the total budget for the area wide program totaling$14,935.00. It is expected that the County and District Board of Directors will _approve the new Implementation Agreement in early 2011. The new cost sharing formula is expected to go into effect FY 2011/12. Based on the new cost-sharing formula, the City of Grand Terrace percentage of the total budget for the area,wide program will increase to approximately 1.83%. Using the new formula, (Exhibit "C") and based on the current year's budget, the funding would increase to $34,070. The new cost share formula incorporates population and jurisdiction area, the percentage of funding may vary slightly from year to year. Respectfully submitted, tt Wirzll �na ment Analyst Richard Shields,Director of Building and Safety/Public Works . r Manager Approval: Betsy>d Adam City Manager ATTACHMENTS: Exhibit A 1992 Implementation Agreement & 1995 amendment Exhibit B 2010 Implementation Agreement Exhibit C Calculation Example M Change S(+ A 92-315 i:= o�y X H Cancel �++ M 1�W o County Department Dept Orgn. Contractor's License No Transportation/Flood Control N/A C4LIFWOO" Flood Control District Contract Representative Ph. Ext. Amount of Contract Charles L . Laird 2799 N/A SAN BERNARDINO COUNTY Fund Dept. Organization Appr. ObjiRev Source Activity GRC/PROJ/JOB Number FLOOD CONTROL DISTRICT RFL 099 F A S Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I!D CONTRACT TRANSMITTAL Project Name `�.ONTRACTOR Co-Permittees : Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontan, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Contractor's Representative Address Phone Nature of Contract: (Briefly describe the general terms of the contract) As a requirement of the NPDES No. CA8000200, ,Order No. 90-136, issued by the California Regional Water Quality Control Board, Santa Ana Region, an Implementation Agreement has to be signed between all the Co-Permittees listed in the Permit as , well as the Implementation Agreement. This agreement outlines the responsibilities of each Co-Permittee and funding for the area-wide programs. Funding by each Co-Permittee each fiscal year ;gill vary based on the projected costs for that fiscal year. The Implementation Agreement is made a part of this contract. 1, EAF.ILE".E SPROUT, i'!erk of the Board of i�l'; j_o,!nty of San Pomprdino, 7. `�' :_!: t'A '{• �til;i? OT rEli;i l�:it3, !;8:9f:J E Pftlry 'a ? fE gin[j >> f'_ it i�i'.• L'JR.Ct Capy of , _ ! C• Q th? r!: `:r,,if ^']:'i uI; fi:e �i my pif!r,o ' C:Rrk of the 3'33r;l i (Attach this transmittal to all contracts not prepared on the "Standard Contract" form 1 Approved as to Legal Form Reviewed`as to Affir ative Action Reviewed for Processing County Counsel Agency Administrator CAO qDate ` %^� I Date Date 2 1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 2 STORMWATER PERMIT ATION AGREEMENT 3 SANTA ANA REGION 4 5 6 7 This AGREEMENT entered into as of this ith day of maLy , 1992 by the County of, 8 San Bernardino, (herein called the COUNTY), the San Bernardino County Flood Control 9 District (herein called the DISTRICT), and the Cities of Big Bear Lake, Chino; Chino Hills, 10 Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Ranch 11 Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (herein called the CITIES) 12 establishes the responsibilities of each party with respect to compliance with National Pollutant ;- 13 Discharge Elimination System. (NPDES) Stormwater regulations administered by the California 14 Regional Water Quality Control Board,(RWQCB, SAR) by the authority granted by the Clean 15 Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA). 16 17 RECITALS 18 19 Whereas 20 Congress in 1987-amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 21 1342 (p)) to require the federal Environmental Protection Agency to promulgate regulations for 22 applications for permits for stormwater discharges; and 23 24 Whereas 25 These permit regulations will require the control of pollutants from stormwater 2 6 - discharges-by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for 27 the discharge of stormwaters into water of the United States; and 28 29 Whereas 30 These EPA regulations will require NPDES permits-for discharges from municipal storm 31 sewers on a system-wide or jurisdiction-wide basis; and 32 33 Whereas 34 The State Legislature, in enacting the San Bernardino County-Flood Control Act, created 35 the San Bernardino County Flood Control District to provide for the control of flood and storm 36 -waters; and 37 38 Whereas 39 The Powers granted to the DISTRICT include carrying on technical and other 40 investigations, examinations, or tests of all kinds, making measurements, collecting data, and 41 making analyses, studies, and inspections pertaining to water supply, control of floods, use of 42 water, water quality, nuisance, pollution, waste, and contamination of water both within and 43 without the DISTRICT; and 44 45 Whereas 46 The CITIES, the COUNTY and the DISTRICT desire to develop an integrated 47 stormwater discharge management program with the objective of improving water quality in the 48 County of San Bernardino; and 49 50 Whereas 51 The California State Water Resources Control Board (CSWRCB) as designee,of the EPA 52 has delegated authority to the Regional Water Quality Control Board - Santa Ana Region 1 53 (RWQCB, SAR) for administration of the NPDES Storm Water- permit application process 54 within the boundaries of their Regions; and 55 56 Whereas 57 The RWQCB, SAR issued NPDES Permit"Number 8000200 on October 19, 1990 for 58 the regulation of stormwaters; and 59 60 Whereas 61 The DISTRICT, COUNTY, and CITIES have been designated as co-permittees by the 62 RWQCB, SAR; and 63 4 Whereas -j 5 The DISTRICT has been designated as the Principle Permittee in the NPDES Permit; 66 and 67 68 Whereas 69 The COUNTY and the CITIES have been designated as the Co-Permittees in the NPDES 70 Permit; and 71 72 Whereas 73 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file 74 applications for NPDES Storm Water Permits is in the best interest of the CITIES, the 75 COUNTY, and the DISTRICT; and 76 77 NOW THEREFORE, the parties hereto do mutually agree as follows: 78 79 I. Filing Status. The COUNTY, DISTRICT, and CITIES will file the applications for _0 0 storm water permits as co-permittees. The COUNTY, the DISTRICT, and each � 2 individual CITY will be a co-permittee. 83 II. Incorporation of Federal Regulations. The terms of all applicable Federal and State 84 guidelines, as presently written or as changed during the life of this AGREEMENT are 85 hereby incorporated by reference and made a part of this AGREEMENT and take 86 precedence over any inconsistent terms of this AGREEMENT. 87 88 III. Delegation of Responsibilities. The responsibilities of each of the parties shall be as 89 follows: 90 91 A. The DISTRICT, on a cost-shared basis, shall administer system 92 compliance by: 93 94 1. Preparing and implementing an annual operating budget with the 95 participation of the co-permittees. The budget year shall coincide 96 with .the fiscal year of the DISTRICT, July 1 - June 30. 97 98 a. The co-permittees shall be permitted to review and approve 99 the annual operating budget for the forthcoming year. 100 Criteria for approval shall be an affirmative response from 101 a majority of the co-permittees. The review period shall 102 be from November 1 to November 30 of each year with 103 approval of the final budget to be completed by December 104 15. 2 1z 105 2. Preparing compliance reports to the Regional Board and providing 106 copies to the co-permittees. 107 108 3. Preparing a draft system-wide Best Management Practices (BMP) 109 Program report for review and approval by the co-permittees. 110 111 4. Monitoring the implementation, and ensuring the effectiveness of 112 system-wide BMPs. This will include field reconnaissance to 113 evaluate structural and procedural BMPs. 114 115 5. Preparing an annual report to the RWQCB, SAR presenting the 116 results of these evaluations. 117 118 B. The DISTRICT shall, to the maximum extent practicable and on a cost- 119 shared basis except in paragraph 3 below: 120 121 1. Perform the water quality and hydrographic monitoring for permit 122 compliance. 123 124 2. Develop uniform criteria for annual inspection of drainage 125 facilities. 126 127 3: Perform inspections, at no cost to the CITIES or the COUNTY, 128 on those facilities owned by the DISTRICT. Contract, for such 129 inspections within the CITIES or COUNTY may be undertaken 130 at the sole expense of the requesting CITY or COUNTY. 131 132 C. The CITIES shall, to the maximum extent practicable and at no cost to 133 COUNTY or DISTRICT: 134 135 1. Implement a facility inspection program in accordance with the 136 uniform criteria developed by the DISTRICT, for all municipal 137 separate storm sewers as defined by the NPDES permit and within 138 the jurisdictional boundaries of that CITY. 139 140 2. Submit to the DISTRICT on an annual basis, storm drain maps 141 which reflect the modifications that were made to the storm drain 142 system during the past year. 143 144 3. Prepare watershed characterizations, including: 145 146 a. Zoning designations. 147 148 b. Identification of area where hazardous materials presently 149 are or are suspected to have been stored, manufactured, or 150 disposed of. This shall include sites at which a hazardous 151 material spill has occurred. 152 153 4. Re'view,. approve, and implement system-side BMPs. 154 155 5. Eliminate or have eliminated, illegal/illicit connections to the storm 156 drain system. 3 F 157 6. Identify the legal authority for-control of discharges to the storm 158 drain system. 159 160 7. Provide to the DISTRICT annual reports (on forms prepared by 161 the DISTRICT) and any other information, in a timely fashion, 162 needed to satisfy annual reporting requirements of the RWQCB, 163 SAR. 164 165 8. Adopt and enforce a water pollution control ordinance, which 166 prohibits non-NPDES permitted discharges to the municipal 167 separate storm sewer system. 8 � 09 D. The COUNTY shall, to the maximum extent practicable and at no cost 170 to the CITIES or the DISTRICT, undertake in the unincorporated areas 171 of the COUNTY, all activities required above of the CITIES that are not 172 responsibilities of the DISTRICT as outlined in Section III.B. 173 174 IV. Program Costs. The responsibilities for payment of all shared costs of equipment, 175 services, contracted analytical services, and the cost of the. NPDES Permit, shall be 176 distributed among the DISTRICT, COUNTY, and CITIES as follows: 177 178 Participant P 179 ercent Contribution 180 DISTRICT 5 181 CITIES + COUNTY 95 182 183 Using the COUNTY's Geographical Information System, the DISTRICT will determine -u�4 the adjusted acreage for each CITY and the COUNTY from the land use, area, and run- �5 off coefficients.as contained in Appendix A on an annual basis. National forests, state 186 parks, airports; landfills, and military installations are excluded. 187 188 These calculations shall be completed by November 1 of each year and shall be included 189 in the.annual budget proposal. 190 191 The total of shared costs shall not exceed $800,000 for fiscal year 1992/1993. A deposit 192 which constitutes a share percentage according to Appendix A of the total anticipated 193 first year costs shall be required of each CITY and the COUNTY. The DISTRICT shall 194 invoice each co-permittee on a quarterly basis with the first payment due within 45 days 195 of the date of the invoice. 196 197 If at any time during a subsequent fiscal year the program costs exceed the sum of the 198 deposits, the DISTRICT shall submit invoices to the CITIES and the COUNTY to 199 recover the deficit. The share for each CITY and the COUNTY shall be prorated 200 according to the formula above. Each CITY and the COUNTY shall pay the invoice 201 within 45 days of the billing date. 202 203 The,DISTRICT shall prepare a fiscal year end accounting within 60 days of the end of 204 each fiscal year and distribute copies to the co-permittees for .their review. Co- 2 0 5 permittees shall have forty-five calendar days from the date of their receipt of the fiscal 206 year end accounting to dispute in writing or concur with the findings. If the fiscal year 207 end accounting results in costs exceeding the sum of the deposits (including interest 208 earnings), the DISTRICT shall invoice each CITY. and the COUNTY for its prorated 4 209 share of the excess cost. Each CITY and the COUNTY shall pay the billing within 45 210 days of the date of the invoice. If the fiscal year end accounting results in the sum of 211 the deposits (including interest earnings) exceeding costs, the excess deposits will carry 212 forward to reduce the billings for the following year. 213 214 After the initial billing for the program, the DISTRICT shall invoice each CITY and the 215 COUNTY for its annual deposit after July 1, the start of the fiscal year. Each CITY 216 and the COUNTY shall pay the deposit within 45 days of the date of the invoice. Each 217 CITY's and the COUNTY's deposit shall be based on their prorated share of the 218 approved annual budget, reduced for any surplus identified in the prior fiscal year-end 219 accounting. 220 221 Interest earned on the CITIES' and the COUNTY's deposits will not be paid to the 222 CITIES and the COUNTY, but will be credited against the CITIES' and the COUNTY's 223 share of the program costs. 224 225 Upon termination of the program, a final accounting shall be performed by the 226 DISTRICT If costs exceed the sum of the deposits (including interest earnings), the 227 DISTRICT shall invoice each CITY and the COUNTY for its prorated share of the 228 excess. Each CITY,and the COUNTY shall pay the invoice within 45 days of the date 229 of the invoice. If the sum of the deposits (including interest earnings) exceed the costs, 230 the DISTRICT shall reimburse.to each CITY and.the COUNTY its prorated share of the 231 excess, within 45 days of the final accounting. Interest earnings are used to offset the 232 CITIES' and the COUNTY's share of program costs and will not be refunded to the 233 CITIES and the COUNTY. 234 235 Each CITY and the COUNTY shall bear the financial responsibility for implementing 236 the program, within its jurisdictional boundaries, as outlined in Section III.C. and D. 237 238 The annual fee for the NPDES permit and the annual administrative costs incurred by 239 the DISTRICT shall be included in the total cost and paid according to'Section IV and 240 Appendix A. 241 242 The financial responsibility for this agreement will be effective beginning with the 243 1992/1993 fiscal year. 244 245 V. Life of,the AGREEMENT. The life of the AGREEMENT shall be for an indefinite 246 period and such indefinite period shall end at such time as the Clean Water Act and/or 247 the RWQCB, SAR ceases to mandate compliance. 248 249 VI. Additional Parties. Any'city or other entity which wishes to be a co-permittee on the 250 San Bernardino County Stormwater NPDES Permit that was issued by RWQCB, SAR 251 shall agree to the provisions in this funding agreement and shall sign this AGREEMENT 252 prior to be included in the permit. The date of,initiation, for determining participant 253 costs for any new co-permittee shall be the date of inclusion in the San Bernardino254 County Stormwater NPDES Permit issued by RWQCB, SAR. The cost for adding any 255 additional co-permittee to the program, including additional permit and processing fees, 256 shall be paid, by the added co-permittee. Monies, if any, to be reimbursed to the 257 existing co-permittees shall be credited to their respective annual program operating fees 258 for the following budget year. 259 260 VII. Withdrawal from the AGREEMENT. A co-permittee may withdraw from this 5 • 261 AGREEMENT at the end of any fiscal year with written notice being received by the 262 DISTRICT 90 days prior to the end of the fiscal year. The withdrawing co-permittee 263 shall agree to file for a separate NPDES permit and to comply with all of the 264 requirements established by the RWQCB, SAR. The withdrawing co-permittee shall be 265 responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost 266 allocations to the remaining members will be calculated in the following budget year. 267 268 VHL Non-compliance with NPDES Permit Requirements. Any co-permittee found in non- 269 compliance with the conditions of the NPDES permit within their jurisdictional 270 responsibilities shall be solely liable for any lawfully assessed penalties, pursuant to 271 Section 13385 of the Water Code. Penalties that apply to all the permittees shall be 12 assessed according to the formula in Appendix A. '3 2 7 4 IX. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to enforce any 275 provision hereof for damages by reason of an alleged breach of any provisions of this 276 AGREEMENT, the prevailing party shall be entitled to receive from the losing party all 277 attorney's fees and costs incurred in conjunction with such legal action. 278 279 X. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent. 280 of a two-thirds majority of the co-permittees (rounded to the nearest whole number); 281 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 282 become effective upon its execution by a majority of the co-permittees as defined above. 283 284 XI. Authorized Signatories. Each permittee and co-permittee will determine by either 285 resolution or ordinance who will be the authorized signatory. This person shall be 286 authorized to execute the application(s) for NPDES Stormwater permit(s) and take all 287 other procedural steps necessary to file the application(s) for NPDES Stormwater 2 8 8 permit(s). 9 0 XII. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) 291 working days after deposit in the U.S. Mail, certified mail, return receipt requested. 292 293 XIII. Governing Law. This AGREEMENT will be governed and construed in accordance with 294 laws of the State of California. If any provision or provisions of this AGREEMENT 295 shall be held to be invalid, illegal, or unenforceable, the validity, legality, and 296 enforceability of the remaining provisions shall not in any way be affected or impaired 297 hereby. 298 299 XIV. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived 300 and no breach excused, unless such waiver or consent shall be in writing and signed by 301 any permittee to have waived or consented. Any consent by any permittee to, or waiver 302 of, a breach by the other, whether expressed or implied, shall not constitute a consent 303 to, waiver of, or excuse for any other different or subsequent breach. 304 305 XV. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT 306 between the co-permittees with respect to the subject matter; all prior agreements, 307 representation, statements, negotiations, and undertakings are superseded hereby. 308 6 n 309 XVI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart 310 and- the signed counterparts shall constitute a single instrument. 311 312 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year.first 313 above written. 314 315 PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE. �r COUwr or BAN '04 A Chaikin► Boavf q4pervisors (State if corporation, ccapany, etc.) Dated MAY 0 4 199" B 92-315 (Authorized Signature) 1SIQNED AND CERTIFUD MW A COPY OF TM DOC UKENT HAS BEEN CELIVIItm M THE Dated CfAIRMAN OF TM BOARD. r r , M Title Clerk of the �o " tap's of the County of Address •p I ems. 1 `. PDIiIO SAN COMM FLOOD CONTROL DISTRICP C L =Boazif-of SWervisors (State if corporation, oapany, etc.) Dated MAY 0 4 1992 By (Authorized Signature) Dated AT=ED: -- Title UZZ Ptrict Address NE%0 ,ND C 0 1' 0�� OF Is r�+ :TNAB Pl 1l� 0 ,Ej IR G THE CJ% ALEN. Board at a ry 1 1 CITY OF BIG BEAR LAKE APPROVED AS TO FORM: By: Scott C. Smith . Wright Best, Best & Krieger City Manager City Attorney Date: May 6. 1992 ATTEST: Shirley A. D e City Clerk 1' IN WITNESS, WHEREOF, the AGREEMENT has been executed as of the day and year first above written. CITY-MANAGE OF THE CITY_ OF CHINO ATTEST CITY CLERK OF THE CITY OF CHINO APPROVED AS TO-LEGAL FORM: CI l7r"E'D APPRO AS TO CONTENT• CITY ENGINEER 1'� IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first above written. CITY OF CHINO HILLS Gwenn Norton-Perry, Mayor, l ATTEST: �"it/yclem Approved as to form: City Attorney E02\AG REE:NPDES.GAV 8 IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set out. Executed this 5th day of May, 1992. By. MARK LEWIS City Manager City of Colton Attest: �°/e HELEN A. RAMOS, CMC City Clerk t City of Colton 1� CITY OF FONTANA A Municipal Corporation READ AND APPROVED: Clark Alsop or Stephen P. Deitsch City Attorney This document is the true and complete document approved by City Council on May �, �992. CITY OF FONTANA �' A MUNICIPAL CORPORATION i tw '4. Linda S. Nunn, CMC Deputy City Clerk REV W D: CITY OF FONTANA E z- �� reg Isize Patricia Murray, M yor Pro Tel Community Dev pment Director AATTT: /ennifer ughn Blakely ntoya Compliance Officer City Clerk bra ichael Sokol Risk Management (ADMIN%SANTANA.AGM �e IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set out. Executed this 9th day of April, 1992 . By: Mayorl Cit of Grand Terrace Attest: 'u.Vl� Deputy City Clerk 17 IN WITNESS WHEREOF, the undersigned have executed this agreement as of the dates set out. Executed this 30th day of April, 1992 . By: .Denn Johnson, Mayor City of Highland Attest:. & ; - ebbie Anderson Deputy City Clerk 1fl Approved the 25th day of February 1992. Dated: May 4, 1992 CITY OF LOMA LINDA ATTEST: Robert H. Christman, Mayor Pamela Byrnes-O', amb, City Clerk SAM BERNARDINO COUNTY FLOOD CITY OF MONTCLAIR CONTROL DISTRICT A Municipal Corporation By: By: —�z r&JA� MAYOR Date: Date: RECOMMENDED FOR, APPROVAL: ATTEST: 14 V-al DIRECTOR O PUBL C WORKS CITY aLE Date: �//aeA Date: —I 1�" lc� APPROVED AS TO FORM: Qtr0 y CITY ATTORNEY Date: ? A'L 7� IN WITNESS WIIEREOF, the AGREEMENT has been examted as of the day and year first above written. Executed this 5th day' of May 1992. CITY OF ONTARIO • '4 •� •' • POR °O �••. C� Natea or - ATTEST: .�. �.`,. '� l •••.. • �P City Clerk ' APPROVED AS TO FORM: THIS 4th DAY OF --May 1992 �CIAMTTORNEf r �1 ACCEPTED: ra . CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Mayor Attest: sty er Approved: , ity Attorney IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT. CITY OF REDLANDS By: U 7 `M or ' L ATTEST: City Clerk May 5 , 1092 Date 21 313 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 314 above written. 315 316 317 318JHN LONGVILLE YOR 319CITY OF RI T320 321 322 323324 325 J PH . SAMPS7, CI Y L 326 327 1 328 329 APPROVED AS TO FORM AND CONTENT: 330 331 332 333 4kOBERT A. OWEN, CITY ATTORNEY STORM WATER PERMIT 1 IN WITNESS WHEREOF , the undersigned have executed this AGREEMENT 2 as of the dates set out . 3 4 CITY OF SAN BERNARD . , 5 , ��• 6 �// W . U HOL P , Mayor 8 ATTEST : 9 10 u Ap 11 RACHLL 111AINE1 . -City CleFk— A 12 1.3 Approved as to form and legal content: 14 James F . Penman 15 City Attorney 16 17 By Z 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the undersigned have executed this National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region as of the dates set out. Executed this 27th-day of April, 1992. By: .� Robert R. Nolan, Mayor CITY OF UPLAND ATTEST: Sheryll Schroeder, City Clerk r. IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the date set out. Executed this 27th day of May 1992 . l� /G ILLIAN C. EATON, MAYOR CITY OF YUCAIPA (�1 ATTEST: Q'/tw- w J ITA BROWN, TY CLERK 27 APPENDIX A The following formula will be used by the District to determine the share costs as required in the "National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region", Section IV. 1. Total Program Costs will be determined by the DISTRICT.and allocated to the CITIES and the COUNTY by the following formula: Agency AA* x (annual cost x 0.95) = Agency's Contribution Total, AA** AA-Adjusted Acreage * - Each agency as listed below ** -Total adjusted acreage AGENCY: County of San Bernardino Cities of: Big Bear Lake Chino Chino Hills Colton Fontana Grand Terrace Highland Loma Linda Montclair Ontario Rancho Cucamonga Redlands Rialto San Bernardino Upland Yucaipa ' 2. The Agency Adjusted Acreage will be determined by'the DISTRICT using the following,formula: [(Ilu 1 - Ulu 1) x Clu 11 + [(Ilu 2 - Ulu 2) x Clu 21 +...