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04/24/2007 • _: - - ..' off. � �, - , ,. GRANDTERR CE Ago prit24,`2007, .22195 Barton Road " .Grand•T rrace .Californialifornia 92313'5295- j - :Civic Center ;(909)824=6621 Fax(909)783-7629 ; Fax(909)783=2600 r J ak 7 .TERRACE ; Maryetta Ferre Mayor Lee Ann Garcia ..Mayor Pro Tem• _ - - ,- ;_ �- ,- = CRA/CITY'COUNCIL, Bea Cortes Jir Miller o _ _ ; Day Buchanan-- RUGULAR.-MEETINGS:, 7 Council Mcnibcrs- =, Thomas J:Schwab- 2Nn •AND4 , Tues, ay p " ✓' City Manager . , t .- , .' ,.! , .. 4 tit n• - .. _ e _ .. f" - ` , sl. ,- -{ , -F � _ - .- - ,� _ _•- lJ ,J• _' , ` `, - .- , ` r-,i �. I' i lvJ'� . - •, .^`` ' ,` , ., J _ J J ; ..' ,' ,r ,^ `.L Council Clia 'mbers -Grand Terrace Civic. Center:, '' 22795 Barton .Road: _ CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS APRIL 24, 2007 GRAND TERRACE CIVIC CENTER 6:00 PM 22795 Barton Road T.,HE CITY OF GRAND TERRACE COMPLIES.WITH THE'AXIERICANS WITH DISABILITIES ACT:OF 1990:IF-YOU REQUIRE SPECIAL ASSISTANCE,TU PARTICIPATE.IN THIS MEETING, PLEASE_CALL THE CI.TY CLERK.'S. OFFICE AT(909)`8M-6621 AT LEAST 48 HOURS.PRIO1t,"0 THE MEETING::__ SS THE CITY'C6UNCIL DURING:TH_ E MEETING;PLEASE COAIPLET_E A`REQUEST IF YOU DESIRE TO ADDRESS � } , TO.-SPEAK FORM AVAILABLE AT THE-ENTRANCE`'ANp:PRES" ENT.IT TO"THE CITY CLERK: SPEAKERS WILL BE CALLED UPON BY THE:MAYOR AT THE:APPROPRIATE TIME:: * Call to Order * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 6 PM 1. Approval of 03-27-2007 Minutes Approve 2. Transfer Webster Property from CRA to City '(22645 Grand Approve Terrace Road) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Proclamation-Blue Ribbon Week-Week of May 13,2007 B. Women of Distinction C. Proclamation-Earthquake Preparedness Month,April 2007 3. CONSENT CALENDAR The following Consent Calendar items are expected-to be routine and 11 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. L A. Approve Check Register Dated April 10, 2007 and April 24, Approve 2007 B. Waive Full Reading of Ordinances on Agenda C. Approval of 03-27-2007 Minutes Approve D. Approval of NO OVERNIGHT PARKING ZONE,on the Approve North Side of De Berry Street, 861 Feet Westward frm Mt. i Vernon E. Public Improvement Deferral Agreement(22195 McClarren Approve i Street) COUNCIL AGENDA_ 04-24-2007 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION F. Request to Purchase Two Motorola XTS-5000 Portable Approve Radios Using California Law Enforcement Equipment Program(CLEEP)Funding 4. PUBLIC COMMENT [This is the opportunity for members of the public to comment 1 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 _-y 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. REPORTS A. Committee Reports 1. Emergency Operations Committee a. Minutes of March 6,2007 Accept B. Council Reports 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City Council of the Approve City of Grand Terrace Adding Chapter 9.28 of the Grand Terrace Municipal Code to Regulate Medical Marijuana Dispensaries within the City of Grand Terrace 8. NEW BUSINESS A. Red Light Photo Enforcement(Redflex Traffic Systems) Authorize B. 2007 Contract with the City of San Bernardino for Animal Approve Housing Services C. Joint