+[(U 1 - 13) x C] _ Adjusted Acreage I — Improved acreage for each landuse as defined below U — Unimproved acreage for each landuse as defined below lu — landuse as defined in the following table C — Runoff coefficient as derived from the San Bernardino County Hydrology Manual Appendix A (continued) Landuse Formula Runoff Single, Family Designation Coefficient",(C) Residential .5 acre lots lu'1 0.594 1 acre lots lu'2 0.594 dwellings/acre lu 3 .0.695 L� -4 dwellings/acre lu 4 0.695 -7 dwellings/acre lu 5 5 -10 dwellings/acre' wellings acre, lu 6 0.766 >1 dwellings/acre "lu 7 0.76 ultiple Family Residential Condominiums lu 8 .0.766 Apartments lu 9 .7_ Mobile Home arks lu 10 3 5 Commercial, Downtown lu 11 0.820 Business or Industrial school lu 12 0.69 Public Park & Agircultural lu 13 0.594 Undeveloped- U 1-13 0.547 Reference: San Bernardino County Hydrology Manual and SCAG modified Anderson landuse classification(1992) 29 • o u 9;�(pp E New Vendor Code I Dept. Contract Number 0 Change M V� A 9 H 7 92-315 A-1 lil= X Cancel IJ o County Department p t. n. Contractor's License No. Transportation/Flood Control Department 8�9 0� �g11FOFIN�p FIo9d CLorltrol District Contract ReprPl.r wative Ph. Ext. Amount of Contract ar es L Lavd SAN BERNARDINO COUNTY F nd �qi ept. anization bppr. 9%Rev Source Activity GRCfft3 8 Number FLOOD CONTROL DISTRICT 9Y 0$fg F A S Commodity Code- Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D CONTRACT TRANSMITTAL Project Name Co-Permittees: County of San Bernardino,Cities of Big Bear Lake,Chino,Chino Hills,Colton,Fontana,Grand Tetras CONTRACTOR Highland,Loma Linda,Montclair,Ontario,Rancho Cucamonga,Redlands,Rialto,San Bernardino,Upland,and Yucaipa Birth Date Federal ID No. or Social Security No. Contractor's Representative Address Phone Nature of Contract: (Briefly describe the general terms of the contract) AMENDMENT NO. 1 TO AGREEMENT NO. 92-315 Amend National Pollutant Discharge Elimination System(NPDES) Stormwater Permit Implementation Agreement No. 92-315 in order to more accurately distribute the area-wide program costs based on redefined run-off coefficients and corresponding land uses. The AGREEMENT shall remain unchanged, except for the following specific amendments: 1. Delete the second paragraph of Section IV, page 4; the said paragraph beginning on Line 183 and ending on Line 186. This paragraph is replaced by the following: "Using the County Assessor's land use parcel data, the DISTRICT will determine the total number of assessable land use units as per the methodology described in Appendix A-1, on an annual basis. Vacant, undeveloped land; agricultural uses including dairies, poultry, livestock, groves, orchards, rain crops, field,crops, vines or dry farming; and publicly-owned parcels which are parcels owned by a federal, state or local public entity or agency and used for public purposes are exempted land uses." 2. Appendix A is deleted and replaced by Appendix A-1 as attached hereto. 3. This amendment, and any amendments thereto, may be signed in counterparts. (Attach this transmittal to all contracts not prepare on the "Standard Contract" farm ) Approved as to Lagal Form R ie�Las Atfir e Action i Reviewed for Processing 1p- i County Counsel g i Agency Administrator CAO I narP W COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors (State if Corporation, Company, etc.) DEC 12 i995 Dated: 92-315 A-1 By: (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Dated: CHAIRMAN OF THE BOARD Title: Clerk of the Board of.Supervisors of the County of San Bernardino - • , 11 :+ Address: J41 t Deputy SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Chairman, Board of Supervisors (State if Corporation, Company, etc.) Dated. ^_�� 1- r- By (Authorized Signature) .h� Dated: Title: ='y-— --- Address: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT IMPLEMENTATION AGREEMENT NO. 92-315 -AMENDMENT NO. 1 IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT �© y9 Da a Neal Hertzm , Mayor - City of Big Bear Lake ATTEST: APPROVED AS TO FORM: Katherine E. Jefferies Uj Best, Best& Krieger City Clerk City-Attorneys CITY OF CHINO November 30, 1995 DATED CI'fY MANAGER, CITY O CHINO t i ATTEST: CITY CLERK, CITY OF CHINO APPROVED AS TO CONTENT: DIRECTOR OF PUBLIC WORKS CITY ENGINEER, CITY OF CHINO CC 1 1/21/95/jp AWNDAAENT NO.1 -92-1027 "Z'2 Amendment No. I to Agreement No. 92-315 BY: MI HAEL G. WICKMAN, MAYOR CITY OF CHINO HILLS ATTEST: �� LINDA D. RUTH, CITY CLERK 9se-� 1 APPROVED AS TO FORM; MARK D. HENSLEY, CITY ATTORNE CITY OF COLTON SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE NPDES STORMWATER IMPLEMENTATION AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, FLOOD CONTROL NOVEMBER 7, 1995 Y. Date: �, 7. 199s Ge a V. F p, Mayor -40001 ATTEST: Veler 4Q. l/V 7, .r �y A. Ramos, CMC Date: City Clerk . � r1tJr/1 V VI.0 Lr .,.1{..r .\1U10.i11 WV..II LLJVi J/ 1I J J Amendment No. 1 to Agreement No. 92-315 READ AND APPROVED AS TO LEGAL FORM AND CONTENT: 00, Clark Alsop or Stephen P. Deitsch City Attorn y Ken 'Jeske Public Services Director zl" Arlene Peasnall/Robert Graham Risk Me agement CITY OF FONTANA A Municipal Corporation . Devereaux City Manager ATTEST: t a by M toga City Clerk �F IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set out. Executed this 9th day of November, 1995. on Matteson,- MAyor ity of Grand Terrace Attest: Brenda Stanfill City Clerk 37 CITY OF HIGHLAND November 14, 1995 Mayorw N Date Dennis Johnson ATTEST: `�L.CL� November 14, 1995 Debbie Anderson Date City Clerk Approved by the City Council of the City of Loma Linda the 28th day of November 1995. CITY OF LOMA LINDA Robert H. Christman, Mayor ATTEST: I 4 i Pamela Byrnes-O'C b, City Clerk �A In Witness Whereof, the parties have executed this Amendment on the dates set forth below: CITY OF MONTCLAIR, Lz o/, Date: / Paul M. Eaton, Mayor ATTEST TO: Date: aret A. Crawfor ,,City Cl k R ac IN WITNESS WHEREOF, AMENDMENT NO. 1 TO SAN BERNARDINO COUNTY AGREEMENT NO. 92-315 has been executed as of the day and year first above written. Executed this ��-�s�S' day of November 1995 . CITY OF ONTARIO eel By: M (ATTEST: City Clerk APPROVED AS TO FORM a ems:r C ,f r.i i Y;,°YtA AI ACCEPTED: November 15, 1995 CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Mayor Attest: City Clerk Approved: -��-, City Attorney 4 IN WITNESS WHEREOF, the AMENDMENT has been executed on the 7th day of November,1995. CITY OF REDLANDS Y: Mayor ATTEST: City lw November 15 , 1995 Date Al PASSED, APPROVED AND ADOPTED this 7th day NovemhPr , 1995. 4JOHNONGVIL , MAYOR CITY OF RIALT �j ATTEST: 9A-RBAR'A McGEE, CITY UERK APPROVED AS TO FORM: R BERT A. OWEN, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RIALTO ) I, BARBARA McGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Amendment No. 1 to Agreement No. 92-315 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 7th day of NovemhPr , 1995. Upon motion of Council Member Sampson , seconded by Council Member zupanic-Skaggs the foregoing Amendment No. 1 to Agreement No. 92-315 was duly passed and adopted. n. CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO, a municipal corporation ATTEST: Rachel Clark, City Clerks Tom Minor, Mayor Approved as to form and legal content: James F. Penman City Attorney By aq IN WITNESS WHEREOF, the undersigned have executed this National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region as of the dates set out. Executed this 13th day of November, 1995. Tom R. Thomas, Mayor Pro Tern CITY OF UPLAND ATTEST: 5hervll Scidoeder, City Clerk Ai IN WITNESS WHEREOF, the undersigned have executed this AMENDMENT NO. 1 TO AGREEMENT NO. 92-315 - CITY OF YUCAIPA as of the date set out. Executed this 1Ath day of November 1995. LLIAM L. SEMANS, MAYOR ATTEST: A ROWN, ITY CLERK 47 • In�V 1vV VI 11 �. VVP'U\V VI VV■ VI\tIVV1\V OF SAN BERNARDINO COUNTY, CALIFORNIA FCD, Gen 11 . Inc. Cities/Listed on back December 12, 1995 Agree. No. 92-315 FROM: KEN A.MILLER,Director Transportation/Mood Control SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT RvIPLEMENTATION AGREEMENT, SANTA ANA REGION-FILE#10(NPD)-2.11 RECOMMENDATION: Acting as the governing body of the Flood Control District and as the governing body of the County, approve Amendment No. 1 to Implementation Agreement No. 92- 315 between the Flood Control District and the Co-Permittees listed in this agreement. BACKGROUND INFORMATION: On October 19, 1990,the Flood Control District and the County (unincorporated areas), and the incorporated Cities in the County Athin the Santa Ana River watershed, as Co-Permittees, obtained an area-wide National Pollutant Discharge Elimination System (NPDES) Permit, Order No.90-136, NPDES No. CA8000200, as required by the Clean Water Act, Amended in 1987. Under the requirements of the permit, the Co-Permittees entered into an Implementation Agreement for delegation of responsibilities and funding of program costs on a shared cost basis. This Amendment No. 1 to the Agreement revises the mechanism of funding the program costs by the Co-Permittees. The District's share of funding will remain at 5% of the, program cost while the Countys will reduce from 26%to 12.3%. REASON FOR RECOMMENDATION: Board approval is required to effect this Amendment. REVIEW BY OTHERS: This item was reviewed by Deputy County Counsel Charles S. Scolastico on September 25, 1995, by Fourth and Fifth District Supervisorial Staffs on October 3, 1995, by Second District Supervisorial Staff on October 5, 1995, and by Third District Supervisorial Staff on October 12, 1995. FINANCIAL DATA: The Flood Control District and the County will incur costs of approximately $23,700.00 and $58,500.00 respectively, for Fiscal Year 1995/1996 as their share of the area-wide program costs. Funding is available from the Flood Control District budget to provide for these costs. PRESENTER: Ken A. Miller cc: Flood Control Dist. w/5 Action of the Board of Supervisors agr.. for signature AGREEMENT NO. 9 2-315 A-1 Cities (16) c/o FCD APPROVED BOARD OF SUPERVISORS Auditor COUNTY OF SAN BERNARDINO Contract Compliance Risk Management MOTION AYE SECOND ABSENT AYE MO\ PW, 1 2 3 4 5 File w/agr. EARLENE SPROAT, CLERK OF THE BOARD V g BY Deputy HATCH. -nwww...1...-+e 4II&C Al APPENDIX A-1 The following formula will be used by the DISTRICT to deterrrune the'share costs for the area-wide program as required in the "National Pollutant Discharge Elimination System, Stormwater Permit Implementation.Agreement, Santa Ana Region", Section IV. 1. The total annual area wide program,costs will be determined by the DISTRICT and allocated to the CITIES and the COUNTY by the following formula: Agency's annual contributing total (total Program Costs x 0.95) is Agency's contributing percentage Agencies: County of San Bernardino Cities of: Big Bear Lake Chino Chino Hilt Colton Fontana Grand Terrace Highland Loma Linda Montclair Ontario Rancho Cucamonga Redlands Rialto San Bernardino Upland Yucaipa 2. Agency's contributing percentage is determined by the following: 1 Basic Unit (BU)= 1/6-acre single-family residential parcel with a runoff factor of 0.40 Number of Basic Units Per Land Use RUNOFF NO. OF BUs GROUP LAND USE FACTOR PER ACRE A Commercial,Industrial,Poultry 0.80 12 B Apartments/Mobile Home Parks 0.60 9 Churches and Schools C Single-Family Residential 0.40 • D Dairies,Livestock(Exempt) E Irrigated Groves,Golf Courses 0.0067 0.10 F Cultivated Crops,Undeveloped 0.0033 0.05 Land number of basic units per acre=(area of parcel in acres)x(runoff factor) 1 Basic Unit Example: For 1-acre commercial parcel. No. of basic unitstacre = 1-ac x 0.8 = 12 1/6-ac x 0.4 49 *To further define single-family residences (S.F.R.), the following formula were used: S.F.R.: 0-7,200 S.F. parcels number of basic units=(1 basic unit) x (number of parcels) S.F.R.: 7,201 S.F. - 2.5-acre parcels number of basic units= (1 basic unit)x (number of parcels) + (total acres - number of parcels x 0.17)x 0.1 basic unit/acre S.F.R.: on greater than 2.5-acre parcels number of basic units = (1.23 basic units) x (number of parcels) + (total acres - 2, acres/parcel x number of parcels)x 0.05 basic units/acre AGENCY'S CONTRIBUTING PERCENTAGE = AGENCY'S TOTAL.BASIC UNITS TOTAL BASIC UNITS IN PERMIT AREA 2 �r IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set out. Executed this 9u' Day of November, 2010. By: Maryetta Ferre Mayor J City of Grand Terrace Attest: Brenda Mesa City Clerk 51 Exhibit 13 1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT 3 SANTA ANA REGION 4 5 6 This AGREEMENT entered into as of this [DATE] by the County of San Bernardino, (herein 7 called the COUNTY), the San Bernardino County Flood Control District (herein called the 8 DISTRICT),and the Cities of Big Bear Lake,Chino,Chino Hills,Colton, Fontana,Grand Terrace, 9 Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San 10 Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of I I each party with respect to compliance with National Pollutant Discharge Elimination System 12 (NPDES) Stormwater regulations administered by the California Regional Water Quality 13 Control Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean 14 Water Act (CWA) and its 1987 amendments and the Water Quality Act(WQA). 15 16 RECITALS 17 18 Whereas 19 Congress in.1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342 20 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate regulations 21 for applications for permits for stormwater discharges; and 22 23 Whereas 24 These permit regulations require the control of pollutants from stormwater discharges 25 by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the 26 discharge of stormwaters into waters of the United States; and 27 28 Whereas 29 These EPA regulations require NPDES permits for discharges from municipal separate 30 storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis;and 31 32 Whereas 33 The State Legislature, in enacting the San Bernardino County Flood Control Act,created 34 the San Bernardino County Flood Control District to provide for the control of flood and storm 35 waters;and 36 37 Whereas 38 The Powers granted to the DISTRICT by the San Bernardino County Flood Control Act 39 include carrying on technical and other investigations, examinations, or tests of all kinds, 40 making measurements, collecting data, and making analyses, studies, and inspections. 41 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 42 waste,and contamination of water both within and without the DISTRICT; and 43 44 Whereas 45 The CITIES, the COUNTY and the DISTRICT desire to develop and implement an 46 integrated stormwater discharge management program with the objective of improving water 47 duality in the Santa Ana Watershed portion of San Bernardino County; and June 8 2010 MS4 Implmentaaon Draft Final--clean.doc l S 48 49 Whereas 50 The California State Water Resources Control Board (SWRCB) as designee of the EPA 51 has delegated authority to the Regional Water Quality Control Board - Santa Ana Region 52 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits within 53 the boundaries of their Region;and 54 55 Whereas 5.6 The DISTRICT, COUNTY, and CITIES have been designated as joint permittees (Permittees)by the SARWQCB for the MS4 Permit issued to the County of San Bernardino;and ^Da 59 Whereas 60 The DISTRICT has been designated as the Principal Permitee in the MS4 Permit; and 61 62 Whereas 63 The COUNTY and the CITIES have been designated as the Co-permittees in the MS4 64 Permit; and 65 66 Whereas 67 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file an 68 application for the M54 Permit is in the best interest of the CITIES, the COUNTY, and the 69 DISTRICT;and 70 Whereas The Permittees shall establish and maintain a Management Committee to coordinate 73 compliance with IVIS4 Permit requirements and implement a Stormwater Management Program 74 across all jurisdictions covered by this MS4 Permit;and 75 76 NOW THEREFORE, the parties hereto do mutually agree as follows: 77 78 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file the application for 79 an area-wide storm water permit. The COUNTY, the DISTRICT, and each individual 80 CITY will be a Permittee. 81 82 83 II. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and 84 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4 85 Permit requirements and implementation of the Stormwater Management Program 86 through the workings of the Management Committee. The responsibilities and structure 87 of this committee shall include: 88 89 90 91 A. The purpose of the Management Committee shall be to develop policies, 92 (including goals, needs, and priorities) budgets, and implementation 93 strategies and plans for the area-wide Stormwater Management Program 94 to ensure compliance with the NIS4 Permit. The Management Committee June 8_01C MS4 Implmeniauon Drah Firal--clear doc 95 shall evaluate implementation options and strategies and recommend 96 implementation actions to the DISTRICT. 97 98 B. Each Permittee shall designate in writing at least one authorized 99 representative and one alternate to ,participate on the Management 100 Committee. Management Committee designees and alternates shall be 101 authorized by their respective city council or governing board to cast 102 votes on behalf of their jurisdiction to determine Stormwater 103 Management Program budgets and all other program elements required 104 to implement the areawide Municipal Stormwater Management Plan `r�1 105 (MSWMP). 106 107 C. The Principal Permittee shall serve as the , chairperson for the 108 Management Committee. 109 110 D. The Management Committee shall meet at least once each month, except III during the month of December. 112 113 E. Ten (10) authorized representatives present in person at a scheduled 114 meeting constitute a _quorum for the transaction of business of the 115 Management Committee. If a quorum is. not present at a scheduled 116 Management Committee meeting, less than a quorum may adjourn the 117 meeting. For all Management Committee actions other than approval of 118 the budget as set forth in Section VII.C.1. of this AGREEMENT, a 119 majority vote of the quorum shall decide any question brought before the 120 Management Committee for decision. 121 122 F. The Management Committee shall support Stormwater Management 123 Program implementation by providing guidance to the Principal Permittee 124 with respect to stormwater program administration and approving 125 elements,of the area-wide MSWMP. 126 127 G. The Management Committee may establish subcommittees to support 128 the work of the Management Committee. Subcommittees shall include 129 interested members of the Management Committee, and/or other 130 Permittee staff with necessary expertise. Subcommittees may develop 131 recommendations for Management Committee consideration. Such 132 recommendations require majority approval by members of the 133 subcommittee on a one vote per Permittee basis. 134 135 H. Approval of Management Committee decisions will require a majority 136 vote of the authorized representatives or alternates in attendance, on a one 137 vote per Permittee basis. In the event that the Management Committee 138 does not approve a subcommittee recommendation, the item will be 139 directed back to the subcommittee for reconsideration. !une 8 2010 MS4 Impimentaticn-Draft Final—clean.doc 3 C/ 140 I. All parties to this AGREEMENT achieve cost savings by working 141 collectively to implement the areawide stormwater program. To 142 maximize these cost savings, the Permittees agree that: 143 144 1. Each authorized representative shall actively participate in at least 145 9 of 11 monthly,Management Committee meetings; 146 147 2. Each Permittee, shall actively participate in at least one 148 subcommittee, either through the authorized representative or other authorized designee. Participation will be' defined as 156 'attendance at fifty percent (50%) or more of subcommittee 151 meetings held in a given fiscal year. 152 153 154 III. Principal Permittee Responsibilities. 155 156 The DISTRICT, acting through its Board of Directors, is the Stormwater Program Administrator 157 for purposes of this AGREEMENT. The District shall have administrative responsibilities and 158 shall be reimbursed for its time expended on behalf of the Stormwater Program. These rates 159 include actual hourly rate plus overhead. Materials are to be reimbursed at direct cost. 160 161 The DISTRICT,while acting as administrator,will strive to implement the policies,budget,and 162 required program elements according to the recommendations of the Management Committee. In turn, the Management Committee will work in good faith with the DISTRICT to make f reasonable policy,budget and required program element recommendations to the 165 DISTRICT. The Parties recognize and acknowledge,however, that the DISTRICT,as governed 166 by the San Bernardino County Board of Directors,retains final authority regarding the nature 167 and manner in which the recommendations of the Management Committee shall be executed. 168 169 In the event that the DISTRICT proposes to implement an approach different than the one 170 recommended by the Management Committee,,the DISTRICT's proposed alternative action 171 shall be communicated to the Management Committee-at the next available meeting of the 172 Management Committee. If the Management Committee approves the alternative action, then 173 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs 174 associated with that alternative action. If,in good faith, the Management Committee does not 175 approve the alternative action,the DISTRICT may implement the alternative action,but the 176 DISTRICT shall be solely responsible for paying the increased costs,if any, resulting from the 177 alternative action. This increased cost shall be measured by the difference between the cost of 178 the alternative action and the estimated cost of the action as reasonably recommended by the 179 Management Committee. 180 181 If the DISTRICT'S proposed alternative implementation action involves an increase in program 182 costs, that alternative implementation action shall not be adopted until such time as each 183 authorized representative of the Management Committee has had 45 days to relay that 184 alternative implementation action to its various governing,bodies for approval. CITIES and 185 COUNTY shall have no responsibility for the incremental increase in cost associated with an June 8_7019 MS4 Implmentauon Diatt Final--dean ooc 4 186 alternative action that is not approved by the Management Committee after 45 days has passed 187 with the governing bodies failing to approve the alternative implementation action. 188 189 190 191 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 192 Management Program contracts and agreements with all consultants, contractors, vendors or , 193 other entities as recommended by the Management Committee. 194 195 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co- 196 permittees as applicant in preparing and submitting grant proposals, and may act as 197 administrator for any awarded grant,funds. 198 199 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 200 Stormwater Program as the contracting party and signatory in joint agreements with other 201 municipal stormwater programs and stakeholders for regional benefits and cooperation. 202 203 As the Principal Permittee under-the MS4 Permit, the DISTRICT shall coordinate all area-wide 204 MS4 Permit activities and manage the Stormwater Management Program by: 205 206 A. Conducting chemical, biological and bacteriological water quality 207 monitoring on behalf of the areawide program as required by the MS4 208 Permit. 209 210 B. Implementing management programs, monitoring programs, and related 211 plans as required by the MS4 Permit. 212 213 C. Preparing and submitting to the Executive Officer (SARWQCB) unified 214 reports,plans,and programs necessary to comply with the MS4 Permit. 215 216 D.' Coordinating and conducting Management Committee meetings as 217 specified in the MSWMP. 218 219 E. Taking the lead role in initiating and developing area-wide programs and 220 activities necessary to comply with the MS4 Permit. 221 222 F. Participating, as needed, in any subcommittees formed to facilitate MS4 223 Permit requirements. 224 225 G. Providing technical and administrative support and inform the Co- 226 permittees of the progress of other pertinent municipal programs, pilot 227 projects, research studies, and other information to facilitate 228 implementation of Co-permittees' stormwater program. ;%ne 8 2010 MS4 Implmentation Draft Final--Gean.aoc j GC 230 H. Coordinating the implementation of area-wide Stormwater Management 231 Program activities such as a monitoring program, public education, and 232 pollution prevention. 233 234 I. Gathering "and disseminating information on the progress of statewide 235 municipal stormwater programs and- evaluate the information for 236 potential use in the execution of the MS4 Permit. 237 I I Q J. Monitoring the implementation of the plans and programs required by the MS4 Permit and determine, their effectiveness in attaining water 240 quality standards. 241 242 K. Coordinating with SARWQCB activities pertaining to implementation of 243 the MS4 Permit,including the submittal of all required reports, plans,and 244 programs. 245 246 L. Soliciting and coordinating public input for any major proposed 247 stormwater management programs and implementation plans. 248 249 M. Developing and implementing mechanisms, performance standards, etc., 250 to promote consistent implementation of Best Management Practices 251 among the Permittees. 252 11 N. Cooperating in watershed -management programs and regional and/or 1�4 statewide monitoring programs. 255 256 IV. Co-permittee Responsibilities. The Co-permittees shall.support the Principal Permittee 257 by: 258 259 A. Preparing and submitting to the Principal Permittee in a timely manner 260 all required information necessary to comply with permit reporting 261 requirements. Timely completion of Permittee annual report 762 information is considered meeting the deadline if.received on or before 263 September 15th of each reporting year. 264 B. Notifying the Principal Permittee immediately, in writing,of any 265 changes to the designated representative to the Management 266 Committee. 267 C. Reviewing and commenting on all plans, strategies, management 26$ programs,and monitoring programs,as developed by the-Principal 269 Permittee or a subcommittee of the Management Committee. 270 D. Conducting and/or coordinating with the Principal Permittee on any 271 survevs or characterizations needed to identify pollutant sources from 272 specific drainage areas. 273 J�r.e 8 201C MS4 Implmentatton Draft Final--clean Ooc 6 57 274 V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually 275 responsible for implementing all MS4 Permit requirements within their respective 276 jurisdictions. The Management Committee does not assume any responsibility for 277 implementing the Stormwater Management Programs for the Principal Permittee or any 278 other Permittee or for ensuring that the Principal Permittee or the Co-permittees 279 implement programs consistent with the recommendations of the Management 280 Committee. 281 282 VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 283 the other parties to this AGREEMENT from and against any and all liability and expense 284 arising from any act or omission of the indemnifying party, its authorized officers, ' 285 employees; agents, and volunteers in connection with the performance of this 286 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 287 fees, claims, actions, damages, liability,'and causes of action for damages of any nature 288 whatsoever; provided, however, that no party shall indemnify another party for that 289 party's own negligence or willful misconduct. 290 In the event a party,or parties,to this AGREEMENT is/ found to be comparatively at 291 fault for any claim,action, loss or damage which results from their respective obligations 292 under this AGREEMENT; the party,or parties shall indemnify the other party/parties to 293 the extent of its/their comparative fault. Furthermore, if a party attempts to seek 294 recovery from the other for.Workers' Compensation benefits paid to an employee, the 295 parties agree that any alleged negligence of the employee shall not be construed against 296 the employer of that employee. 297 The parties to this AGREEMENT are authorized self-insured public entities for purposes 298 of Professional Liability, Automobile Liability, General Liability, and Workers' 299 Compensation and warrant that through their programs of self-insurance, they have 300 adequate coverage or resources to protect against liabilities arising out of their 301 performance under this Agreement. 302 303 304 305 306 VII. Program Costs. The responsibilities,for payment of all shared costs of equipment, 307 services, contracted analytical services, and the cost of implementing the MS4 Permit, 308 shall be distributed among the DISTRICT,COUNTY,and CITIES as follows: 309 310 A. 'The DISTRICT shall contribute 5% of the annual Program Costs; the other 311 Permittees shall be responsible for the remaining 95% of the Program 312 Costs. 313 314 B. The annual budget shall separate program costs into four Program Areas: 315 316 1. ,'Monitoring, which shall include any water quality and 317 hydrographie monitoring and laboratory analyses. 318 319 2: Public Education, which shall include all public outreach programs. 320 !une d 2010 MS4 Implmentauon Draft Final--clean doc 7 cc 321 3. Program Nlanagenwnt & Regulatonyr Activities, which includes 322 administrative, reporting and regulatory activities. 323 324 4. Trailing, which addresses any training conducted to implement 325 the stormwater management program. 326 327 C. The Principal Permittee shall prepare and implement an annual operating 328 budget with the participation of the Permittees. The budget year shall 329 coincide with the fiscal year of the DISTRICT,July 1 -June 30. 331 1. The Principal Permittee will forward the annual operating budget 332 for the forthcoming year to the Co-permittees for review and 333 approval. The review period shall be from the first business day of 334 November to the first business day of December of each year. 335 During the review period, the Co-permittees may provide written 336 comments on the budget to the Principal Permittee. The Fiscal 337 Subcommittee will review the comments on the budget and 338 endorse a draft budget for Management Committee approval. The 339 Management Committee will consider the draft budget for 340 approval at the January meeting. An affirmative response from a 341 majority of the total number of authorized representatives or 342 authorized alternates is required for approval. 343 ? D. For Fiscal Year 2010/11, the Permittees cost share shall be as follows: PERMITTEE PERCENTAGE SHARE Big Bear Lake 1.98 Chino 4.59 Chino Hills 5.08 Colton 3.48 Fontana 7.45 Grand Terrace 0.80 Highland 2.21 Loma Linda 1.36 Montclair 2.19 Ontario 11.99 Rancho Cucamonga 9.81 Redlands 4.84 Rialto 5.58 San Bernardino 12.13 Upland ;.05 l.,ne t 2010 IAS4 Impimentation Draft Final--clean coc 8 59 PERMITTEE PERCENTAGE SHARE Yucaipa 3.42 County 13.04 District 5.00 TOTAL 100 345 346 E. For Fiscal Year 2011/12, and all subsequent fiscal years the Permittees 347 cost share shall be determined annually according to the methodology 348 provided in Appendix A. 349 F. For Fiscal Year 2011/12, and all subsequent fiscal years, the Permittees 350 annual cost share shall be calculated by November 1 of each year and 351 shall be included in the annual budget proposal. 352 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 353 deposit after July 1, the start of the fiscal year. Each CITY and the 354 COUNTY shall pay the deposit within 30 days of the date of the invoice. 355 Each CITY's and the COUNTY's deposit shall be based on their prorated 356 share of the approved annual budget, reduced for any surplus identified 357 in the prior fiscal year-end accounting. 358 H. The DISTRICT shall make reasonable efforts to inform the Management 359 Committee during the fiscal year of potential exceedances of the approved 360 budget that may require the Parties to increase the deposits. If at any time 361 during a fiscal year the program costs exceed the sum of the deposits, the 362 DISTRICT shall submit invoices to the CITIES and the COUNTY to 363 recover the deficit. The share for each CITY and the COUNTY shall be 364 prorated according to the formula above (see Paragraphs D and E of this 365 Section). Each CITY and COUNTY shall pay the invoice within 30 days of 366 the billing date. 367 368 1. The DISTRICT shall prepare a fiscal year end accounting at the end of 369 each fiscal year and distribute copies to the Permittees for their review by 370 October 31 of that year. Permittees shall have 30 calendar days from the 371 date of their receipt of the fiscal year end accounting to dispute in writing 372 or concur with the findings. If the fiscal year end accounting results in 373 costs exceeding the sum of the deposits (including interest earnings), the 374 DISTRICT shall invoice each CITY and the COUNTY for its prorated 375 share of the excess cost. Each CITY and the COUNTY shall pay the billing 376 within 30 days of the date of the invoice. If the fiscal vear end accounting 377 results in the sum of the deposits (including interest earnings) exceeding h.ne 5 2010 MS4 Implmentanon Drat Final-z!ean doc 9 GI 378 costs, the excess deposits will carry forward to reduce the billings for the 379 following year. 380 381 J. Upon termination of the program, a final accounting shall be performed 382 by the DISTRICT. If costs exceed the,sum of the deposits (including 383 interest earnings); the. DISTRICT shall invoice each CITY and the 384 COUNTY for its prorated share of the excess. Each CITY and the 385 COUNTY shall pay the-invoice within 30 days of the date of the invoice. 386 If the sum of the deposits (including interest earnings) exceeds the costs, 3 the DISTRICT shall reimburse to each CITY and the COUNTY its 3zS8f prorated'share of the excess (including any interest earnings remaining), 389 within 30 days of the final accounting. 390 391 K. Each CITY and the COUNTY shall bear the financial responsibility for 392 implementing the program within its jurisdictional boundaries, including 393 any applicable MS4 permit fees,as outlined in Section V. 394 395 L. The annual administrative costs (includes actual Hourly rate plus 396 overhead) incurred by the DISTRICT shall be included in the budget for 397 the Areawide Program Costs and paid according to this Section, Section 398 III and Appendix A. 399 400 M. The financial responsibility for this AGREEMENT will be effective on the r date this AGREEMENT.takes effect. 403 VIII. Term of the AGREEMENT. The term-of the AGREEMENT coincides with the term of 404 the current MS4 Permit (Order No. R8-2010-0036). The renewal process of the 405 Implementation Agreement shall begin at the same time as the initiation of the Report of 406 Waste Discharge renewal and shall be completed within 6 months from the SARWQCB 407 approval date of the MS4 Permit that follows Order No. R8-2010-0036. This 408 AGREEMENT shall therefore take effect on the date it is approved by all parties and 409 shall terminate 6 months after SARWQCB approval of the M54 Permit that follows 410 Order No. R8-2010-0036. 411 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San 412 Bernardino County MS4 Permit that was issued by SARWQCB' shall agree to the 413 provisions in this funding agreement and shall sign this AGREEMENT prior to being 414 included in the permit. The date of initiation, for determining participant costs for any 415 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 416 issued by SARWQCB. The cost for adding any additional Permittee to the program, 417 including additional permit and processing fees, shall be pain by the added Permittee. 418 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their 419 respective annual program operating fees•for the following budget year. 420 421 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this 422 AGREEMENT at the end of any fiscal vear with written notice being received by the 423 DISTRICT 90 days prior to the end of the fiscal year. A withdrawing Permittee will not 424 be allowed refunds for tasks, projects or studies already underway in which funds have tune?20!0 MS4 Implmentaucn Draft Final--Gear,doc 10 tit 425 been obligated for the fiscal year. Upon completion of tasks, projects or studies 426 undertaken or on-going, if any funds are not expended, a refund of the share of the 427 balance shall be paid within sixty (60) days thereafter to the withdrawing Permittee. 428 429 The withdrawing Permittee shall be responsible for all assessed penalties as a 430 consequence of withdrawal. The cost allocations to the remaining members will be 431 calculated in the following budget year. 432 433 XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 434 agreement. If a breach is not cured within ninety (90) days after receiving a notice toa 435 cure the breach by a permittee, permittee in breach may be terminated from this 436 AGREEMENT by a majority vote of the Management Committee. 437 438 XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non- 439 compliance with the conditions of the MS4, Permit within their jurisdictional 440 responsibilities shall be solely liable for any assessed penalties, pursuant to Section' 441 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed 442 according to the formula in Appendix A. 443 444 XIII. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any 445 party's rights hereunder or,enforce any provision hereof for any damages by reason of 446 an alleged breach of any provisions of this AGREEMENT, each party shall bear its own 447 attorney's fees and costs incurred in conjunction with such legal action regardless of 448 who is found to be the prevailing party. This section shall not apply to those costs and 449 attorney's fees arising from any third party legal action against a party hereto and 450 payable under Section VI, Indemnification and Insurance. 451 452 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent to 453 a two-thirds ,majority of .the Permittees (rounded to the nearest whole number). 454 Amendments to this AGREEMENT may be adopted and executed concurrently, and 455 shall become effective upon its execution by a majority of the Permittees as defined 456 above. 457 458 XV. Authorized Signatories: Each Permittee will.determine by either resolution or ordinance 459 who will be the authorized signatory. This person shall be authorized to execute the 460 application(s) for MS4 Permit(s) and take all other procedural steps necessary to file the 461 application(s) for MS4 Permits. 462 463 Wl. Notices. All notices shall be deemed duly given if delivered by hand;or five (5)working . 464 days after deposit in the U.S.Mail,certified mail,return receipt requested. 465 466 XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 467 laws of the State of California. If any provision or provisions of this AGREEMENT shall 468 be held to be,invalid, illegal or unenforceable, the validity, legality, and enforceability of 469 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 470 action which arises out of or is in any way related to this AGREEMENT shall be brought 471 in the Superior Court of the County of San Bernardino. June E 2010 MS4 Implmentation Draft Final—clean.aoc 11 F 472 473 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived 474 and no breach excused, unless such waiver or consent shall be in writing and signed by 475 any Permittee to have waived or consented. Any consent by any Permittee to, or waiver 476 of, a breach by the other whether expressed or implied, shall not constitute a consent to, 477 waiver of,or excuse for any other different or subsequent breach. 478 479 XIX. American Recovery and Reinvestment Act of 2009 ("ARRA"). DISTRICT, while acting 480 as the Stormwater Program Administrator, shall include in any contract funded in 1' whole,or in part,by ARRA provisions that substantially conform to the following: 462 483 A. Use of ARRA Funds and Requirements. This Contract may be funded in 484 whole or in part with funds provided by the American Recovery and 485 Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 486 2009. Section 1605 of ARRA prohibits the use of recovery funds for a 487 project for the construction, alteration, maintenance or repair of a public 488 building or public work (both as defined in 2 CFR 176.140) unless all of 489 the iron, steel and manufactured goods (as defined in 2 CFR 176.140) 490 used in the project are produced in the United States. A waiver is 491 available under three limited circumstances: (i) Iron, steel or relevant 492 manufactured goods are not produced in the United States in sufficient 493 and reasonable quantities and of a satisfactory quality; (ii) Inclusion of 494 iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public 497 interest. This is referred to as the "Buy American' requirement. Request 498 for a waiver must be made to the DISTRICT for an appropriate 499 determination. 500 Section 1606 of ARRA requires that laborers and mechanics employed by 501 contractors and subcontractors on projects funded directly by or assisted 502 in whole or in part by and through the Federal Government pursuant to 503 ARRA shall be paid wages at rates not less than those prevailing on 504 projects of a character similar in the locality as determined by the 505 Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). 506 This is referred to as the"wage rate" requirement. 507 508 The above described provisions constitute notice under ARRA of the Buy 509 American and wage rate requirements. Contractor must contact the 510 DISTRICT contact if it has any questions regarding the applicability or 511 implementation of the ARRA Buy American and wage rate requirements. 512 Contractor will also be required to provide detailed information 513 regarding compliance with the Buy American requirements, expenditure 514 of funds and wages paid to employees so that the DISTRICT may fulfill 515 any reporting requirements it has under ARRA. The information may be 16 required as frequently as monthly or quarterly. Contractor agrees to fully 517 cooperate in providing information or documents as requested by the 18 DISTRICT pursuant to this provision. Failure to do so will be deemed a line?2010 MS4 Ircplme^tanor,Draft Final--•dear aoc 12 Al 519 default and may result in the withholding of payments and termination 520 of this Contract. 521 Contractor may also be required to register in the Central Contractor 522 Registration (CCR) database at http://www.ccr.gov and may be required 523 to have its subcontractors also register in the same database. Contractor 524 must contact the DISTRICT with any questions regarding registration 525 requirements. 526 527 B. Schedule of Expenditure of Federal Awards. In addition to the 528 requirements described in "Use of ARRA Funds and Requirements," 529 proper accounting and reporting of ARRA expenditures in single audits 530 is required. Contractor agrees to separately identify the expenditures for 531 each grant award funded under ARRA on the Schedule of Expenditures 532 of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) 533 required by the Office of Management and Budget Circular A-133, 534 "Audits of States, Local Governments, and Nonprofit Organizations." 535 This identification on the SEFA and SF-SAC shall include the Federal 536 award number, the Catalog of Federal Domestic Assistance (CFDA) 537 number, and amount such that separate accountability and disclosure is 538 provided for ARRA funds by Federal award number consistent with the 539 recipient reports required by ARRA Section 1512 (c). 540 In addition,Contractor agrees to separately identify to each subcontractor 541 and document at the time of sub-contract and at the time of disbursement 542 of funds, the Federal award number, any special CFDA number assigned — 543 for ARRA purposes, and amount of ARRA funds. 544 Contractor may be required to provide detailed information regarding 545 expenditures so that the DISTRICT may fulfill any reporting 546 requirements under ARRA described in this section. The information 547 may be required as frequently as monthly or quarterly. Contractor agrees 48 to fully cooperate in providing information or documents as requested by 49 the DISTRICT pursuant to this provision. Failure to do so will be deemed i50 a default and may result in the withholding of payments and termination )51 of this Contract. )52 ,53 ;54 XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT ;55 between the Permittees with respect to the subject matter; all prior agreements, ,56 representation, statements,negotiations,and undertakings are superseded hereby. 57 58 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart 59 and the signed counterparts shall constitute a single instrument. 60 61 XXII. No Separate Entitv. This AGREEMENT established a framework for PERMITTEE 62 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 63 create an entity separate from the local agencies that join in this cooperative effort. 64 June E 1-010 MS4 Impimentauon Draft Final--clean doc 13 rr.l 565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written. 567 568 PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE. 569 k,ne E i010 MS4 ImpIrrentation Draft Final--clean aec 14 65 570 APPENDIX A 571 572 A. The DISTRICT shall pay five percent(5%) of the total annual cost,and the COUNTY and 573 the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 574 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C,below. 575 576 B. The Permittees total annual cost share is the sum of the individual cost-shares calculated 577 for each Program Cost Area. 578 579 C. The Permittees annual cost share for each Program Cost Area (PCA;) shall be calculated 580 using three cost factors: 581 582 1. Base, which represents the percentage of the program costs equally applied to all 583 Permittees. The base (B) fraction is calculated as follows: 584 585 B=1/N,where N=number of Permittees 586 587 2. Relative Population,which represents the percentage of the program costs based 588 on the relative population of each Permittee. Relative population(RP) of each 589 Permittee shall be calculated annually from annual population estimates issued 590 by the California Department of Finance (E-1 Table). 591 592 RPt= (P;/Ptotad),where 593 - 594 RPt = relative population of Permittee (i) 595 Pt= population of Permittee (i) 596 Ptotal = total population for area covered by the area-wide permit 597 598 3. Relative Land Area, which represents the percentage of the program costs based 599 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 600 calculated as follows: 601 602 a. The calculation of relative land area within each Permittee's jurisdiction 603 shall exclude land under tribal, state or federal jurisdiction,or any land 604 excluded by the State Water Resources Control Board. Any Permittee 605 seeking to exclude lands under this Section shall specifically request that 606 exclusion from the Principal Permittee by providing the request in 607 writing along with necessary documentation no later than October 1 to be 608 considered for inclusion in the next year's annual budget. The requesting 609 Permittee has the burden of proving entitlement to any exemption so 610 requested. 611 612 b. The method for calculating relative land area shall be determined from 613 the Assessor's Parcel data provided by the COUNTY Information 614 Services Department. 615 616 RLA; _ (L;/Lt.t,,i), where June 2 2010 MS4 Implmentatwn Draft Final--Uean.00c 15 617 618 RLAi =relative land area of Co-permittee (i) 619 Li = land area of Co-permittee (i),less excluded lands 620 Li.tdi= total land area under permit jurisdiction 621 622 D. The Permittee's cost share for each individual Program Cost Area is based on the 623 relative importance of the cost factors to the Program Cost Area as identified in budget 624 year-specific Tables 1,2 and 3.The cost share calculation for each Program Cost Area, 625, which will be phased in over a three year period as shown in Tables 1, 2 and 3;is as 6 follows: 64i� 628 PCAi= RB *Xi* ABi) + (RPi*Yi*AB) + (RLAi*Zi* AB)] 629 630 Where, 631 632 PCAi= Permittee's cost share for PCAi 633 ABi = Annual budget for PCAi 634 635 B= Base fraction for each Permittee 636 Xi = Percentage apportioned to the base for PCAi 637 638 RPi= Relative population of Permittee(i) 639 Yi= Percentage apportioned to relative population for PCAi 6,'" 6{�__." RLAi = Relative land area of the Permittee(i) 642 Zi= Percentage apportioned to relative land are for PCAi 643 644 E. The Permittee's total annual cost share shall be calculated by summing the cost shares 645 calculated for each individual Program Cost Area: 646 647 Permittee's annual cost share =PCA, + PCAz+PCA3 +PCA4 648 Table 1. Budget Year[DATE] Percent of the Program Cost Area Apportioned to each Cost Factor Program Cost Areas (PCAi) Base Relative Relative Population Land Area (X+) (Yi) (Zi) Monitoring(PCAi) 10% 30% 60% Public Education (PCAz) 10% I 80% 10% I Program Management & 30% 50% j -10°% RegulatorV Activities PCA3 I Training(PCA4) 10% I 60% 10- ;L.ne e._'G70 MS4 1mclmentation Graft Final--Uean.acc 16 R7 Exhibit C Calculation Example Total Program Budget $1,866,837 a. The District shall pay 5%of total annual costs. =$93,342, b. The Permittees total annual cost share is the sum of the individual cost-shares calculated for each Program Cost Area. c. The Permittees annual cost share for each Program Cost Area(PCAi) shall be calculated using three factors. (Reflected as columns in Table 1) a. Base 4 i. B.= 1/n. where N=Number of permittees 1. B=1/17=.0588 b. Relative population (RP)—Calculated annually from Department,of Finance. i. RP=(Pi/Ptotal)=0.0083006 or.83% ii. Pi =Grand Terrace Population= 12,380 iii. Ptotal= 1,491,444 c. Relative land area(RLA) excluding tribal land, state land, federal land. i. RLA= Li/Ltotal.=.005643 or.56% ii. Li =3.51 iii. Ltotal=622 d. PCAi based on the following a. PCAi= [(B*Xi*ABi)+(RPi*Yi*ABi)+(RLAi*Zi*ABi)] i. PCAi=permittee's Cost Share for PCAi ii. ABi=Annual Budget for PCAi iii. B =Base Fraction for each Permittee iv. Xi = % appropriated to base for PCAi v. RPi =Reletive Population of Permittee vi. Yi =Percentage Apportioned to relative land area. vii. RLAi=Reletive land area of the Permittee viii. Zi =Percentage appropriated to relative land are for PCAi e. Permittee's Annual Cost share calculated by summing the cost share for each PCA a. Permittee's Annual Cost Share=PCA I+PCA2+PCA3+PCA4 (shown as rows in Table 1) TABLE 1 Budget Year(DATE) Program Cost Area(PCAi) Percent of the Program Cost Area Appointed to each Cost Factor Base (Xi) Relative Population(Yi). Relative Land Area(Zi Monotoring(PCA1) 10% 30% 60% Budget $390,000/.95 Public Education(PCA2) 10% 80% 10% Budget$263,040/.95 Program Maintenance(PCA3) 30% 50% 20% Budget$1,153,797/.95 Training (PCA4) 30% 60% 10% Budget$60,000/.95 �a r a. Calculation as follows - PCAi= [(B*Xi*ABi) + (RPi*Yi*ABi) + (RLAi*Zi*ABi)] a. PCA1 = [(.0588*.10*(390,000*.95)) + (.0083006*.30*(390,000*.95)) + (.005643*.60*(390,000*.95))] i. PCA1 = [(.0588*.10*370;500)+ (.0083006*.30*370,500) + (.005643*.60*370,500)] ii. PCA1= [(2,178.54)+(922.61) +(1,254.44)] b. PCA2 = [(.0588*.10*(263,040/.95))+ (.0083006*.80*(263,040/.95)) + (.005643*.10*(263,040/.95))] i. PCA2 = [(.0588*.10*249,888) +(.0083006*.80*249,888)+ (.005643*.10*249,888)] , ii. PCA2 = [(1,469.34)+(1,659.38)+ (141.01)] 1, N \2 - ,)3.27±1 c. PCA3 = [(.0588*.30*(1,153,797/.95))+ (.0083006*.50*(1,153,797/.95))+ (.005643*-.20*(1,,1'5 3,797/.95))] i. PCA3 = [(.0588*.30*1,096,107.1) + (.0083006*.50*1,096,107.1) + (.005643*.20*1,096,107.1)] ii. PCA3 = [(19,335.33)+(4,549.17)+ (1,237.07)] s'< �Z = "27_1.122 d. PCA4 = [(.0588*.30*(60,000/.95))+(.0083006*.60*(60,000/.95))+ (.005643*.10*(60,000/.95))] i. PCA4=[(.0588*.30*57,000)+ (.0083006*.60*57,000)+(.005643*.10*57,00( ii. PCA4= [(1,005.48)+(283.88)+ (32.17)] b. Total Program Cost Grand Terrace=PCAI+PCA2+PCA3+PCA4 a. Total Program Cost Grand Terrace=$4,356+ $3,270+ $25,122 + $1,322 +t, I rfi,il i°1'1wra1}1 Cos( (,!