Community Facilities Agreement (JCFA) and Reimbursement Agreement for the Springbrook Project D. Award Contract for the Community Development Block Grant Award (CDBG) Funded Project - Newport Avenue Street Improvement#32325 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,MAY 8,2007 AT 4:00 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 -MARCH 27, 2007 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 March 27, 2007 at 6:00 p.m. PRESENT: Maryetta Ferr6, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency Member Jim Miller, Agency Member Tom Schwab, City Manager Brenda Mesa, City Clerk Steve Berry, Assistant City Manager Larry Ronnow,Finance Director Richard Shields, Building & Safety Director Lt. Hector Guerra, Sheriff's Department Rick McClintock, San Bernardino County Fire Department Colin.Burns, City Attorney ABSENT: Dan Buchanan, Agency Member l Gary Koontz, Community Development Director John Harper, City Attorney CONVENE COMMUNITY REDEVELOPMENT AGENCY MEETING APPROVAL OF 03-13-2007 MINUTES CRA-2007-09 MOTION BY AGENCY MEMBER CORTES, SECOND AGENCY MEMBER MILLER, CARRIED 3-0-1-1 (VICE-CHAIRMAN GARCIA ABSTAINED AND AGENCY MEMBER BUCHANAN WAS ABSENT), to approve the March 13, 2007 Community Redevelopment Agency Minutes. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 6:15 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,April 24,2007 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 ITEM NO. I _STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM(X) COUNCIL ITEM Q MEETING DATE: April 18,2007 SUBJECT: Transfer Webster Property to City FUNDING REQUIRED: YES-() NO (X) In March of 2004,the Agency purchased the property at 22645 Grand Terrace Rd.from the Wayne Webster Living Trust. The Agency.purchased the property to develop a Senior housing project. The Agency has partnered-with Corporation For Better Housing(CBH) to construct a S20 million dollar Senior Housing and Center. The EIR-for the project is currently being reviewed and a project should be approved for construction in late 2007. The site consists of a 4.66 acre parcel owned by the City and a 1.27 acre parcel owned by the Agency. The two parcels need to be merged into one parcel to be owned by the City, and leased to CBH. Section Ila of the Grand Terrace Redevelopment Plan states "Real property acquired by the Agency may be conveyed by the Agency without charge to the City and,where beneficial to the project area,without charge to any public body." STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL AUTHORIZE'THE AGENCY CHAIRMAN TO EXECUTE THE NECESSARY DOCUMENTS TO TRANSFER 22645 GRAND TERRACE RD. A 1.4 ACRE PARCEL (APN # 276-461-14) FROM THE GTCRA TO THE CITY OF GRAND TERRACE. CRA AGENDA ITEM NO. Z 1 - �'UAVOSE City of Colton rin. vista branae IraCT, m.o. lid Iv ��-y-- - ��•� - � iOX ONLY. Clty of Grand Terrace 1.w. OR r° - —�►�- _ �� - . . OT Tax Rate Area 2 - — — — — - 793 , h „ 16001,2008 I I to N63-57-I0E 257 2 I 46 1 , ' 02 _., LOT iq ..; YAP Il II l- A // Y 06 I PIN. YAP 146-31-70 39-24 / _ I/f- I I 1 4 1, -t ►.f.A•2N PAA. S, j !f-Sq PAf. ff, S I I f0. 2 24 j El n.^r223. I �a �e j7R=122O L-449.99 CO.HNY �"— R-2000 L.734.: 1.4 .. 