-:dill I err'lee = Please see Item 2 under CRA for full report. COUNCIL AGENDA ITEM NO. J�� cA JFaRvi� AGENDA REPORT MEETING DATE: November 9, 2010 Council Item(X ) CRA Item ( ) TITLE: Continuing Appropriations PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: 1) Approve and appropriate continuing appropriations as detailed' by staff report in the amount of $294,665 in Street Project Fund 46). 2) Increase estimated revenue in Street Project Fund in the amount of $300,000 for Federal Stimulus reimbursement anticipated. 3) Approve and appropriate'continuing appropriation of purchase order as detailed by staff report in the amount of $693 in General Fund (10). �! 4) Direct staff to make any necessary adjustments to the continuing appropriations in FY 2010-11 due to possible changes in the.FY 2009-10 balances when the fiscal year is closed. BACKGROUND: Each fiscal year, the Council is requested to continue appropriations on projects and contracts in progress for which the completion is beyond the original fiscal year. Staff reviews purchase orders committed contracts and projects and prepares a continuing appropriation recommendation for the Council to amend the new fiscal year budget. DISCUSSION: Continuing appropriation items will increase the expenditure budget in the new fiscal year. The increase in expenditures will be funded by savings in. the previous fiscal year budget. Staff prepared the FY 2010-11 budget under the assumption that generally all budgeted lines items would be at least spent by June 301h of that year. Approving the continuing appropriations will cause no net change to fund balance reserve. COUNCIL AGENDA ITEM NO. H - 1 FISCAL IMPACT: Increase FY 2010-11 Budgeted Expenditures in Street Fund Project Fund (46) by $295,358 for project continuing appropriations, to be funded by in increase in estimated revenue reimbursements by $300,000. This is a carry forward of projects to FY 2010-11 Increase FY 2010-11 Budgeted Expenditures in General Fund (10) by $693 for continuing appropriation of purchase order. This amount will be funded by savings of a like amount from FY 2009-10. Respectfully submitted, Bernie Simon Finance Director Manager Approval: Betsy . Adams City Manager ATTACHMENTS: 2010-11 Continuing Appropriations Detail page L.'V dA 3 FY 2010-11 Continuing Appropriations—Projects/Purchase Orders DETAILS Projects FY 2009-10 Expended Encumbered Unspent FY 2010-11 Budgeted Continuing Approp 1 Public Alley Repav 9,175 495 - 0 8,680 8,680 Stimulus Prj#70009-01 46-900-301 2 Sidewalk Repairs 37,200 0 0 37,200 37,200 Stimulus Prj#70009-02 46-900-302 3 Barton/Preston Repav 201000 550 0 19,450 19,450 Stimulus Prj#70009-03 46-900-303 4 Barton Road Repav 47,100 4,290 0 42,810 42,810 Stimulus Prj#70009-04 46-900-304 4 , Michigan Ave. Repav 61,900 0 0 61,900 61,900 Phase1 Stimulus Prj#70009-05 46-900-305, Michigan Ave. Repav 124,625 0 0 124,625 124,625 5 Phase2 Stimulus Prj#70009-06 46-900-306 Subtotal Stimulus 300,000 5,335 0 294,665 294,665 Projects Continuing PO 693 0 0 693 693 Appropriations 300,693 5,335 0 295,358 295,358 Notes 1) Federal Stimulus projects in progress. Continuing AppMpriations purchase orders—contracts in Pro ress Purchase Orders PO# Balance 2009-11 6-30-10 Continuing Approp a Lowes 10-805-219 2412 693 693 Total Purchase Orders - 693 693 a) Tables Senior Center Please see Item 4 under CRA for full report. ram, COUNCIL AGENDA ITEM NO. �� Historical & Cultural Activities Committee Minutes for October 4, 2010 CITY OF 13RAND TERRACE 1-3ITY CUHAk'S DEPARTMENT The meeting was called to order at 7:15 p.m. by Chairperson Pauline Grant. Those present were Pauline Grant, Masako Gifford, Peggy Reagan, Shelly Rosenkild,Ann Petta,Frances Carter, Gloria Ybarra and City Clerk.Brenda Mesa. Secretary's Report: The minutes for September 13, 2010 were read. The committee would like to clarify that the banner mentioned in the minutes was the same banner and not a new banner: After clarification, the minutes were approved on a.motion by Frances, seconded by Ann. All in favor. Motion carried. . 1. Treasurer's,Report: The budget shows a balance of$ 1,200.00. The.Petry Cash balance is$ 52.54. Historical Report: Ann received photographs from active community member Kim Hathaway which feature Kim's parents, Stan and June Boyd, dated 1962. The photos also show the Cooley Ranch as it looked back in 1962. Frances submitted various newspaper clippings. ' The photos and newspaper clippings will be added to the historical collection. Ann stated that discussions are still underway with Sam Fisk of the Grand Terrace Boy Scouts Troop 40 regarding the glass case. ,J Old Business: 29 h annual-Country Fair, Saturday, November 6, 2010 Ann reported that there are currently 13 applications and more are expected. Additional children's applications,vendors with produce grown in gardens and plants are needed. Shelly will complete the poster original and when completed, will send to Brenda for printing. Masako and Gloria will then distribute the posters to the local businesses. Shelly added that the newspaper ads are in. The deadline for the participants has been extended to October 15. Shelly will check to make sure the Grand Terrace City News newspaper shows this updated information. Masako will purchase supplies as needed. Opportunity drawing prizes will be supplied by committee members. Suggestions: The committee suggested the following names for the food contest judges: (1) Womans Club President Debbie Earle (2) Lion's Club President Lois Cook (3) Chamber of Commerce President Sally Mc Guire (or chamber representative) (4) Past City Council Member Merman Hilkey (5) Debra llurst, prominent citizen ,h) (open ) COUNCIL.AGENDA ITEM NO. - 1 Master of Ceremonies: Grand Terrace Mayor Maryetta Ferre' Masako purchased the name tags for the vendors. Shelly will make an outside sign stating that vendors must check-in inside the building. Pauline will tend to the prize ribbons and Shelly will furnish the prize certificates. Masako, Peggy, Frances and Gloria will arrive at approximately 6:30 a.m. the morning of the Fair. The committee is awaiting information on the health issue. The meeting was adjourned at 8:15 p.m. The next meeting is scheduled for November 1, 2010. R/e��pp,ectfully Sub itted, Gloria Ybarraj Secretary . :y i•t!-'a 1 i �4 f.,,t N,,,�.YA ..9 t�,."S�le�i �„3 �4 ;FfR AGENDA REPORT MEETING DATE: November 9, 2010 Council Item( X ) CRA Item ( ) TITLE: Development Agreement 09-01 for the Grand Terrace Town Square Master Development Plan PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Conduct a public hearing and move to second reading, an Ordinance adopting Development Agreement 09-01. BACKGROUND: Before the City Council is a Development Agreement that is proposed by the Developer of the Grand Terrace Town Square Master Development Plan ("TSMDP`) for the,development of the TSMDP. The. parties to the Agreement are the City of Grand Terrace, Dennis D. Jacobsen Family Holdings, and Stater Bros. Markets. The TSMDP and related applications were approved by the City Council on July 27, 2010. On that same date the City Council certified the Environmental Impact Report. The staff reports stated that a Development Agreement would come before the City Council at a later date. On October 21, 2010, the Planning Commission conducted a public hearing on the item and voted to recommend City Council approval of the Development Agreement, with three members voting to approve, and•two voting "no". Modifications have since been made to the Agreement to address questions from the Commission and those items are discussed below. DISCUSSION: The applicant has submitted a Development .Agreement proposing to regulate the implementation of the TSMDP (Attachment 1),due to the time and financial investment that has been necessary to gain approval of the TSMDP, DU #l, and the project EIR. Development Agreements are governed by Sections 65864 through 65869.5 of the California Government Code. The intent of the State Law is to provide certainty and assurance to a developer that upon approval of- a project, they may proceed in accordance with existing policies, rules and regulations that are in place at the time of adoption of the Development Agreement. The Development Agreement will govern approximately 12.5 of the 21 acre TSMDP, which are the COUNCIL AGENDA ITEM NO. 6nH • 1 Page 2 of 5 properties that the Developer has legal and/or equitable interests in. Those parcels owned by the Redevelopment Agency and by other private property owners are not included in this Development Agreement. (Please refer to the map in Attachment 1.) The Development Agreement conforms to the requirements of the California Government Code; it includes provisions on the permitted uses of the property and development standards, such as density or intensity of uses, the maximum height and size of proposed buildings. Section 3.6 of the Agreement indicates that uses and standards that will be applicable to the project are those set forth in the TSMDP, Barton Road Specific Plan, and the Development Agreement. The applicant is proposing that the Development Agreement be valid for an initial term of eight years, with provisions for up to two time extensions, upon City Council approval, for a period of five years each (Section 3.10). During this timeframe, development within the planning area would be subject to the current provisions of the Municipal Code, BRSP, Zoning Code, General Plan and any other rules or regulations in place when the Agreement is adopted. Due to the unpredictable economic conditions, rather than require the construction of certain buildings that may remain vacant, the Agreement gives the Council absolute discretion in approving extensions based on performance. Some members of the Planning Commission expressed concern over the term and minimum performance requirements of the Agreement. As originally proposed in Section 3.10.2, the developer would have only been required to obtain construction permits for the grocery store anchor within the eight year timeframe to be considered for a time extension. The Agreement before the Council requires that the grocery store be completed before an extension would be considered (at a minimum). A stipulation was also added to Section 3.11.1 that the Developer must comply with Chapter 8.04 of the Municipal Code, relating to public nuisances. Section 8.04.020 prohibits an unreasonable state of partial construction or an unfinished building which has been under constriction for two years or more and causes an unsightly condition. Given the size of the TSMDP and that the Development Units will develop as tenants are secured, the initial term of the Agreement is reasonable. Without the Agreement in place, the Site and Architectural Review approvals, including a time extension allowed by the Zoning Code, would expire in 24 months unless constructed or under construction. Staff and the City Attorney have re-evaluated other criteria of the Agreement and have also modified Section 3.4, which holds certain Development Impact Fees at the current level for the first five years of the effective date of the Agreement as defined in Exhibits E-1 and E-2. Exhibit E-1 identifies the development impact fee amounts effective for the first five years of the Agreement, and Exhibit E-2 identifies a proposed credit of development impact fees, and the justification for each. Essentially, a 100% credit is proposed for storm drainage facilities, general facilities, parkland/open space acquisition and sewer connection facilities. The justification for the credit is that previous uses (residential, mobile home park and commercial) Page 3 of 5 created a greater demand on these services than the proposed commercial center, and in the case of storm water, would not generate any more storm water into the system than previous uses because storm water will be retained on-site. As explained to the Planning Commission, the credits described above and in Exhibit E-2 would only be applicable to building permits obtained during the first five years. The text of Section 3.4 has been modified to more clearly state that both freezing the fees at current levels and the credits would expire in five years. Changes were also made to Exhibits E-1 and E-2 to conform to Section 3.4. Staff and the City Attorney have also modified Section 3.13.1(c) Right to Assign. A requirement has been added that if the property is sold, transferred, or assigned the Developer must notify the City and allow 15 days to determine whether the purchaser has the finances, background and experience to perform the duties and obligations of the Agreement. Only then must the City must approve the sale, transfer or assignment. Changes to the Agreement, including those described above, are attached as Attachment 2. Environmental Review: Pursuant to the California Environmental Quality Act ("CEQA") an Environmental Impact Report (SCH #2008071017) was certified on July 27, 2010 for the Grand Terrace Town Square Master Development Plan, which included a Statement of Overriding Considerations. Pursuant to Section 15162 of CEQA, a subsequent EIR is not required for the Development Agreement because (1) no substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified shows (a) that the project will have one or more significant effects not discussed in the previous EIR, (b) that the significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, or (d) that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. Page 4 of 5 Summary: The land use approval extensions and the allowable fee credits are requested based on the significant private investment by the Developers. The City benefits from the new services provided by private investment, including those that would result from the new property tax and sales tax revenue. The start of new commercial construction will exhibit the City's interest in attracting and retaining businesses, which will encourage additional new business activity. FISCAL IMPACT: The construction of the Stater Bros. market alone is expected to create new property taxes in the amount of $105,000 per year, with $35,000 going to the General Fund and $70,000 to the Agency. Sales tax revenue is projected to increase by 22% over the current store's sales tax due to expanded products and services. As new structures are built and new uses established with build-out of the Development Units, revenues would continue to increase. Additionally, Traffic Signal Improvement and Arterial Improvement Development Impact Fees will be collected over the term of the Agreement resulting in revenue for traffic related projects in the amount of $681,898 for Development Unit 1 and $2,172,398 'with build-out of DU 1 through 4. Adoption of the Agreement would provide the Developer with a Development Impact Fee credit for Storm Drainage Facilities, General Facilities, Parkland/Open Space Acquisition, and Sewer Connection Fees. Based upon the proposed development impact fee credits, for Development Unit 1, approximately, $40,231.00 would not be paid into these special funds. If Development Units 1 through 4 were constructed during the first five years, approximately $128,282.00 would not go into these development impact fee categories for new projects. These amounts do not reflect the Sewer Connection Fee, which are partly based on fixture counts. Prepared by, Sandra Molina, Senior Planner Respectfully submitted, .-- Joyce Powers Community & Economic Development Director Page 5 of 5 Manager Approval: Betsy,M. Adams City Manager ATTACHMENTS: 1. Map of the affected parcels 2. Proposed changes to the Development Agreement I Ordinance with Exhibit 1: Development Agreement �J S Attachment 1 Map of Affected Parcels Exhibit "B" Property Subject to Development Agreement Michigan Street o + V d 0 ;/y � J N d � O N W = J � w -1167-231-09 1167-231 I -08 I i - i,� N Z1 w --------------------------------- J L �J 1167-231-15 -h 1167-231-03 Ca 1167-231-02 Not a Part o 1167-231-01 m Not a Part a 1167-311-01 Not a Part I 1167-311-02^ Not a Part s -- - rr1 W02=NEST',NIPBI`402.67481 I -�7- 7 Attachment 2 Proposed Changes to the Development Agreement based on the Planning Commission's Public Hearing of October 21, 2010 3.4 Vesting of General Assessments and Fees. DEVELOPER shall be required to only pay those Development Impact Fees contained in Exhibit "E-1" hereto and incorporated herein, and subiect to the credits set forth in Exhibit "E-2" hereto and incorporated herein during the first five (5) years of the term of this Agreement Thereafter DEVELOPER shall be required to pay all applicable Development Impact Fees Except as to Development Impact Fees, CITY shall not impose any additional Development Exactions except with the express written approval of the DEVELOPER. DEVELOPER shall be obligated to pay all other building permit and processing fees contained in Existing Land Use Regulations as such, may be from time to time amended.Emee t as expr-essly pefmitted by this Agrce�zr"'en , CITY Td any entity of Fees, development linkageassessments,eeial fnitibation b or-other fees , without lifnitatien, the Pr-qjeet or-any peFtiefi ther-eef-, or- impose a-ay such fees, taxes, assessments or-ehar-ges as ,. , rr rr such lewer rates as may be appliesable at the tifne, b the first five (5) years of the tefm of fees,entitled to eeFtain er-edits -abpaiffistl the foregoing funding, to the extent sueh amounts are fer-the 7 or-eenstfuetien of the Publie fefth rf rr hereto nincorporated herein. ...w-uaau - 3.5 Timely Processing. CITY shall timely process and grant all applications for Subsequent Development Approvals that DEVELOPER deems necessary or desirable for the efficient, orderly and economical development and use of the Project, provided all non- discretionary requirements of Applicable Law are satisfied. 3.6 Permitted Uses Vested by this Agreement. The permitted uses of the Property and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals, the TSMDP, the Subsequent Development Approvals, Existing Land Use Regulations, and this Agreement. 3.7 Protection of Vested Rights. To the maximum extent permitted by law, CITY shall take any and all actions necessary to ensure that DEVELOPER secures and benefits from the vested rights provided by this Agreement and prevent any CITY law, ordinance resolution, rule, regulation, standard, directive, condition, fee, dedication, exaction, approval, issuance, permit, zone change, amendment, land use change, or other measure (collectively referred to herein as "City Law") from invalidating or prevailing over, all or any part of this Agreement or Applicable Law. 3.8 No Conflicting Enactments. CITY shall not impose on the Project or otherwise approve any City Law that is in conflict with Applicable Law or this Agreement or that reduces the development rights provided by this Agreement. W02-WEST IMPBI�402;67481 1 -8- a 3.9.7 Review of Subsequent Development Approval Applications. CITY shall review and act on applications for Subsequent Development Approvals in accordance with CITY's then existing or new riles, regulations and policies. CITY may approve an application for a Subsequent Development Approval subject to any conditions necessary to bring the Subsequent Development Approval into compliance with then current law. Any such specified modifications must be consistent with then existing CITY rules, regulations and policies and this Agreement. 3.9.8 State and Federal Law. This Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws or regulations to preserve the immediate public health and safety ("Changes in the Law"). As provided in Section 65869.5 of the Government Code, in the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. 3.10 Term of Agreement. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of Eight(8) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Development Agreement may be extended subject to approval of the City Council for two terms of five(5) additional years, for land use approvals only, following expiration of the initial term, provided the following have occurred: 3.10.1 DEVELOPER provides at least one hundred eighty (180) days written notice to CITY prior to the expiration of the initial term; 3.10.2 DEVELOPER shall have completedebtaine construction and been issued a certificate of occupancypefmits for the grocery store anchor for Development Unit 1 of the commercial development contemplated by the Project; and 3.10.3 DEVELOPER is not then in uncured default of this Agreement. vestingThe hereof and Exhibit "E" b,ereate shall Fun independeiitly of the term of'this Arfeefne� 3.11 Timing of Project Construction and Completion. 3.11.1 No requirement. Subject to the requirements of Grand Terrace Municipal Code Chapter 8.04, DEVELOPER is not required to initiate or complete development of the Project or any particular phase (or Development Unit) of the Project within any particular period of time, and CITY shall not impose such a requirement on any Project Approval or Subsequent Development Approval. Notwithstanding any terms stated above, provided that once constriction of a phase (or Development Unit) of the Project has begun, DEVELOPER shall complete any public infrastructure related to that phase. W01-WEST.3NIPB1\402367481 1 -l o- it 3.11.2 Timing. Except as set forth in Subsection 3.11.1 above, DEVELOPER may develop in accordance with its own time schedule and DEVELOPER shall determine which part of the Property to develop first, all within the exercise of its subjective business judgment. Subsequently adopted ordinances; resolutions, and initiatives purporting to relate to, restrict or control the timing of the Project shall not apply to the Project and shall not prevail over this Agreement 3.12 Subdivision and Other Agreements. Nothing in this Agreement shall exempt DEVELOPER from completing work required by a subdivision agreement or similar agreement in accordance with the terms thereof. CITY shall not require more work by DEVELOPER than is required by this Agreement or the Project Approvals. 3.13 Assignment. 3.13.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign the Property in whole or in part, to any person, partnership,joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following condition precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Fifteen (15)business days prior to any such sale, transfer or assignment, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement. (c) To the extent the sale, transfer or assignment complies with the conditions set forth in (a) and (b) hereinabove, and that the purchaser, transferee or assignee have the financial wherewithal background and experience to perforni the duties and obligations required by this Agreement as reasonably determined by the CITY the CITY shall approve the sale, transfer or assignment in writing, which approval shall not unreasonably be withheld, conditioned or delayed. The sale, transfer or assignment of this Agreement shall be deemed approved by City if not confirmed in writing within 30 days following City's receipt of notice pursuant to subsection (b). Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 3.13.1, the burdens of this Agreement shall be binding upon W02-NEST 3NAP131,40230741 I -11- 1 1 Exhibit "E-1" Development Impact Fees The C-4 !- 1 finds that the f;A ng f ar-e r-easefiabl.' elated to the e „t ;f^ , ,i4i uses/eapaeity are as set f;at4h in Exhibit "R—Z Storm Drainage Facilities $.3534S6/sf of commercial space General Facilities $.20844-7/sf of commercial space Public Use Facilities $0.000 (no fee for commercial uses) Parkland/Open Space Acquisition $.051/sf Sewer Connection Fees $3000/connection+ $60 for every drainage fixture unit (DFU) in excess of 17 each Ater-ia and TrnffieSignal Fee The City L, deteEmined that the A er-ial andTr- ffie C:,.na (t,-.,.,n....A t:e., related) it 1 t 7 et F� n fee eatege-, �1; able to the P, et f 11� .�..,t,...�... ....t:.�.__ Fees »_.._ _-- -----o----- err------- -- ---- - -��-- ---- --- ----- ��-- Arterial Fees $9524.14 per 1,000 sf of gross leasable area Traffic Signal Fees $ 840 per 1,000 sf of gross leasable area The above-referenced Development Impact, Arterial and Traffic Signal Fees shallmay be reviewed by the City Council commencing in the sixth (6lh) year following the Effective Date of this Agreement, and may be increased in the manner provided in Government Code Section 66000 et. seq. (but not Fner-e than) these in effeet City Wide th-e. i of this previsien is to allew the ggadual inereas@ of Development 1papaet Fees app4eable to the faetaF then applied by the City to eaeh eateger-5, ef fees until suelq tifne -;4-,; the, ffees Me th@ safne 35 CV02-WES'f.',MPB1`4031b7481 t -� - Exhibit "E-2" Credits"eimbur-semen DEVELOPER shall be entitled to credit against those Development Impact Fees required to be paid in Exhibit "E-1" as a consequence torn _e-da ne.e with the findings feet .,,l,-.legy of the Revenue &CestSpeeialists, Study preparedi1i 2n05 a 2006 the City G „ne l finds and detefr inesthat . dit should b e t folio + b b of impr-evepaents/ser-viees for-whieh Development h:npaet Fees are eelleeted by the City to r-eeegnize the contribution made by preexisting development on the Property, or where it has been demonstrated that the Project will not ree uirecentrib to a + €ef additional capacity or infrastructure, as indicated below: Storm Drainage Facilities 100% credits General Facilities 100% credit Public Use Facilities $0.000 (no fee for commercial uses) Parkland/Open Space Acquisition 100% credit Sewer Connection Fees 100% credit The credits set forth above shall apply to the Project through buildout of DU 4, in accordance with Section 3.4. s Justification: Drainage is retained on site, and previous uses contributed their fair share to the existing system, which was overbuilt at the time of the RCS Study. Project contribution in this category is satisfied through buildout of DU 4. Justification: Pre-existing, high density (mobilehome park, residential and commercial uses) contributed their fair share of general facilities; Project use is less intense then prior uses on Property. Project contribution in this category is satisfied through buildout of DU 4. 3 Justification: Pre-existing, high density(mobilehome park, residential and commercial uses) contributed their fair share of parkland/open space; Project use is less intense than prior uses on Property. Project contribution in this category is satisfied through buildout of DU 4. a The Project should be credited for capacity purchased in the system by previous residential and commercial uses on the Property, in accordance with Section 4.68.040 of the Municipal Code. The Project has been found to have excess reserved capacity in the City's current wastewater treatment facilities through buildout of DU 4. W02-WEST 3MPF3(`402367381 1 -36- 1? Attachment 3 Ordinance with Exhibit 1: Development Agreement 1 ORDINANCE 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ADOPTING DEVELOPMENT AGREEMENT 09-01 APPLICABLE TO APPROXIMATELY 12.5 ACRES OF THE GRAND TERRACE TOWN SQUARE MASTER DEVELOPMENT PLAN WHEREAS, the Applicant, Mr. Douglas Jacobsen ("Applicant"), has requested that the i City enter into a Development Agreement for implementation of the Grand Terrace Town Square Master Development Plan ("TSMDP"), in accordance with Sections 65864 through 65869.5 of the California Government Code. WHEREAS, the Applicant has legal and/or equitable interest in approximately 12.5 acres of the TSMDP located south of Barton Road between Michigan Street and the Gage Canal. WHEREAS, the TSMDP proposes commercial development on properties totaling approximately 20.83 gross acres, with approximately 210,000 square feet of commercial uses to be constructed in five (5) phases or "Development Units". On July 27, 2010, by Resolution No. 2010-28, the City Council adopted Site and Architectural Review 07-12/Town Square Master Development Plan; the Master Development Sign Program 09-01; the Sign Program for Development Unit l; Site and Architectural Review 07-07; and their related conditions of approval. WHEREAS, on July 27, 2010, pursuant to CEQA, the City Council, by Resolution No. 2010-27, certified the Final Environmental Impact Report ("FEIR") for the TSMDP, made the findings required by Public Resources Code Section 21081; adopted a Mitigation Monitoring Program; and adopted a Statement of Overriding Considerations for the TSMDP. WHEREAS, on October 21, 2010, the Planning Commission conducted a public hearing on Development Agreement 09-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313, and concluded said hearing by voting 3-2 recommending that the City Council adopt Development Agreement 09-01. WHEREAS, on November 9, 2010, the City Council of the City of Grand Terrace conducted a duly noticed public hearing on Development Agreement 09-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313, and concluded the hearing on that date. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. Page 2 of 4 NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance, are true and correct. SECTION 2. The City Council hereby funds that pursuant to Section 15162 of CEQA, a subsequent EIR is not required for the Development Agreement because (1) no substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified shows (a) that the project will have one or more significant effects not discussed in the previous EIR, (b) that the significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, or (d) that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. SECTION 3. Based on substantial evidence presented to the City Council during the October 21, 2010 public hearing, including public testimony, and written and oral staff reports, the City Council finds as follows with regard to Development Agreement 09-01: a. The project site is designated as General Commercial (GC) in the City of Grand Terrace General Plan Land Use Map and BRSP-General Commercial in the Barton Road Specific Plan. In approving the TSMDP and related applications the City Council found that the Project is consistent with the provisions of the Grand Terrace General Plan, Zoning Code and Barton Road Specific Plan. The adoption of the proposed Development Agreement is also consistent with these provisions because the Development Agreement is intended to assist in the implementation of the TSMDP, a neighborhood commercial center consistent within the General Commercial Land Use designation, and the BRSP-General Commercial zoning designation b. The proposed Development Agreement complies with the requirements of California Government Code Article 2.5, Development Agreements, Sections 65864 through 65869.5, including that the property owners are the appropriate authority to enter into a Development Agreement, annual monitoring is required Page 3 of 4 by the agreement to demonstrate good faith compliance and progress, the contents of the agreement include the density, maximum building height, building size, and provisions for the reservation and dedication of land for public purposes and provisions to comply with the development standards in effect at the time, and the agreement contains provisions for enforcement, amendment, recordation, and suspension. Public hearings will be held on the Development Agreement prior to its adoption and findings of consistency can be made to approve the agreement. C. The proposed Development Agreement will not be physically detrimental to or cause adverse physical effects to adjacent property owners, residents, or the general public because the Agreement provides for improvement of the property in accordance with the adopted TSMDP and the certified EIR prepared for the TSMDP. SECTION 4. The City Council of the City of Grand Terrace hereby adopts Development Agreement 09-01, attached hereto as Exhibit 1. SECTION 5. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. SECTION 5. This Ordinance shall take effect thirty days from the date of adoption. SECTION 6. The City Clerk shall record Development Agreement 09-01 within ten days of the adoption of this Ordinance. SECTION 7. First read at a regular meeting of the City Council held on the 91h day of November, 2010 and finally adopted and ordered posted at a regular meeting of' said City Council on the 141h day of December, 2010. 17 Page 4 of4 ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of the City Council thereof. and of the City Council thereof. I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 141h day of December, 2010, by the following vote: r- AYES: NOES: ABSENT: ABSTAIN: Brenda Mesa, City Clerk Approved as to form: John Harper, City Attorney 1 Exhibit I Recorded at request of: ) Clerk, City Council ) City of Grand Terrace ) When recorded return to: ) City of Grand Terrace ) 22795 Barton Road ) Grand Terrace, CA 92313-5295 ) Attention: City Clerk ) Exempt from Filing Fees, Government Code Section 6103 DEVELOPMENT AGREEMENT A DEVELOPMENT AGREEMENT BETWEEN CITY OF GRAND TERRACE, A CALIFORNIA MUNICIPAL CORPORATION, and DENNIS D. JACOBSEN FAMILY HOLDINGS, A CALIFORNIA LIMITED LIABILITY COMPANY OR ASSIGNEE and STATER BROS. MARKETS, A CALIFORNIA CORPORATION OR ASSIGNEE [Adopted by Ordinance No. , Effective , 20101 1A DEVELOPMENT AGREEMENT This Development Agreement ("Agreement') is entered into on the effective date of the adopting ordinance ("Effective Date") by and between the City of Grand Terrace, a California Municipal Corporation("CITY"), and Dennis D. Jacobsen Family Holdings, a California Limited Liability Company or Assignee and Stater Bros. Markets, a California Corporation, or Assignee (collectively"DEVELOPER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, DEVELOPER owns a legal and/or equitable interest in approximately 12.5 acres of land located south of Barton Road between Michigan Street and the Gage Canal, as described in the legal descriptions attached hereto as Exhibit "A" (the "Property"); and WHEREAS, pursuant to the CITY's General Plan and the Barton Road Specific Plan, DEVELOPER desires to develop on the Property a commercial center of approximately 210,000 square feet of building area, known as the Grand Terrace Town Square (the "Project"), as further described in the Grand Terrace Town Square Master Development Plan (the "TSMDP") and related Project Approvals and Development Approvals described herein; and WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone review by CITY, its Planning Commission and the City Council and have been found to be fair,just and reasonable; and WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, in connection with its approval of the Project entitlements, CITY has taken several actions collectively referred to as the "Project Approvals," which include, without limitation, the following: 1. Final Environmental Impact Report. On July 27, 2010, pursuant to CEQA, the City Council, by Resolution No. 2010-27, certified the Final Environmental Impact Report for the Project (the "FEIR"), made the findings required by Public Resources Code Section 21081, %V0 2-WEST.3MPBI`4033674 I I -7- �r adopted a Mitigation Monitoring Program for the Project; and adopted a Statement of Overriding Considerations. 2. Grand Terrace Town Square Master Development Plan. The TSMDP proposes commercial development on properties totaling approximately 20.83 acres,with approximately 210,000 square feet of commercial uses to be constructed within the Project area in five (5) phases or "Development Units". On July 27, 2010, by Resolution No. 2010-28, the City Council adopted the Site and Architectural Review 07-12/Town Square Master Development Plan; the Master Development Sign Program 09-01; the Sign Program for Development Unit 1; Site and Architectural Review 07-07; and their related conditions of approval. Entitlements for subsequent Development Units (2 through 4); to the extent they are consistent with the TSMDP, will be approved subject to the CITY's Site Plan and Architectural Review Process, and Conditional Use Permit process where specified by the TSMDP. 3. Tentative Parcel Map No. 17787 (08-01). On July 27, 2010, by Resolution No. 2010-30, the City Council approved the Tentative Parcel Map for Phases 1 and 2 of the Project (Development Units 1 and 2 of the TSMDP), and related conditions of approval. WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and the Barton Road Specific Plan(BRSP-03091 and E-03-08); and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seg of the Government Code are intended; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. ` 02-WEST._MPBI�402367481 I -3- COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2"CITY" means the City of Grand Terrace, a municipal corporation, organized and existing pursuant to the laws of the State of California. 1.1.3"DEVELOPER"means the persons and entities listed as DEVELOPER on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.4"Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of required infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.5"Development Agreement Policies" means any and all applicable development agreement policies of the CITY in effect at the time of this Agreement. 1.1.6"Development Approvals" means all permits and other entitlements for use subject to approval or issuance by the CITY in connection with the Project Approvals and development of the Property consistent with the MDP and this Agreement. 1.1.7"Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.8"Development Impact Fee" a monetary exaction other than a tax or special assessment that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, including capacity or connection fees adopted and W02—WES T._MPB I`40-1;c,74S 1 1 —4— 7'� collected by utility service providers, but does not include fees for processing applications for governmental regulatory actions or approvals, or fees collected tinder development agreements adopted pursuant to Article 2.5 of the Government Code of Chapter 4. 1.1.9 Effective Date" means the date the ordinance approving this Agreement becomes effective. 1.1.10 "Existing Development Approvals" means all Development �r Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Project Approvals incorporated herein as Exhibit "C" and all other approvals which are a matter of public record on the Effective Date. 1.1.11 "Existing Land Use Regulations" means all Land Use Regulations in effect and applicable to the Project on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit"D" and all other Regulations which are a matter of public record and applicable to the Project on the Effective Date. 1.1.12 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.13 "Master Development Plan (TSMDP)" means the Grand Terrace Town Square Master Development Plan, including, without limitation, those Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.14 "Mortgagee" means a mortgagee of a mortgage, a beneficiary tinder a deed of trust or any other security-device lender, and their successors and assigns. 1 1.15 "Project" means the development of the Property contemplated by the TSMDP and the Project Approvals. 1VO3-W EST.3\IPB I�.1u336"481 l -5- 1.1.16 "Property"means the real property described on Exhibit"A" and shown on Exhibit"B" to this Agreement. 1.1.17 "Reservations of Authority"means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under Subsection 4.7 of this Agreement. 1.1.18 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property, including, particularly, Site and Architectural Review approvals required for development of Phases 2 through 4 (Development Units 2 through 4) of the TSMDP. 1.1.19 "Subsequent Land Use Regulations"means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.1.20 "Vesting Date" means the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit"A"—Legal Description of the Property. Exhibit"B"—Project Site Plan. Exhibit"C" —Existing Development Approvals Exhibit "D"—Existing Codes and Land Use Regulations Exhibit"E"—Development Impact Fees ("E-1") and Credits/Reimbursement ("E-2"). Exhibit "F" —Development Incentive Bonus 2. MUTUAL BENEFITS. This Agreement is entered into for the purpose of implementing the TSMDP for the Project in a manner that will secure certain assurances to the DEVELOPER that the Property may be developed in accordance with the TSMDP, the Project Approvals, and this Agreement, and certain benefits to the CITY as set forth in this Agreement. The CITY and the DEVELOPER agree that, due to the current economic conditions, the size and duration of the Project, this Agreement is necessary to achieve those desired benefits. The following non- exclusive list of public benefits and objectives has been met for the Project: (a) The DEVELOPER has successfully acquired and consolidated properties to largely eliminate conflicting residential land uses including a trailer park, and the TSMDP w0e-wtsT,NIre1\4023,6 481 1 -6- provides for the orderly development of a major commercial center, commencing with the construction of a major grocery store anchor; (b) The TSMDP accomplishes the goals and objectives of the Barton Road Specific Plan providing a comprehensive land use plan to assist the City in achieving the full economic potential of the Barton Road commercial corridor, by consolidating a number of narrow parcels within a single master planned commercial center with uniform architectural plans and signage; 1 (c) The TSMDP provides a programmatic land use plan with an attractive urban design theme, which establishes a "village character" with architectural design which will upgrade the physical image of the Barton Road commercial corridor; (d) The TSMDP provides an integrated commercial center with public amenities, shared access and reciprocal parking; and (e) With its unified on-site and off-site master sign program, the TSMDP will result in recaptured retail sales leakage to surrounding communities, including both local and community level goods and services. 3. GENERAL PROVISIONS. 3.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 3.2 Ownership of Property. DEVELOPER represents and covenants that it is the legal and/or equitable owner of the fee simple title to the Property or a portion thereof. 3.3 Applicable Law. Except as otherwise specifically provided in this Agreement, the rules, regulations, ordinances, resolutions, official policies, standards and specifications of CITY, in force and effect on the Vesting Date (the "Applicable Law") shall be applied to the Project. 3.4 Vesting of General Assessments and Fees. DEVELOPER shall be required to only pay those Development Impact Fees contained in Exhibit"E-1" hereto and incorporated herein, and subject to the credits set forth in Exhibit"E-2", hereto and incorporated herein, during the first five (5) years of the term of this Agreement. Thereafter, DEVELOPER shall be required to pay all applicable Development Impact Fees. Except as to Development Impact Fees, CITY shall not impose any additional Development Exactions, except with the express written approval of the DEVELOPER. DEVELOPER shall be obligated to pay all other building permit and processing fees contained in Existing Land Use Regulations, as such, may be from time to time amended. W)2-WEST.3MPR1 402 67481 1 -7- 7� 3.5 Timely Processing. CITY shall timely process and grant all applications for Subsequent Development Approvals that DEVELOPER deems necessary or desirable for the efficient, orderly and economical development and use of the Project, provided all non- discretionary requirements of Applicable Law are satisfied. 3.6 Permitted Uses Vested by this Agreement. The permitted uses of the Property and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals, the TSMDP, the Subsequent Development Approvals, Existing Land Use Regulations, and this Agreement. 3.7 Protection of Vested Rights. To the maximum extent permitted by law, CITY shall take any and all actions necessary to ensure that DEVELOPER secures and benefits from the vested rights provided by this Agreement and prevent any CITY law, ordinance resolution, rule, regulation, standard, directive, condition, fee, dedication, exaction, approval, issuance, permit, zone change, amendment, land use change, or other measure (collectively referred to herein as "City Law") from invalidating or prevailing over, all or any part of this Agreement or Applicable Law. 3.8 No Conflicting Enactments. CITY shall not impose on the Project or otherwise approve any City Law that is in conflict with Applicable Law or this Agreement or that reduces the development rights provided by this Agreement. 3.8.1 Deemed Conflicts. Without limiting the generality of the foregoing, any City Law or approval shall be deemed to conflict with Applicable Law if it conflicts with or reduces or delays the development rights and covenants provided by this Agreement. 3.9 Initiatives, Referenda and Moratoria. 3.9.1 Conflicting_Laws. If any City Law is enacted or imposed by initiative or referendum by the City Council, the electorate that would conflict with Applicable Law or this Agreement, or reduce the development rights provided by this Agreement, such City Law shall not apply to the Project. 3.9.2No Growth Moratoria or Restrictions. Without limiting the foregoing, and in particular the provisions of this Article 2, no moratorium, growth management restriction, or sequencing of development affecting the subdivision maps, building permits or other entitlements that are approved or to be approved, issued or granted by CITY, shall apply to the Project. 3.9.3 Cooperation. To the maximum extent permitted by law, CITY shall cooperate with DEVELOPER and shall undertake such actions as may be necessary to ensure this Agreement remains in frill force and effect. W03-WEST 3N1PB1'-4U_'367-481 I -g' 3.9.4 No Actions to Violate. CITY shall not support, adopt or enact any City Law, or take any other action, which would violate the provisions of this Agreement or the Project Approvals. 3.9.5 Further CEOA Review and Environmental Mitigation. The FEIR for the Project was prepared following the completion of numerous studies. The FEIR is intended to be used in connection with each of the Project Approvals and Subsequent Development Approvals needed for the Project. Consistent with the CEQA policies and requirements applicable to the FEIR and to the maximum extent allowed by law, CITY shall use the FEIR for Subsequent Development Approvals consistent with this Agreement and the Project Approvals and shall not impose on any Subsequent Development Approvals or on the Project any mitigation measures, other than those specifically imposed as conditions of the Project Approvals and those identified in the FEIR. 3.9.6 Life of Subdivision Maps, Development Approvals and Permits. The term of each Project Approval and Subsequent Development Approval shall automatically be extended for the longer of the term of this Agreement or the term otherwise applicable to such Approval if this Agreement were no longer in effect. Further, in accordance with the provisions of Government Code Section 66452.6, tentative subdivision maps or tentative parcel maps heretofore or hereafter approved in connection with development of the Property shall be granted an extension of time for the term of this Agreement, including extensions, to the maximum permitted by law without further review or approval required from the CITY. 3.9.7 Review of Subsequent Development Approval Applications. CITY shall review and act on applications for Subsequent Development Approvals in accordance with CITY's then existing or new riles, regulations and policies. CITY may approve an application for a Subsequent Development Approval subject to any conditions necessary to bring the Subsequent Development Approval into compliance with then current law. Any such specified modifications must be consistent with then existing CITY riles, regulations and policies and this Agreement. 3.9.8 State and Federal Law. This Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in State or Federal laws'or regulations to preserve the immediate public health and safety("Changes in the Law"). As provided in Section 65869.5 of the Government Code, in the event Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with Changes in the Law. 3 10 Term of Agreement. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of Eight (8) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Development Agreement may be extended subject to approval of the -9- 1-7 City Council for two terms of five (5) additional years, for land use approvals only, following expiration of the initial term, provided the following have occurred: 3.10.1 DEVELOPER provides at least one hundred eighty (180) days written notice to CITY prior to the expiration of the initial term; 3.10.2 DEVELOPER shall have completed construction and been issued a certificate of occupancy for the grocery store anchor for Development Unit 1 of the commercial development contemplated by the Project; and 3.10.3 DEVELOPER is not then in uncured default of this Agreement. 3.11 Timing of Project Construction and Completion. 3.11.1 No requirement. Subject to the requirements of Grand Terrace Municipal Code Chapter 8.04, DEVELOPER is not required to initiate or complete development of the Project or any particular phase (or Development Unit) of the Project within any particular period of time, and CITY shall not impose such a requirement on any Project Approval or Subsequent Development Approval. Notwithstanding any terms stated above, provided that once construction of a phase (or Development Unit) of the Project has begun, DEVELOPER shall complete any public infrastructure related to that phase. 