32.55 A 1.06 AC— � IO \ 2aJ.13 u Y or. /r 62 ,' Par. o aJ Par. 4 f D3 2 (.i7 a o) 09 6 j 14 AC. hh Par tr e' 4.66 AC. 1.27 AC 17 o' 3 �\ti � 06 e Q�• e Ito 28 44 ear.re 29 REVISED Assessor's Map Book 0276 Page 46 Parcel Mop No. 766, P.Y. 1/24 San Bernardino County 1. SY R I x a^ if I Iti 6 4.1 jA 'It 1-.11 1-. t k , ,. !�f 13 J .i� X J t,- UU X K -QV N. -K, "A2, Q ,VK 7 _.J 4Y R-A �- �-r�_�e _ as maa vfz BLUE RIBBON WEEK Week of May 13, 2007 WHEREAS, the community's peace officers have long sustained a tradition of performing their work to the highest quality possible in order to provide a better life environment for others, and WHEREAS,in an effort to preserve the continued commitment of allpeace officers and law enforcement agencies, the members of"Support Our Law Enforcement"committee have designated the week of May 13, 2007 as "BLUE RIBBON WEEK"- and WHEREAS, "BLUE RIBBON WEEK"is intended to he a show of confidence for all peace officers and law enforcement agencies from the general public and to provide a �e tremendous morale booster for all the dedicated men and-women wearing a badge for the protection of our community; and WHEREAS, each citizen displaying a blue ribbon during the week of May 13, 2007, will demonstrate support for every police agency now serving the Cities and County of San Bernardino; NOW, THEREFORE, the City Council of the City of Grand Terrace, does, hereby proclaim the week of May 13, 2007, as "BLUE RIBBON WEEK"in recognition and support EP of all peace officers and law enforcement agencies. This 24"' day of April, 2007. Mayor Ferri Mayor Pro Tem Garcia Y <Z— Council Member Cortes Council Member Miller CouncilMeynher Buchanan n- 0- pp� k07__�j AA K NA A'A V/ IVI kJ U Check Registe—meted April 10, 1007 vchlist Voucher List Page: 1 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59243 3/26/2007' 010607 VICTORYSTORE.COM 34856 . Hand Held Novelty Fans-GT Days- 23-200-12-00 547.24 Total : 547.24 59244 3/26/2007 001907 COSTCO.#478 1691 C. CARE SUPPLIES 10-440-228-000-000 92.80 10-440-220-000-000 46.17 Total : 138.97 .59245 3/26/2007 001206 ARROWHEAD CREDIT UNION FEB-MARCH February-March City Visa Charges 32-200-210-000-000 61.09 10-110-270-000-000 287.67 10A 20-210-000-000 54.10 10-120-270-000-000 691.96 10-125-270-000-000 379.47 10-172-210-000-0,00 108.21 10-180-210-000-000 243.49 10-180-246-000-000 88.65 10-180-268-000-000 42.48 10-180-272-000-000 81.38 10-190-220-000-000 265.20 ' 10-440-228-000-000 11.85 23-200-14-00 148.79 Total : 2,464.34 59246 3/27/2007 005702 PUBLIC EMPLOYEES' RETIREMENT 03272007 CONTRIBUTIONS FOR P/R END 3/9/07 10-022-62-00 18,586.42 Total : 18,586.42 59247 3/27/2007 005452 PACIFICARE OF CALIFORNIA 1001577789 APRIL HEALTH INS COUNCIL AGENDA ITEM NO.�' Page: 1 vchlist Voucher List Page: 2 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 59247 3/27/2007 005452 PACIFICARE OF CALIFORNIA (Continued) 10-120-142-000-000 929.71 10-125-142-000-000 570.80 10-140-142-000-000 1,152.51 10-172-142-000-000 149.68 10-175-142-000-000 104.11 10-180-142-000-000 1,101.06 10-370-142-000-000 902.25 10-380-142-000-000 310.26 10-440-142-000-000 849.69 10-450-142-000-000 390:81 21-572-142-000-000 350.27 32-370-142-000-000 251.23 34-400-142-000-000 499.73 34-800-142-000-000 260.54 10-022-61-00 