3.11.2 Timing. Except as set forth in Subsection 3.11.1 above, DEVELOPER may develop in accordance with its own time schedule and DEVELOPER shall determine which part of the Property to develop first, all within the exercise of its subjective business judgment. Subsequently adopted ordinances, resolutions, and initiatives purporting to relate to, restrict or control the timing of the Project shall not apply to the Project and shall not prevail over this Agreement 3.12 Subdivision and Other Agreements. Nothing in this Agreement shall exempt DEVELOPER from completing work required by a subdivision agreement or similar agreement in accordance with the terms thereof. CITY shall not require more work by DEVELOPER than is required by this Agreement or the Project Approvals. 3.13 Assignment. 3.13.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign the Property in whole or in part, to any person, partnership,joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following condition precedent: W0 2-WEST 3NIPB `-40-2 67-481 I -10- (a) No sale, transfer or assignment of any right or interest tinder this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Fifteen (15)business days prior to any such sale, transfer or assignment, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement. (c) To the extent the sale, transfer or assignment complies with the conditions set forth in (a) and (b) hereinabove, and that the purchaser, transferee or assignee have the financial wherewithal, background and experience to perform the duties and obligations required by this Agreement as reasonably determined by the CITY, the CITY shall approve the sale, transfer or assignment in writing, which approval shall not unreasonably be withheld, conditioned or delayed. The sale, transfer or assignment of this Agreement shall be deemed approved by City if not confirmed in writing within 30 days following City's receipt of notice pursuant to subsection (b). Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 3.13.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 3.13.2 Release of Transferring DEVELOPER. Upon any sale, transfer or assignment made pursuant to this Agreement, a transferring DEVELOPER shall no longer be obligated under this Agreement upon the full satisfaction by such transferring DEVELOPER of the following conditions: (a) DEVELOPER no longer has a legal or equitable interest in all or any part of the Property. (b) DEVELOPER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 3.13.1 above. (c) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder. 3.13.3 Subsequent Assignment. Any subsequent sale, transfer or assignment following an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. W03-WEsr 3MPBI -402=07481 1 -t 1- 7Q 3.13.4 Partial Release of Purchaser, Transferee or Assignee of Commercial Parcel. A purchaser, transferee or assignee of a parcel, which has been finally subdivided and for which a commercial plot plan for development of the parcel has been finally approved pursuant to the TSMDP, may submit a request, in writing, to CITY to release said parcel from the obligations under this Agreement relating to all other portions of the Property. Within thirty(30) days of such request, CITY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 3.13.4 shall cause, or - otherwise affect, a release of DEVELOPER from its duties and obligations tinder this Agreement, unless DEVELOPER has satisfied the requirements of Subsection 3.13.2 of this Section. 3.13.5 Termination of Agreement With Respect to Individual Parcels Upon Sale to Public and Completion of Construction. The provisions of Subsection 3.13.1 shall not apply to the sale or lease (for a period longer than one year) of any parcel which has been finally subdivided and is individually(and not in"bulk") sold or leased. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any parcel and such parcel shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The parcel has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year); and, (b) A Certificate of Occupancy has been issued for a building on the parcel, and the fees set forth under Section 4 of this Agreement have been paid. 3.14 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties. This provision shall not limit any remedy of CITY or DEVELOPER as provided by this Agreement. 3.15 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Subsection 3.11. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. W02-WEST.311NB11402367491 1 -12- �o (e) Termination of this Agreement based on any default of DEVELOPER and following the termination proceedings required pursuant to any development agreement policies and procedures adopted by the CITY and in force and effect on the Effective Date. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4 of this Agreement by DEVELOPER to CITY for commercial development on which construction has not yet begun shall be refunded to DEVELOPER by CITY. 3.16 Notices. 3.16.1 As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.16.2 All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or(ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or(iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: John R. Harper, City Attorney City of Grand Terrace Harper & Burns 22795 Barton Road 453 Glassell Street Grand Terrace, CA 92313-5295 Orange, CA 92666 Attn: City Manager Telephone: (714) 771-7728 Telephone: (909) 430-2226 Facsimile: (714) 744-3350 Facsimile: (909) 783-2600 Copy to: Joyce Powers, Community and Economic Development Director W02-1VE5'f.31MPBI'•-?•I)2_67-1ti1 I '21 If to DEVELOPER: Sean Varner, Esq. Stater Bros. Markets Varner & Brandt, LLP 301 South Tippecanoe Ave. 3750 University Avenue, Suite 610 San Bernardino, CA 92408 Riverside, CA 92501-3323 Telephone: (909) 733-5002 Telephone: (951) 274-7777 Facsimile: (909) 733-4002 Facsimile: (951) 274-7770 Attn: Mike Slaton Copy to: Jacobsen Family Holdings, LLC 21800 Burbank Blvd., Suite 330 Woodland Hills, CA 91367 Telephone: (818) 251-9911 Facsimile: (818) 251-9912 Attn: Douglas Jacobsen 3.16.3 Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 4. PROJECT DEVELOPMENT. 4.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and to the extent of, the TSMDP. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the TSMDP. 4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the TSMDP pursuant to the CITY's Site and Architectural Review process and Conditional Use Permit process where specified by the TSMDP, and as provided by this Agreement including, but not limited to, the Reservations of Authority. 43 Master Development Plan. It is the intent of the parties that DEVELOPER shall commence development of the Project on or after the Effective Date in '.V02-WES'F._N9PB1,4O2 67481 1 -14- accordance with the Project Approvals. The Project shall be developed and completed in conformance with the Project Approvals and any and all other plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and between DEVELOPER and CITY. CITY agrees to approve preliminary and construction plans and preliminary and landscaping plans, if consistent with the Project Approvals, subject only to CITY's Site and Architectural Review process or Conditional Use Permit process where specified by the TSMDP. 4.3.1 DEVELOPER to Obtain all Project Approvals. For each phase of the Project subsequent to Development Unit 1, DEVELOPER shall prepare and submit complete development applications and any other required application, document, fee, charge or other item (including, without limitation, deposit, fund or surety)required for construction or installation of the Project, pursuant to all Applicable Laws and Project Approvals. 4.3.2 Project Chan es. If any revisions to the Project are required by a governmental body, DEVELOPER shall promptly make any such revisions that are (i) generally consistent with the scope of development, (ii) would not result in any material additional improvements not identified in the approved TSMDP, Project Approvals and Subsequent Development Approvals; and (iii) would not impose any material financial burden on the Project, without DEVELOPER's written consent thereto. 4.3.3 Conditions of Approval. Notwithstanding any provision to the contrary in this Agreement, DEVELOPER agrees to accept and comply fully with any and all reasonable conditions of approval applicable to any approvals, permits or other governmental actions regarding the construction or installation of the Project that are both: (i) consistent with this Agreement and (ii) would not result in any material additional improvements not identified in the approved TSMDP, Project Approvals and Subsequent Development Approvals. 4.3.4Payment of Costs and Fees. DEVELOPER and CITY agree that CITY has not provided and shall not provide any financial assistance or incentive to DEVELOPER in connection with the construction or installation of the Project. 4.4 DEVELOPER Changes to Project Plans and Specifications During Course of Construction. DEVELOPER shall have the right, during the course of construction of the Project, to make "minor field changes," with CITY approval, if such changes do not affect the type of use to be conducted within all or any portion of a stricture. "Minor field changes" shall be defined as those changes from the approved construction drawings, plans and specifications included in the Project Site Plan and Project Approvals that have no reasonable effect on the Project and are made in order to expedite the work of construction in response to field conditions. Nothing contained in this Subsection 4.4 shall be deemed to constitute a waiver of or change in any approvals governing any such minor field changes or in any approvals by any government body otherwise required for any such minor field changes. However, in no case, may field changes be made to any aspect of the Project Site Plan and \Vol-\VFSf z\•IF'B1 40-1-.67481 1 -15- Project Approvals for which Incentive Bonus Points, as identified in Exhibit "F", were In 4.5 Timing of Development. The parties acknowledge that DEVELOPER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. The DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the TSMDP which are required in order to provide for the orderly development of the Property. 4.6 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Project Approvals, subject to the following: 4.6.1 Minor Changes and Adjustments. If and when the parties find that minor changes or adjustments are necessary or appropriate to the Project or the TSMDP, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the City Manager, which, after execution, shall be attached hereto addenda and become a part hereof, and may be further changed and amended from time to time as necessary, with approval by the City Manager as may be requested by DEVELOPER. Minor changes or adjustments shall be those which are consistent with the overall intent of the TSMDP and this Agreement and which do not materially alter the overall land uses, nature, scope, intensity of development, or design of the Project. 4.6.2 Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Project Approvals shall be deemed"minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Significantly increase the density or intensity of use of the Property as a whole; or, (c) Significantly increase the maximum height and size of permitted buildings; or, delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (d) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. W02-WE�-I'.?\1 PB I`,403367-I4 l 1 -t 6- 2/ (e) Impact the design quality which was a basis for Incentive Bonus Points described in Exhibit "F" as determined by the City Manager. 4.7 Reservations of Authority. 4.7.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, except as specifically set forth in the Barton Road Specific Plan and this Agreement, and applicable to the Project on the Effective Date. (c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. ! (d) Regulations which may be in conflict with the TSMDP but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER with the rights and assurances provided under this Agreement. (e) Regulations which are not in conflict with the TSMDP, the Project Approvals or Subsequent Project Approvals. Any regulation whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the TSMDP and shall therefore not be applicable to the development of the Property. (f) Regulations which are in conflict with the TSMDP provided DEVELOPER has given written consent, in its sole and absolute discretion, to the application of such regulations to development of the Property. 4.7.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the TSMDP, the Project Approvals or this Agreement, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the TSMDP, this Agreement or the Project Approvals. wn2-%VEST.3MPB 1 4O2367481 1 -17- ?C 4.7.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 4.7.4Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary,,to reserve to CITY all such power and authority which cannot be restricted by contract. 4.8 Public Works. If DEVELOPER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. 4.9 Life of Subdivision Maps, Development Approvals and Permits. The term of each Project Approval and Subsequent Approval, including without limitation, subdivision maps, shall automatically be extended for the longer of the term of this Agreement (including any extensions) or the term otherwise applicable to such Approval if this Agreement were no longer in effect. The term of this Agreement shall be extended by a time period equal to the sum of any periods of time during which a development moratorium, as defined in section 66452.6(f) of the Subdivision Map Act, is in effect. 4.10 Vestiniz Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in the TSMDP and this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision, including a provision of law or ordinance concerning vesting maps. 4.11 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. DEVELOPER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties. wn2-WEST.3N1PB 1',4021b7481 1 -1 8- nt-, 4.12 Development Impact Fees. 4.12.1 Amount and Components of Fee. The Development Impact Fees applicable to the Project shall be those fees set forth in Exhibit "E-1" hereto, subject to the credits/reimbursement set forth in Exhibit "E-2" hereto. 4.12.2 Time of Payment. The fees required to be paid by DEVELOPER pursuant to this Agreement shall be paid to CITY prior to the issuance of the applicable building permit for each commercial unit. 4.13 Credit. 4.13.1 The CITY acknowledges that the DEVELOPER may be required to pay certain fees, assessments and exactions which may be expended for certain public improvements and other public benefits, or to construct certain public improvements which will benefit lands within the CITY outside the Property. 4.13.2 The CITY shall credit DEVELOPER in accordance with Exhibit "E-2" herein. 4.14 Development Incentive Bonuses 4.14.1 Pursuant to the Barton Road Specific Plan and the Project Approvals; the CITY has granted development incentive bonuses based upon the overall merits of the Project. The Project successfully consolidates multiple parcels and provides an integrated plan, architecture and signage for development of Master Plan Area 1 of Planning Area 1 of the Barton Road Specific Plan, and provides a number of other features and amenities which exceed the CITY's development standards and standards of the Barton Road Specific Plan, such that the Project qualifies for Incentive Bonuses or Bonus Points in the form of relaxations of development regulations, approved through the CITY's Site and Architectural Review.process. The Project Approval on July 27,2010 include a determination that the Project is entitled to Incentive Bonuses or Bonus Points, which may be used by the DEVELOPER for Development Units I through 4, as more specifically set forth on Exhibit 11 F." 5. REVIEW FOR COMPLIANCE. 5.1 Periodic Review. The Community and Economic Development Director shall review this Agreement periodically as required by law, in order to ascertain the good faith compliance by DEVELOPER with the terms of the Agreement. \Vo 2—EVES"1'3MPBI'•401-367-l31 1 -19- '1-7 5.2 Procedure. 5.2.1 During any periodic review, DEVELOPER may be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on DEVELOPER. 5.2.2 Upon completion of any periodic review, the Community and Economic Development Director shall submit a report to the City Council of the CITY, setting forth the evidence concerning good faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended finding on that issue. 5.2.3 If the City Council of the CITY finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. 5.2.4If the City Council of the CITY makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Agreement, the CITY may pursue any remedy at law or equity for the breach of any provision of this Agreement. 6. DEFAULT AND REMEDIES. Remedies in General. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement. 6.1 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties, based on the following: (a) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, DEVELOPER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. DEVELOPER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate DEVELOPER for such efforts. 6.2 Termination or Modification of Agreement for Default of DEVELOPER. CITY may terminate or modify this Agreement for any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after b1%02-W E:S"C.3M PB 1 1-10 33 6 7-13 1 l —2 U- providing written notice to DEVELOPER of default setting forth the nature of the default and the actions, if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within sixty(60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty(60) day period and to diligently proceed to complete such actions and cure such default. 6.3 Termination of Agreement for Default of CITY. DEVELOPER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty(60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty(60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty(60) day period and to diligently proceed to complete such actions and cure such default. 7. THIRD PARTY LITIGATION. 7.1 General Plan and/or Barton Road Specific Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan and the Barton Road Specific Plan (collectively referred to as the "General Plan"), and that the General Plan meets all requirements of law. DEVELOPER has reviewed the General Plan and concurs with CITY's determination. 7.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or shall relinquish the right to the entitlement that is subject to attack. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion and at its own expense participate in the defense of any such claim, action or proceeding. 7.3 Reservation of Rights. With respect to Subsection 8.2, CITY reserves the right to either (1) approve the attorney(s) which DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that DEVELOPER shall have no obligation to reimburse CITY for any such voluntary expenses incurred for such defense, including attorneys' fees. W0 2-W EST?M PB 1`,402 367-331 1 -2 1- '20 8. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER, in any manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specifled herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's. obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY , the perfornance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Subsection 3.13 of this Agreement. w02-WES'r.3N1PB1\401367481 i _»_ 9. MISCELLANEOUS PROVISIONS. 9.1 Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference. 9.2 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 9.3 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined by a final judicial determination to be invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 2 of this Agreement is an essential elements of this Agreement, and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are conclusively determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 9.5 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one DEVELOPER, all obligations of such DEVELOPERS under this Agreement shall be joint and several, and the default of any such DEVELOPER shall be the default of all such DEVELOPERS. Notwithstanding the foregoing, no DEVELOPER of a single parcel which has been finally subdivided and sold to such DEVELOPER as a member of the general public or otherwise as %Vo?-wEsr.3iiIPL3]'-4n2367481 1 -23- A 4 an ultimate user shall have any obligation under this Agreement except as provided tinder Section 4 hereof. 9.9 Time of Essence. Time is of the essence in the performance of.the provisions of this Agreement as to which time is an element. 9.10 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.11 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.12 Force Mai eure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance,provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 9.13 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 9.14 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 9.15 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. vA0_1-\VES'f.�NIPBI1 402:67431 1 -24- 9.16 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.17 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER is that of a government entity regulating the development of private property and the DEVELOPER of such property. 9.18 Further Actions and Instruments. Each-of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.19 Agent for Service of Process. In the event DEVELOPER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, DEVELOPER shall file with the Community and Economic Development Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon DEVELOPER. If for any reason service of such process upon such agent is not feasible, then in such event DEVELOPER may be personally served with such process out of this County and such service shall constitute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 9.20 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity w0-2-WEST.?i,vi PB i'40?367481 1 -25- A� and warrants and represents that he or shelthev has;have the au'.hority to hind DEVELOPE io the performance of its ohligattons horcundcr. iN WTINI-'SS WI IERLO1% the parries hereto have executed this 1,)eveloptnrnt %'greemcnt on the last day and }ear set lorth helow. DEVELOPER Dated- — _ _✓ _-- .JACOBSEN F xmnL . rizuS'r,a California Limited Liability Company By Dated. �( — Z —/ O STATER BROS. MARKETS,a ------ - - California Corporation Bv: t CITY Oate.d. --- -- CITY 1O (�RAN 1)TERRACE, a California Municipal Corporation By• _ —�tar�cttz. Fcrre. \-lavor -- - C:n C'.crk \11PR()ViD AS 10 1 lf.—OAL 1 UVA n Exhibit "A" Legal Description Page 1 APN 1167-231-03: THE WEST 120 FEET OF THE EAST 360 FEET OF LOT 3, SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP OF EAST RIVERSIDE LAND COMPANY, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTHERLY 17 FEET AS CONVEYED TO THE CITY OF GRAND TERRACE BY DEED RECORDED AUGUST 18, 1986 AS INSTRUMENT NO. 86-234863, O.R. APN 1167-231-08: THE WEST ONE ACRE OF THE EAST TWO ACRES OF LOT 4, IN SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP OF EAST RIVERSIDE LAND COMPANY, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTH 2O3.39 FEET, THE NORTH LINE OF THE SOUTH 203.39 FEET BEING DRAWN PARALLEL WITH THE SOUTH LINE OF SAID LOT. ALSO EXCEPT THE NORTHERLY 17 FEET AS CONVEYED TO THE CITY OF GRAND TERRACE BY DEED RECORDED AUGUST 29, 1986 AS INSTRUMENT NO. 86-249760, O.R. APN 1167-231-09: ALL THAT PORTION OF LOT 4, IN SECTION 5, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP SHOWING LANDS OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF BARTON ROAD (FORMERLY PALM AVENUE) WITH THE WEST LINE OF THE EAST 2 ACRES OF SAID LOT 4; THENCE SOUTH 193 FEET; THENCE WEST 127 FEET; THENCE NORTH 193 FEET TO THE SOUTH LINE OF BARTON ROAD; THENCE EAST 127 FEET TO THE POINT OF BEGINNING. W02-NEST. %4PB1'402367481 1 -27- Exhibit "A" Legal Description Page 2 APN 1167-231-12: THAT PORTION OF LOT 4, ACCORDING TO MAP SHOWN LAND OF THE EAST RIVERSIDE LAND CO., IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGES 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT ON THE EAST LINE OF MICHIGAN STREET, 66 FEET WIDE AS SHOWN ON SAID MAP, 203.39 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE EAST PARALLEL WITH AND 203.39 FEET NORTH OF SAID LINE 432.27 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN M. BROWN, ET UX., BY DEED RECORDED JANUARY 1, 1945 IN BOOK 1791, PAGE 101, O.R. THENCE NORTH ALONG SAID WEST LINE 221 FEET, MORE OR LESS, TO A POINT 193 FEET SOUTH OF THE SOUTH LINE OF BARTON ROAD, 65 FEET WIDE; THENCE WEST PARALLEL WITH SAID SOUTH LINE, 127 FEET; THENCE NORTH 18 FEET TO A POINT, 175 FEET SOUTH OF THE SOUTH LINE OF SAID BARTON ROAD; THENCE WEST PARALLEL AND 175 FEET SOUTH OF SAID SOUTH LINE TO THE EAST LINE OF SAID MICHIGAN AVENUE; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING. APN 1167-231-13: THE SOUTH 2O3.39 FEET OF LOT 4, ACCORDING TO MAP SHOWING LANDS OF THE EAST RIVERSIDE LAND COMPANY, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, THE NORTH LINE OF WHICH IS DRAWN PARALLEL WITH THE SOUTH LINE OF SAID LOT. EXCEPT ANY PORTION LYING WITHIN ANY COUNTY ROADS. APN 1167-231-15: PARCEL 4 OF THAT CERTIFICATE OF COMPLIANCE WHICH RECORDED DECEMBER 14, 2006, AS INSTRUMENT NO. 2006-861592, O.R., IN THE CITY OF GRAND TERRACE. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: W02-WES'F.3\qPB 1%402 3674S 1 1 -2 8- Exhibit "A" Legal Description Page 3 BEING A PORTION OF LOT 3 AND OF LOT 4 , SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST, S.B.M., ACCORDING TO MAP OF THE EAST RIVERSIDE LAND COMPANY, RECORDED IN BOOK 6, PAGE 44,, OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: lam; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3;. THENCE SOUTH 89025'30' WEST 360.00 FEET ALONG THE NORTH LINE OF SAID LOT TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF THE LAND GRANTED TO DENNIS D. JACOBSEN FAMILY HOLDINGS II, LLC, BY DEED RECORDED JULY 5, 2006 AS INSTRUMENT NO. 2006-455383, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00029'04" EAST 17.00 FEET ALONG SAID PROLONGATION TO THE NORTHEAST CORNER OF SAID LAND; THENCE SOUTH 89°25'30" WEST 46.74 FEET ALONG THE NORTH LINE OF SAID LAND, BEING ALSO THE SOUTH LINE OF BARTON ROAD, HAVING A HALF WIDTH OF 50.00 FEET; THENCE SOUTH 00°05'14 EAST 114.18 FEET; THENCE NORTH 90°00'00" WEST-72.12 FEET AND THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE CONTINUING NORTH 90000'00" WEST 224.51 FEET; THENCE NORTH 00'05'14" EAST 111.21 FEET TO THE SOUTH LINE OF SAID BARTON ROAD, HAVING A HALF WIDTH OF 50.00 FEET; THENCE SOUTH 89025'30" WEST 36.42 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF THE LAND GRANTED TO SDG INVESTMENTS, LLC, BY DEED RECORDED NOV. 24, 2004 AS INSTRUMENT NO. 2004-0868658, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 000 26' 50"EAST 396.87 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF THE SOUTH 2O3.39 FEET OF SAID LOT 4; THENCE NORTH 890 35' 21"EAST 97.42 FEET ALONG SAID NORTH LINE TO THE WEST LINE OF THE LAND GRANTED TO AFFILIATED JACOBSEN FAMILY HOLDINGS II, LLC, BY DEED RECORDED OCTOBER 6, 2004 AS- INSTRUMENT NO. 2004-0728921, RECORDS OF SAID COUNTY; THENCE SOUTH 00026' 50" EAST 203.39 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 3, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF LA PAIX STREET, 15.00 FEET IN HALF WIDTH, AS SHOWN ON MAP BOOK 139, PAGES 47 AND 48 AND MAP BOOK 148, PAGES 81 AND 82, RECORDS OF SAID COUNTY; THENCE NORTH 89' 35' 21" EAST 162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00' 29' 04" WEST 487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING. WO?-W EST.3;NI PB 1 40-136748 I 1 -��- Exhibit "A" Legal Description Page 4 APN 1167-231-21: PARCEL 4 OF THAT CERTIFICATE OF COMPLIANCE WHICH RECORDED DECEMBER 14, 2006, AS INSTRUMENT NO. 2006-861592, O.R., IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND MORE - PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 3 AND OF LOT 4 , SECTION 5,TOWNSHIP 2 SOUTH, RANGE 4 WEST, S.B.M., ACCORDING TO MAP OF THE EAST RIVERSIDE LAND COMPANY, RECORDED IN BOOK 6, PAGE 44, OF MAPS, RECORDS OF SAID COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 89025'30' WEST 360.00 FEET ALONG THE NORTH LINE OF SAID LOT TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF THE LAND GRANTED TO DENNIS D. JACOBSEN FAMILY HOLDINGS II, LLC, BY DEED RECORDED JULY 5, 2006 AS INSTRUMENT NO. 2006-455383, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00029'04" EAST 17.00 FEET ALONG SAID PROLONGATION TO THE NORTHEAST CORNER OF SAID LAND; THENCE SOUTH 89°25'30" WEST 46.74 FEET ALONG THE NORTH LINE OF SAID LAND, BEING ALSO THE SOUTH LINE OF BARTON ROAD, HAVING A HALF WIDTH OF 50.00 FEET; THENCE SOUTH 00°05'14 EAST 114.18 FEET; THENCE NORTH 90000'00" WEST 72.12 FEET AND THE TRUE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE CONTINUING NORTH 90000'00" WEST 224.51 FEET; THENCE NORTH 00°05'14" EAST 111.21 FEET TO THE SOUTH LINE OF SAID BARTON ROAD, HAVING A HALF WIDTH OF 50.00 FEET; THENCE SOUTH 89025'30" WEST 36.42 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF THE LAND GRANTED TO SDG INVESTMENTS, LLC, BY DEED RECORDED NOV. 24, 2004 AS INSTRUMENT NO. 2004-0868658, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 00' 26' 50"EAST 396.87 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF THE SOUTH 2O3.39 FEET OF SAID LOT 4; THENCE NORTH 890 35' 21"EAST 97.42 FEET ALONG SAID NORTH LINE TO THE WEST LINE OF THE LAND GRANTED TO AFFILIATED JACOBSEN FAMILY HOLDINGS II, LLC, BY DEED RECORDED OCTOBER 6, 2004 AS INSTRUMENT NO. 2004-0728921, RECORDS OF SAID COUNTY; THENCE SOUTH 00°26' 50" EAST 203.39 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 3, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF LA PAIX STREET, 15.00 FEET IN HALF WIDTH, AS SHOWN ON MAP BOOK 139, PAGES 47 AND 48 AND MAP BOOK 148, PAGES 81 AND 82, RECORDS OF SAID COUNTY; THENCE NORTH 89' 35' 21" EAST 162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST CORNER OF SAID INSTRUMENT NO. 2004-0728917, THENCE NORTH 00' 29' 04" WEST 487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING. W03-NEST._M PB 1'402_67181 1 -30- Exhibit "B" Property Subject to Development Agreement Michigan Street o rn � N � _J ;z j J 4 O0- N Of ; 41 J J -U(� 0. � N O 1 N W J � w - A167-231-09 1167-231 08- } ` L I J �il.11 Z J --------------------------•------ 1 .. ..----___- - .. N 1167-231-15 V 1167-231-03 I 1167-231-02 W Not a Part o 1167-231-01 0 Not a Part v la 1167-311-01 Not a Part 1167-311-02^ Not a Part 1, I Q , 7uy -- _ m W02-\VEST._MPB 14u2:074E I I Exhibit "C" Existing Development Approvals Approved by the Planning Commission pursuant to Site & Architectural Review: Grand Terrace Town Square Master Development Plan - SA 07-12 Master Sign Program No 09-01 Master Development Unit Phasing Plan—SA 07-12 Master Grading and Preliminary Grading Plans— SA 07-12 Sign Program for Development Unit 1 —SA 07-07 Grading and Landscaping Plan for Development Unit 1 — SA 07-07 Site Plan and Elevations for Site Plan for Development Unit 1 —SA 07-07 Approved by the City Council: Final Environmental Impact Report Grand Terrace Town Square Master Development Plan SA 07-12 Master Development Sign Program 09-01 Sign Program for Development Unit 1 Site and Architectural Review 07-07 Tentative Parcel Map No. 17787 (08-01) Approved by the Grand Terrace RDA: Development and Disposition Agreement dated February 15, 2005, and related amendments and Implementation Agreements. Exhibit "D" Existing Land Use Regulations Grand Terrace Municipal Code, in effect on the Effective Date of this Agreement Grand Terrace Zoning Map and Development Code Grand Terrace General Plan and Barton Road Specific Plan r �1 W02-W Es-r.1'VIPB 1�40?_n74X I 1 -33- S1 Exhibit "E-1" Development Impact Fees Storm Drainage Facilities $.353/sf of commercial space General Facilities $.208/sf of commercial space Public Use Facilities $0.000 (no fee for commercial uses) Parkland/Open Space Acquisition $.051/sf Sewer Connection Fees $3000/connection+ $60 for every drainage fixture unit (DFU) in excess of 17 each Arterial Fees $9524.14 per 1,000 sf of gross leasable area Traffic Signal Fees $ 840.00 per 1,000 sf of gross leasable area The above-referenced Development Impact, Arterial and Traffic Signal Fees shall be reviewed by the City Council commencing in the sixth (61h) year following the Effective Date of this Agreement, and may be increased in the manner provided in Government Code Section 66000 et. seq. - WO-1-WEST�NIPBV4023t)7481 f -3 4- rz Exhibit "E-2" Credits DEVELOPER shall be entitled to credit against those Development Impact Fees required to be paid in Exhibit"E-1" as a consequence to the contribution made by preexisting development on the Property, or where it has been demonstrated that the Project will not require additional capacity or infrastructure, as indicated below: U Storm Drainage Facilities 100% credit' General Facilities 100% credit' Public Use Facilities $0.000 (no fee for commercial uses) Parkland/Open Space Acquisition 100% credit Sewer Connection Fees 100% credit`s The credits set forth above shall apply to the Project through buildout of DU 4, in accordance with Section 3.4. ' Justification: Drainage is retained on site, and previous uses contributed their fair share to the existing system, which was overbuilt at the time of the RCS Study. Project contribution in this category is satisfied through buildout of DU 4. Justification: Pre-existing, high density(mobilehome park, residential and commercial uses) contributed their fair share of general facilities; Project use is less intense then prior uses on Property. Project contribution in this category is satisfied through buildout of DU 4. 3 Justification: Pre-existing, high density(mobilehome park, residential and commercial uses) contributed their fair share of parkland/open space; Project use is less intense than prior uses on Property. Project contribution in this category is satisfied through buildout of DU 4. 4 The Project should be credited for capacity purchased in the system by previous residential and commercial uses on the Property, in accordance with Section 4.68.040 of the Municipal Code. The Project has been found to have excess reserved capacity in the City's current wastewater treatment facilities through buildout of DU 4. 3 J- W"n3-W EST.3NI PB I,,a()-",()7-141 I - Exhibit T" Incentive Bonuses for Development Units 1 through 4 Page 1 The following methodology allocates Bonus Incentive Points to each element of the Project which either falls into a specific category established by the Barton Road Specific Plan for such allocation(e.g., lot consolidation, reciprocal access and reduced access points, integrated design and architecture), or as proposed by the Development where the Project exceed the Barton Road Specific Plan standards within a particular phase (e.g., enhanced landscaping, pedestrian amenities, enhanced design detail). Bonus Incentive Points for Master Development Plan (all phases) Points Allocation Proposed Recommended Consolidated lots into single master plan (Master Plan Area 1 of Planning Area 1 of the BRSP) in a single integrated 20 20 Plan Reciprocal Access and reduced access points 10 10 Reciprocal parking for access within phased development 10 10 Master design and integrated style 10 5 Master sign program/integrated style/consolidated 10 5 face/reduced number Total Bonus Points/All Phases 60 50 Bonus Incentives Points for Phase 1 (Development Units 1 & 2 Points Allocation Provision of public or semi public pedestrian open space 5 5 Covered trellis with landscaping and pedestrian walkway 5 5 (enhanced focal point) Scored pattern/decorative sidewalks at store fronts 5 5 Enhanced landscaping in parking lot areas 5 5 Total Bonus Points/Phase 1 20 20 Total Bonus Points TSMDP + Phase 1 80 70 Based on the points allocation set forth above, the entire project is entitled to 70 Bonus Incentive Points, 50 of which attach to the Master Development Plan as a whole, and 20 of which are accrued within Phase 1. W02-wEST.31•I PB N0_'36-7481 I '-3 G' Gi Exhibit "F" Incentive Bonuses for Development Units 1 through 4 Page 2 Proiect features which exceed City standards and for which Incentive Bonuses are requested in the form of reduced standards: Proposed Recommended Increased building (tower) height for Stater Bros. Market Off-setting consideration: Tower is not occupied space, and -3 -3 adds articulation of building surfaces, distinguishes anchor Stater Bros. and adjacent parking lot lighting height Off-setting consideration: Tenant height requirement, redesign to mitigate with City-standard lights along -5 -7 perimeter; design avoids "hot-spots" in parking fields and reduces number of lighting elements in parking fields Queuing at Driveway No. 1: Allow one vehicle(20 feet) queuing, add signage" No stopping or standing; direct to -3 -5 alternate access" Total Bonus Points Deducted -11 -15 Balance of Bonus Points Remaining 69 55 Future Phases: Under the Barton Road Specific Plan and this methodology, the Developer may seek, and receive additional Bonus Points in connection with development of future phases. The allocation and use of Bonus Points will be approved pursuant to Site and Architectural Review. wu>-WES r._!�I PB I`.-1u-'367481 1 -3 7- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALIFORNIA, AMENDING TITLE 15, OF THE CITY'.OF GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTERS 15.08, 15.12, 15.16, 15:20, AND ADDING CHAPTERS 15.10 AND 16.17, DELETING CHAPTER 15.09, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TO INCLUDE THE REFERENCED STANDARDS, TITTLE 24, PART 2, AND 12, VOLUMES 1 AND 2, BASED ON THE- 2009 INTERNATIONAL BUILDING CODE, PART 2.5 BASED ON THE- 2009 {�. INTERNATIONAL RESIDENTIAL CODE, , PART 3, BASED ON THE 2008 NATIONAL ELECTRICAL CODE, PART 4, BASED-ON THE 2009 UNIFORM MECHANICAL CODE, PART 5, BASED 'ON THE UNIFORM PLUMBING CODE, PART 11, GREEN BUILDING STANDARDS. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: Section 1. CHAPTER 15, CALIFORNIA BUILDING CODE Title 15, Section 15.08.10 and 15.08.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with a new Section 15.08.10 hereby added to read as follows: SECTION 15.08.10, ADOPTIONS Except as provided in this chapter, those certain building codes known and designed as the California Code of Regulations, Title,24, Part 2,.Volume 1 and 2, based on the 2009 International Building Code, including rAppendix Chapter "C", 'F", "G", "I", "J", and Part 12, California Referenced Standards shall become the Building Code of the City of Grand Terrace for regulating the construction, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The Califomia Code of Regulations and its appendix chapters will be on file for public examination in the office of the Building-Official. Section 2. CHAPTER 15.09, CALIFORNIA EXISTING BUILDING CODE Title 15, Section 15.09, and Sections 15.09.10 through 15.09.50 of the Grand Terrace Municipal Code is hereby deleted. The Existing Buildings Code, Part 10 has been incorporated into the California Code of Regulations, Title 24, Part 2, 4olume 2, adopted in Section 15.08.10 of this Ordinance. COUNCIL AGENDA ITEM NO. 74 1 Section 3. CHAPTER 15.10, CALIFORNIA RESIDENTIAL CODE Title 15, Section 15.10 and 15.10.10 are hereby added to the Grand Terrace Municipal Code to read as follows: SECTION 15.10.10, ADOPTION Except as provided in this chapter those certain building codes known and designed as the California Residential Code, California Code of Regulations, Title 24, Part 2.5, based on the 2009 International Residential Code shall become the Residential Building Code of the City of Grand Terrace for regulating the construction, occupancy, equipment, use, height, area and maintenance of all residential buildings and/or structures in the City. The California Residential Code and its chapters will be on file for public examination in the office of the Building Official. Section 4. CHAPTER 15.12, CALIFORNIA.ELECTRICAL CODE Title 15, Section 15.12.10 and 15.12.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.12.10 hereby added to read as follows: SECTION 15.12.10, ADOPTIONS Except as-provided in this chapter, the California Electrical Code, California Code of Regulations, Title 24, Part 3, based on the 2008 National Electrical Code as published by the National Fire Protection Association, shall become the Electrical Code of the City of Grand Terrace, regulating all installations, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the Building Official. Section 5. CHAPTER 15.16, CALIFORNIA PLUMBING CODE Title 15, Section 15.16.10 and 15.16.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.16.10 hereby added to read as follows: 7 SECTION 15.16.10, ADOPTION Except as provided in this chapter, the California Plumbing- Code, California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform Plumbing Code as published by the .International Association of Plumbing .and Mechanical ' Officials, shall become, the Plumbing Code of- the City of Grand Terrace, regulating construction, installation, alteration; repair, relocation, replacement, maintenance or use of plumbing systems within the City. The California Plumbing Code will be on file for public examination in the office of the Building Official.. Section S. CHAPTER 15.17, GREEN BUILDING STANDARDS Title 15, Chapter 15.17 is hereby added to the .Grand Terrace Municipal Code. Section 15.17.10 is-hereby added to read as follows: SECTION 15.17.10; ADOPTION Except as provided in this chapter, .the Green Building Standards, California Code of Regulations, Title 24, Part, 11, as published by the California Building Standards Commission, shall become the Green Building Standards of the City of Grand Terrace, The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure. The Green Building Standards will be on.file for public examination in the office of the Building Official. Section 7. CHAPTER 15.20, CALIFORNIA MECHANICAL CODE Title 15, Section 15.20.10 and 15.20.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.20.10 hereby added to read as follows: SECTION 15.20.10, ADOPTION Except as provided in this Chapter, the California Mechanical Code, California ;ode .of Regulations, Title 24, Part 4; based on the 2009 Uniform Mechanical ;ode as published by the International Association of Plumbing and Mechanical 3 Officials, shall become the Mechanical Code of the City of Grand Terrace, regulating - and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling,4 refrigeration system, incinerators and other- miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Offical. SECTION 8. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any parf thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of- the remaining- portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph; sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional. SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage. The effective date of this Ordinance is January 1, 2011. SECTION 10. POSTING The City Clerk shall certify to the passage of this Ordinance,and cause the-same to be posed pursuant to Government Code Section 36933. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Grand Terrace held on the day of , 2010. Mayor of the City of Grand Terrace and of the City Council thereof. Attest: +;ity Clerk of the City of Grand Terrace and of `tie City council thereof. 4 I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting.of the City Council of the City of Grand Terrace held on the day of November, 2010 by the following vote: AYES; NOES; ABSENT: ABSTAIN: Brenda Mesa, City Clerk Approved as to form: John Harper, City Attorney S -A ax ALI'FOR11A AGENDA REPORT MEETING DATE: November 9, 2010 Council Item (X) CRA Item ( ) TITLE: City Council Retiree Benefit for Herman Hilkey PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Consider the City Council retiree benefit change requested by Herman Hilkey and provide direction to staff on this request. BACKGROUND: The history of the City Council retiree benefit is contained in eight documents which are included as attachments to the staff report. A chronological summary of these documents is shown below: ■ On June 11, 1991, the City Council established a City Council retiree benefit through Resolution No. 91-13 °which provided for the continuation of "health or life insurance premiums in an amount equal to half the amount being paid for a regular City employee.." A copy of Resolution No. 91-13 is included as Attachment A. ■ On January 26, 1995, the City Council established a minimum Council Member insurance benefit of$150. A copy of the first two pages of the staff report, titled "Mid-Year Budget Review and Adjustments" is included as Attachment B -with the benefit noted in the department budget f6r City Council on page 2. ■ On June 25, 1998, the City Council approved paying medical insurance for Council Members who "have reached age 60 with a minimum of 15 years service. This benefit would continue until the 651h birthday." A copy of the first two pages of the staff report, titled "Employee Benefits for Fiscal Year 1998-99" is included as Attachment C with item 6 being where this benefit is identified. ■ On June 26, 2003, the City Council considered rescinding Resolution No. 91-13 and the Council action of June 25, 1998 and directed staff to bring this forward for formal action. A copy of the staff report, titled "City Council Continued Benefits" is included as Attachment D. In this staff report Mr. Hilkey's benefit is specifically mentioned: "One current Council Member is eligible to elect for the life insurance benefit and this is Council member Hilkey who is currently serving in his 131h year as a Council Member." ■ On August 12, 2003, the City Council rescinded Resolution No. 91-13 and ended the continuation of health insurance for future Council Members. A copy of the staff report, titled "Resolution Rescinding City Council Continued Benefits" is included as Attachment E. In this staff report Mr. Hilkey's benefit is specifically mentioned: "It is acknowledged the Council member Herman Hilkey is eligible to elect for the life insurance benefit since he is COUNCIL AGENDA ITEM NO.v�� Uty Council Ketiree Benetit Change Requested by Herman Hilkey November 9, 2010 Page Number 2 currently serving in his 1P year as a Council Member." Resolution 2003-24, which rescinded Resolution No. 91-13 and previous Council action on-Council Member continued benefits is included as Attachment F. Section 2 of this Resolution states: "The City shall provide continuation of health or life insurance for any City Council Member who is currently eligible." ■ On December 14, 2006, the City sent Mr. Hilkey a letter confirming that he elected the life insurance benefit"and therefore are entitled to a lifetime life insurance benefit of$150/month or $1,800/year as established in the Council minutes of January 26, 1995." A copy of this letter from then City Manager Thomas Schwab to Mr. Hilkey is included as Attachment G. ■ On October 2, 2010, the City sent Mr. Hilkey a letter advising him that the City Council would need to authorize changing his retiree benefit from life insurance reimbursement to " medical insurance reimbursement. A copy of this letter is included as Attachment H. DISCUSSION: On September 20, 2010, Mr. Hilkey submitted documentation and requested reimbursement for $1,800 of medical insurance expenses instead of his life insurance reimbursement authorized by City Council action. On October 4, 2010, the City sent Mr. Hilkey a letter advising him that the City Council would need to authorize this change in his retiree benefit. On October 13, 2010, Mr. Hilkey orally advised staff that he wanted his request brought forward to the City Council for consideration. He further advised staff he desired to keep his benefit at$1,800 and that it not be subject to future increases as detailed in the letter sent to him on October 4, 2010. The election of a retiree benefit is not typically subject to change though it is important to note that there is nothing in the previous actions taken by the City Council on this matter to preclude the change Mr. Hilkey has requested. In the documentation Mr. Hilkey provided for a medical insurance reimbursement he noted that this benefit would be non taxable. This is correct since the City provides a medical benefit to qualified retired employees. They City does'not provide a life insurance benefit to retired employees which makes the life insurance reimbursement benefit taxable for the two retired Council Members who receive this benefit (Mr. Hilkey and Hugh Grant). At the time the City Council retiree benefit was established, the City did not-know that the life insurance benefit would be taxable. Mr. Hilkey plans to attend the Council Meeting of November, 9, 2010, when his requested retirement benefit change is scheduled for consideration. , FISCAL.IMPACT: Mr. Hilkey's request to change his Council retiree benefit from life insurance reimbursement to medical insurance reimbursement will not have a fiscal impact on the City as he has requested that the benefit be maintained at $1,800 per year and not be eligible for increases. This request was made orally to staff and would be secured in writing if Council directs staff-to implement the benefit change requested by Mr. Hilkey. City Council Retiree Benefit Change Requested by Herman Hilkey November 9, 2010 Page Number 3 Respectfully submitted, 14 Betsy . Adams City Manager ATTACHMENTS: Attachment A: City Council Resolution No. 91-13 to Provide Health or Life Insurance Continuation to Covered Officials Attachment B: January 26, 1995 Staff Report on Mid-Year Budget Review and Adjustments (established a minimum of$150 for Council Member- insurance benefit per member) Attachment C: June 25, 1998 Staff Report on Employee Benefits for Fiscal Year 1998-99 (authorizing payment of Council Member medical insurance until the 651h birthday) Attachment D: June 26, 2003 Staff Report on City Council Continued Benefits Attachment E: August 12, 2003 Staff Report on Resolution Rescinding City Council Continued Benefits Attachment F: Resolution No. 2003-24 Rescinding Resolution No. 91-13 and Previous . Council Action Regarding City Council Member Continued Benefits Attachment G: December 14, 2006 letter to Herman Hilkey confirming his election of the life insurance-benefit as a City Council retiree. Attachment H: October 4, 2010 letter to Herman Hilkey advising that his request to change his Council retiree benefit requires City Council action. J 3 Attachment A RESOLUTION NO . 91- 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE TO PROVIDE HEALTH OR LIFE INSURANCE CONTINUATION TO COVERED OFFICIALS. Effective July 1, 1991, the City shall provide continuation health of life insurance premiums in an amount equal to half the amount being pai , for a regular City employee . The City paid health or life insurance shal ' not include coverage for the officials ' dependents. ELIGIBLE OFFICIAL : Defined as an official with twelve consecutive years of service to t e City Council- of the City of Grand Terrace , and upor termination of the twelve consecutive years, elects at that time to accept health and/or life insurance continuation benefits . CESSATION OF PAYMENTS : Upon death of the covered official , the City shall cease payment o ealth or life insurance premiums for the official . If, in the future , greater premium amounts are by members of the City staff, then one-half of the higheraiCity the City to be provided to the eligible official . However , in no -case hallyme thetdollar amount of City-paid. premiums be decreased . Further , the City will maintain the eligible official in the plan that they were enrolled at the time of retiring . If the insurer will not permit continued coverage then the City shall provide another comparable insurance benefit. ADOPTED this 11th day of June , 1991 . ATTEST : Deputy L,, ty Clerk ofVt o 6a� 1 o� t o tA�L City of Grand Terrace and of the City Council thereof. Grand Terrace and of the City Council thereof 5 STAFF REPORT C R A ITEM ( ) COUNCIL ITEM (XX) MEETING DATE: January 26, 1995 AGENDA ITEM NO. SUBJECT: MID-YEAR BUDGET REVIEW AND ADJUSTMENTS FUNDING REQUIRED XXXXX NO FUNDING REQUIRED The City Staff conducts an annual mid-year budget review to make -any necessary adjustments that occurred as a result of unanticipated changes. Identified revenue and expense adjustments along with justification are as follows: ADJUSTMENTS TO REVENUE ESTIMATES Traffic Safety Fund 17-300-01 Crossing Guard Reimbursement $ 3 ,450 1 Council eliminated the crossing guard position for FY 94-95. Colton Unified School District has contracted with' the City to fund a crossing guard position at',McClaren/vivienda indefinitely until either party terminates' such agreement. 13-605-05 Park Fund: Bond Proceeds - City Reimbursements $ 96, 197 The City recently completed development of Pico Park in July 1994. There are remaining monies remaining in the Capital Budget Funds to be reimbursed ,to the City for Pico Park,- This was initially projected to be received in the prior fiscal year. The funds will be used to reimburse City for its , final payment to the general contractor of Pico Park. Council approved notice of completion on September 22, 1994 (CC-94-133) . 7 MID-YEAR BUDGET REVIEW AND ADJUSTMENTS ADJUSTMENTS TO EXPENDITURES Department: City Council 10-110-142 Insurance Benefits $ 2,400 Council Members are provided insurance benefits for their public service. The cost to the City varies due to the various ages of the Council Members. Appropriation is requested to provide a cafeteria type plan for council members by establishing a minimum of $150 insurance benefit per member, provide for increase's in benefit premiums and correct FY estimate.. Department: Planning 10-370-219 Furniture and Minor Equipment $ 600 Purchase small office conference table and chairs for Planning Director's office to conduct small meetings -of staff and/or citizens. 10-370-250 Professional/Special services $ 1, 500 Appropriate $1, 500 for estimated consulting costs for Al Warot of Willdan Associates, Engineers and Planners, for assistance in submission of our Housing Element for certification by the Department of Housing and Community Development (HCD) for compliance , under H & S Section code 33302. Housing Element needs to be certified by HCD. Our current Housing Element is in process of certification. There have been three revisions per HCD request and guidance since Al Warot, of Willdan Associates, drafted a Housing Element in 1989. Staff is requesting Willdan Associates assist in the final steps and assist in obtaining certification with HCD. 2 s Attachment C 9 ` cttr STAFF REPORT CITY MANAGERS DEPARTMENT CRA ITEM ( ) COUNCIL ITEM ()OC) MEETING DATE:June 25, 1998 SUBJECT: EMPLOYEE BENEFITS FOR FISCAL YEAR 1998-99 FUNDING REQUIRED XX NO FUNDING REQUIRED The Meet and Confer process for Fiscal Year 1998-99 has been concluded and the following items were selected from the list for City Council to consider: I . Staff is proposing a 5%cost-of-living increase for all employees. A I% increase would be $19,000; therefore, a 5% increase would be an annual cost of$95,000. } 2. Staff is able to use deferred compensation to pay for child care through our Child Care Center. Staff is asking Council to consider the option of utilizing deferred compensation to pay for other State-licensed child care facilities in addition to our Child Care Center. This would enable our employees to use centers closer to their homes,and schools. Other than staff administrative time to do the accounting, there is no cost to the City. F Staff is recommending that this benefit be limited to regular full-time and a regular part-time employees. C 3. Staff is asking Council to consider funding for the purchase of new 0 televisions for the City Hall and Child Care Center employee break V rooms, and new chairs for the City Hall break room. The television in d the City Hall break room is over ten years old and employees utilize the Li television during their lunch break. However, the television has a tendency to malfunction and sometimes takes up to five minutes for it to come on. Currently, in the Day Care break room, there is no television set and it would be nice for the teachers to have a little (� diversion dunng their lunch penods so that they are able to deal with the children during their work penods. The City Hall break room has never had new table and chairs. Someone brought in an old dinette set from �r -2- 1 home that we have used for years. The table remains adequate, but we need to purchase four inexpensive chairs. It is estimated that we can replace these items for$1 ,100. 4. In 1994 Council authorized a sick leave incentive that allowed full time employees that do not use more than 40 hours of sick leave in a year and have 192 hours left on the books to be able to sell back up to one week as 'motivation not to abuse sick leave. Three regular part-time employees would like to have the same benefit based on the percentage I of their employment. An example would be that a 60% employee would receive 60%of 40 hours to buy back and would leave 60% of 192 hours on the books. Productivity, due to the non-utilization of sick time, would offset the dollar cost. 5. Staff is asking Council to consider offering direct check deposit to employees for all financial institutions through the Arrowhead Credit Union. The Credit Union would collect and distribute employee paychecks to any designated bank, savings and loan or credit union. Direct deposit will be mandatory, and should result in some productivity savings from not having to generate physical payroll checks. We have institutions that offer free checking for any direct deposit, so it should not be an inconvenience to the employees. The annual cost for this will be $1,150 per year. 6. Staff is asking Counal to consider paying medical insurance for retirees and Council Members who have reached age 60 with a minimum of 15 years service. This benefit would continue until the 65th birthday. Potentially, we might have two to three individuals that would take advantage of this within the next two to three years and would cover them for an average of three years until they reach age 65. The cost would be approximately$18,000 over the next five years. 7. Staff is asking Council to consider 100% buy out of sick leave for employees terminating or retiring after they have 15 years of service. Currently, staff receives 40% of sick leave at termination. This is an incentive for staff not to utilize their sick leave, as it accumulates, and to reward the employee that does not use it up as it is available. Currently, there are ten employees that have an excess of ten years. It is difficult to calculate the potential liability, but we are estimating that it could be a `uture liability of$176,000 over the next ten years. 8. Staff is recommending a reclassification for the Clerk Typist in the Building and Safety/Public Works/Housing Department to Administrative Clerk. The salary range for this position is$1 ,866 to$2,525 and the employee 11 c,Tr . o STAFF REPORT NERRRAMD T C City Manager's Office . r CRA ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: June 26, 2003 SUBJECT: City Council Continued Benefits FUNDING REQUIRED ( ) NO FUNDING REQUIRED ( X) On June 11, 1991 the City Council adopted RESOLUTION 91-13 ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE TO PROVIDE HEALTH OR LIFE INSURANCE CONTINUATION TO COVERED OFFICIALS. This resolution provided for continued health or life insurance for any City Council Member that served 12 consecutive years of service to the City Council of the City of Grand Terrace. On June 25`h 1998 the Council further refined the medical benefit portion to read that a Council Member, in order to be eligible for health insurance continuation must reach the age of 60 with a minimum of 15 years of service and that the benefit would continue until the 65'h birthday at which time the benefit would terminate and the person would convert to Medicare. Two former Council Members were eligible for a benefit when they left office. Former Council Member Hugh Grant currently receives the life insurance benefit valued at$1,800 per year. Former Council Member Byron Matteson elected continued medical coverage in November 2000 when he left office until February of 2002 at which time he became 65 years of age and was eligible for Medicare and our coverage ceased. One current Council Member is eligible to elect for the life insurance benefit and that is Council Member Hilkey who is currently serving in his 13`h year as a Council Member. The remainder of the Council are either serving their I"or 2"d term and would not be eligible for any benefit until they finished a 3`d term. Council has asked Staff to place this item before the City Council for reconsideration. STAFF RECOMNIENDATION: STAFF RECOMNIENDS COUNCIL DISCUSS COUNCIL BENEFITS AND GIVE STAFF POLICY DIRECTION AS DESIRED. Attachment E /1 STAFF REPORT GROMP TERR C City Manager's Office ( i CRA ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: August 12,2003 SUBJECT: RESOLUTION RESCINDING CITY COUNCIL CONTINUED BENEFITS FUNDING REQUIRED ( ) NO FUNDING REQUIRED (X) At the City Council Meeting on June 26, 2003, Council directed staff to rescind Resolution 91-13. This resolution provided for continued health or life insurance for any City Council Member that served 12 consecutive years of service to the City Council of the City of Grand Terrace. On June 25°i 1998 the Council further refined the medical benefit portion to read that a Council Member, in order to be eligible for health insurance continuation must obtain the age of 60 with a minimum of 15 years of service and that the benefit would continue-,until the 65"'birthday at which time the benefit would terminate and the person would convert to Medicare. Staff is recommending that Council rescind Resolution 91-13 as well as rescind the action of the June 25, 1998 Council meeting. It is acknowledged that Council Member Herman Hilkey is eligible to elect for the life insurance benefit since he is currently serving in his 131h year as a Council Member. STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL RESCIND RESOLUTION 91-13,AND RESCIND PREVIOUS COUNCIL ACTION REGARDING CITY COUNCIL MEMBER CONTINUED BENEFITS. 15 Attachment F RESOLUTION NO. 2003-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION -91-13 AND PREVIOUS COUNCIL ACTION REGARDING CITY COUNCIL MEMBER CONTINUED BENEFITS WHEREAS, the City Council has directed staff to rescind all Council action which provides health or life insurance continuation to any City Council Member who has served 12 consecutive years on the City Council; NOW, THEREFORE, the City Council of the City of Grand Terrace, does hereby resolve as follows: SECTION 1. Resolution No. 91-13 is hereby rescinded in its entirety. SECTION 2. The City shall provide continuation of health or life insurance for any City Council Member who is currently eligible. PASSED, APPROVED AND ADOPTED this 121h day of August, 2003. v Mayor of the City of Grand Terrace ATTEST: City Clerk of the City oPorand Terrace 1 17 I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2003=24 was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 121h day of August, 2003, by the following vote: AYES: Councilmembers Hilkey and Larkin, Mayor Pro Tem Ferre and Mayor Garcia NOES: None ABSENT: Councilmember Cortes ABSTAIN: None Brenda Stanfill, City Clofk Approved as to form: City Attorney 1 C December 14, 2006 ' Herman Hilkey C A L I F O R N I A 23196 Glendora Grand Terrace, CA 92313 Dear Herman, 22795 Barton Road In 1991 Council adopted Resolution 91-13 that provided for health or Grand Terrace life insurance premiums for City Council Members that served twelve California consecutive years on the City Council. You have served sixteen 92313-5295 consecutive years on the City Council and have elected the life insurance benefit and therefore are entitled to a lifetime life insurance benefit of$150/month or$1,800/year as established in the Council Civic Center minutes of January 26, 1995. (909) 824-6621 Fax (909)783-7629 On August 12, 2003 the City Council rescinded Resolution 91-13, Fax (909)783-2600 however, in the report to the Council the following statement is made, "it is acknowledged that you are eligible to elect for the life insurance benefit since he is currently serving in his 1P year as a Council Maryetta Ferr6 Member." Mayor You have fulfilled the requirements serving sixteen consecutive years to Bea Cortes be entitled to the payment of$1,800/year for life insurance benefits and Mayor Pro Tempore the benefit shall continue for the duration of your lifetime. Council Members I have included a copy of Resolution 91-13 and a copy of the Staff Lee Ann Garcia Report from August 12, 2003 for your reference and clarification if it is Herman Hilkey required in the future. Jim T. Miller Sincerely, Thomas J. Schwab City Manager Thomas Schwab City Manager TS:jv October 4, 2010 Mr. Herman Hilkey L 1 L IF OR % 1 1 23196 Glendora Drive Grand Terrace, CA 92313 Dear Herman: 22745 Barton ltiiad You recently submitted documentation for your City Council Grand Terrace ( aliRrrnia retiree benefit as a medical reimbursement instead of the usual ii231.i-4;21)5 life insurance, reimbursement. Staff is not able to make this change without seeking City Council approval as this benefit was created through formal City Council action. I have Ch is Center included as an attachment a letter sent to you on December 14, (909)824-0621 2006 on your City Council retiree benefit. This letter included Fax 0409)783-7624 Resolution No. 91-13 which established the City Council retiree Fax(904) 783-2600 benefit and an August 12, 2003 staff report where the City Council rescinded Resolution No. 91-13 and designated that you would receive the life insurance benefit. You indicate on your documentation that the medical reimbursement would be non taxable which is correct. As you may not have been advised of this at the time you elected the life insurance reimbursement benefit, this could be the reason included in the staff report for the City Council to consider the benefit change you have requested. It would also need to be noted in the staff report that the dollar amount for your City Council retiree benefit as the medical reimbursement would need to be clarified by City Council action. The reason the medical reimbursement benefit is non taxable is because the City provides a medical benefit to employees. In Resolution No. 91-13, it states that "the City shall provide continuation health or life insurance premiums in an amount equal to half the amount paid for a regular City employee." It also states "If, in the future, greater premium amounts are paid by the City to members of the City staff,,than one-half of this higher City payments will be provided to the eligible official." Though Resolution No. 91-13 was rescinded, it is clear the intent when the City Council retiree benefit was created was that it keep pace with increases to the employee benefit. With the life insurance reimbursement, there is not a similar employee benefit which is why it is taxable and also why the benefit has not increased in dollar amount. The same does not hold for the medical reimbursement benefit. In calendar year 2010, the City paid medical benefit for employees is $368.06/month. If the City Council applies the intent of Resolution No. 91-13 to your City 'Council retiree benefit as a medical reimbursement, it would increase to $2,208.36/year ($368.06 _ 2 = $184.03/month x 12 = $2,208.36) in 2010 from the $1,800/year life insurance reimbursement you currently receive. In calendar year 2011, this benefit would increase to $2,565.48 ($427.58 _ 2 = $213.79 x 12 = $2,565.48), if the intent of Resolution 91-13 applies. You also would have the option'of requesting the your City Council retiree benefit change from a life insurance reimbursement to a medical reimbursement without the increase mentioned in Resolution 91-13. If you would, like the requested change in your City Council retiree benefit to be presented to City Council for consideration, please advise us in writing (an e-mail is fine for this). Your request should .also include whether or not you would like the City Council to consider the provisions in resolution 91-13 to which-could increase your benefit as a medical reimbursement. If you have any questions on this information, please feel free to contact me at 909-430-2245. �1 Regards, BetsyAd`ams City Manager C: John Harper, City Attorney Jo Verhelle, Assistant to the City Manager ,��i FOR v ` i a AGENDA REPORT MEETING DATE: November 9, 2010 Council Item (X ) CRA Item ( ) SUBJECT: Request for a Reduction of the Parkland and Open Space Acquisition Fee for New Residential Construction PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATIONS: Consider a request- for reduction of the Parkland and Open Space Development Impact Fee for construction of a new single-family residence and determine whether to reduce the fee. BACKGROUND AND DISCUSSION: The City's adopted Development Impact Fees include a per-residence fee of $7,241.00 for the Parkland and Open Space Acquisition Fund. Staff has received a request from an individual for a one- time reduction of$4,000.00 in this impact fee to build their new home on Twin Canyon Drive, for a reduced fee of$3,241.00. All other Development Impact Fees to special funds would be paid, including traffic, public use facilities, general facilities, and sewer connection, totaling approximately $11,626.00. In addition, plan check and permit fees total approximately$4,907.00, which are allocated to the General Fund. The owner/builder, who now lives in Colton, would like to begin construction soon and is striving to make the project financially feasible. The family would reside in the home, and would be required to pay the Parkland and Open Space Acquisition fee in full ($7,241.00) if they move from the residence within three years of the building permit final. A written request is attached as Attachment 1. The request is based, in part, on lower parkland fees established by surrounding cities. Staff has researched such fees and offers the following: Highland $3,724.00 Redlands 4,482.00 Rialto 2,709.00 Colton 936.00 San Bernardino (City) 9,517.00 Loma Linda 5,354.00 The average of the fees listed above is approximately $4,454.00. Because Staff is not authorized to waive the adopted fees, staff is referring the request to the City Council for further direction. Should the Council determine to reduce the fee, for this project only, staff would prepare an agreement for the City Manager's approval, which will require the owner to occupy the home as described above. COUNCIL AGENDA ITEM NO. 1 FISCAL IMPACT: If approved, revenue to the Parkland and Open Space Acquisition Fund would be $3,241.00. The current balance of the Parkland Fund is $228,000, which can be used for the purchase of land for parks or open space, and park development. Revenue to the General Fund for processing and permits would be approximately $4,907.00. New annual property taxes to the City and Agency would be approximately$1,978.00. Respectfully submitted, y?mv'el A-- Joyce Powers Community and Economic Development Director Manager Approval: '` )-;� 4 Betsy 11'. Adards City Manager Attachment: Request from the property owner t � } ATTACHMENT NO. 1 REQUEST FOR REDUCTION OF PARKLAND AND OPEN SPACE ACQUISITION FEE 3 ATTACHMENT NO. 1 REQUEST FOR REDUCTION OF PARKLAND AND OPEN SPACE ACQUISITION FEE Memo To: City of Grand Terrace, Joyce Powers From: Dale and Elizabeth Chronister Date: 10/13/2010 Re: Park Fee reduction Joyce Powers, City Manager and City Council Members, Dear Joyce, I am writing this letter per our conversation on September 28, 2010, to ask the city council members if they would consider giving us a fee reduction on the park fees. You stated that the city manager would -support our position if we agreed to live in the home we are building in Grand Terrace for at least three years, in which we will. After analyzing the fees to build this home, we feel the park fee in the amount of $ 7,200.00 is a bit unjust. 1. We already pay property taxes, 2. When we had a birthday party for our daughter we were charged to use the park, 3. Recently we built a home in the city of Colton and their park fees where approximately in the amount of $ 1,000.00. 4. This is an infill lot. We are under no illusion that the city needs to make money but, we believe this park fee is an excessive amount, and we are asking if the city Council of Grand Terrace would consider waving the amount of $ 5000.00, of this fee. This would still leave twice the amount .that the city of Colton is charging. As you all"know it is cheaper to purchase a home in these low economic times than it is to build one. We have been working on this project for many years, we do want to live in the city of Grand Terrace but, we need,to make the numbers work. Thank you-for your time and your consideration, Dale and Elizabeth Chronister City of Grand Terrace PERMIT NO. Department of Building&Safety,Public Works and Housing 6��-OU�-664 22795 Barton Rd.,Suite B,Grand Terrace,CA 92313-5295 (909)825-3825 - Fax(909)825-7506 Permit Type: SF New PROJECT TRACT NO. BILK.NO. LOT NO. APPLIC.DATE ISSUED BY Issue Date: 3/15/2010 ALF Permit Status: Plan check PROJECT ADDRESS ASSESSORS PARCEL NO. GEO CODE 23210 Twin Canyon Drive 0276-391-14-0000 OWNER MAJU IG ADDRESS Chronister, Dale C 1171 N 2 ND St PHONE NO. FAX NO. Colton,CA 92324 APPLICANT MAILRIG ADDRESS PHONE NO. FAX NO. I 1 CONTRACTORIPROFESSIONAL MAILING AD13RE9E — PHONE NO. FAX NO. EMAIL ADDRESS: TENANT MARAG ADDRESS PHONE NO. FAX NO. DESCRIPTION SFR New Single Family Dwelling with attached garage and decks. This permit doesn't include the basement build out as livable area, it only includes the walls and stuctural suports of the basement. Basement permit for build out in future will be obtained by owner at a later date. CALCULATION TYPE UOM 0 OF UNITS VALUE CALCULATION TYPE UOM #OF UNITS VALUE Air Conditioning Res sq ft 2,910 $10,767.00 Porch sq ft 634 $10,778.00 Garage sq ft 704 $17,107.20 Type V Wood Frame Good sq ft 2,910 $291,000.00 OCCUPANCY Dwellings TOTAL VALUATION $329,653.00 FEE DETAIL CITY UOM DESCRIPTION AMT DUE AMT PAID CITY UOM DESCRIPTION AMT DUE AMT PAID 1 each Issue Fee $33.00 1 each Issue Fee $33.00 1 each Issue Fee $33.00 1 each Issue Fee $33.00 Building Permit $2,281 75 1 each Energy Fee $75.00 1 each NPDES $75.00 3,614 sq ft Electrical Fee-Occupancies-pai $433.68 1 each Ventilation System $15.00 1 each Forced Air/Gravity Type Burner-t $20.00 1 each Air Handling Unit-20K+cfm,to Ir $20.00 3 each Ventilation Fans $30.00 1 each Building Sewer Connection $33.00 12 each Fixture,Trap $120.00 1 each Gas Piping System-1 to 5 Outlet $4.00 1 each Private Water Distribution Syst-5 $6.00 1 each Water Heater or Vent $15.00 Plan Check $1,483.14 $1,483.14 302.12 Miscellaneous Plan Check Fees $302.12 $302.12 1 each Arterial Imp Fees-SF and MF Un $4,242.58 1 each Traffic Signal Imp Fee-SF and M $373.16 1 each Storm Drainage-Detached Dwell $2,234.00 1 each Parkland/Open Space Fund-Det $7,241:00 1 each General Facilities Fund-Detache $1,102.00 1 each Public Use Facilities Fund-Detac $674.00 1 each Calton Sewer Connection Fee $2.700.00 1 each Grand Terrace Sewer Connection $300.00 Smip 1 $32.97 Green Building Standards $14.00 Total Fees: S23,959.40 Total Paid: $1,785.26 Balance Unpaid: $22,174.14 Paid Today: RECEIPTS DETAIL RECEIPT 0 TRANS.DATE NAME PAYMENT TYPE PAYMENT TYPE 0 AMOUNT nR 12"_UUR tl%kncr c hcck _144 SI,-8i'6 x44 1 2.2008 Dale t:hnlnistcr rcdit Hal S302.12