8,147.24 Total : 15,969.89 59248 3/27/2007 010180 SECRETARY OF STATE 03282007 State Comm. Fee:Notary Exam-T. Martinez 10-125-270-0007000 40.00 Total : 40.00 59249 3/29/2007 010729 DAVID LEONARD ASSOCIATES 3-29-07 Specific Plan Preparation-Senior Villas 34-500-726-000-000 2,420.92 Total : 2,420.92 59250 4/3/2007 004587 MANAGED HEALTH NETWORK R147020 APRIL MHN Page: 2 vchlist 'Voucher List Page: 3 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59250 4/3/2007 004587 MANAGED HEALTH NETWORK (Continued) 10-120-142-000-000 17.83 10-125-142-000-000 11.89 10-140-142-000-000 17.84 10-172-142-000-000 2.70 10-175-142-000-000 1.83 •10-180-142-000-000 27.90 10-370-142-000-000 12.70 10-380-142-000-000 5.04 10-440-142-000-000 136.75 10-450-142-000-000 8.67 .21-572-142--000-000 5.94 32-370-142-000-000 3.27.- 34-400-142-000-000 10.26 34-800-142-000-000 9.98 CIO Total : 273.50 59251 4/3/2007 006772 STANDARD INSURANCE COMPANY April, 2007 APRIL LIFE&STD INS. 34-800-142-000-000 16.68 10-120-142-000-000 20.85 10-125-142-000-000 13.90 10-140-142-000-000 20.85- 10-172-142-000-000 3.13 10A 75-142-000-000' 2.09 10-180-142-000-000 27.86 10-370-142-000-000 14.28 10-380-142-000-000 6.95 10-440-142-000-000 68.25 10-456-142-000-000 10.43 21-572-142-000-000 6.33 32-370-142-000-000 3.92, 34-400-142-0007000 10.08 Total : .225.66 59252 4/3/2007 010731 STANDARD INSURANCE COMPANY Apr 00513170 01 APRIL PRODENT DENTAL INSURANCE 10-022-61-00 935.56 10-110-120-000-000 44.08 Page: 3 vchlist Voucher List Page: 4 04/04/2007 2:09:66PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date .Vendor Invoice Description/Account Amount 59252 4/3/2007 010731 STANDARD INSURANCE COMPANY (Continued) Total : 979.64 59253 4/3/2007 010367 LOMA LINDA UNIV. HEALTH CARE EG07778018 NEW HIRE EXAMS & EMPLEE ILLNESS/INJURIES 10-190-224-000-000 108.00 Total : 108.00 59254 4/4/2007 006772 STANDARD INSURANCE COMPANY -April, 2007 APRIL STD INSURANCE 10-022-63-00 1,183.95 Total : 1,183.95 59255 4/4/2007 010733 INLAND-EMPIRE PRAYER BREAKFAST 05032007 Prayer Breakfast-Schwab,Verhelle,Berry 10-1.20-270-000-000 36.00 10-180-270-000-000 18.00 Total : 54.00 59256 4/4/2007 003490 INMARK/VICTOR 42074 Name Badges-Historical Committee 10-804-210=000-000 51.91 Total : 51.91 59257 4/10/2007 010732 1ADVANCED APPRAISAL, INC. 116727111 Appraisal:12569 Michigan Street 34-700-709-000-000 350.00 Total : 350.00 59258 4/10/2007 001001 AA EQUIPMENT CO. INC. 097362000 EQUIP. MAINTENANCE- 10-450-246-000-000 95.04 Total : 95.04 59259 4/10/2007 010685 ABDULLAH, MIRIAM 1ST QTR 07 1st Quarter Medical Reimbursement 10-440-139-000-000 832.13 Total : 832.13 59260 4/10/2007 010563 ALLDREDGE, AMINA 1ST QTR 2007 1st Quarter Medical Reimbursement 10-120-139-000-000 500.00 Total : 500.00 59261 4/10/2007 010730 ALLIANT INSURANCE SERVICES, ATTN 1898943 Insurance Coverage-GT Days 2007 23-200-12-00 789.06 Page: 4 r 1 vchlist Voucher List Page: 5 04/0412007 2:09:66PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor ' Invoice Description/Account Amount 59261 4/10/2007 010730 ALLIANT INSURANCE SERVICES,ATTN/(Continued) Total : 789.06 59262 4/10/2007 010273 AMERICAN ASPHALT SOUTH INC. 606-071 Retention Payment-Slurry Seal Project 16-900-260-000-000 7,833.70 Total : 7,833.70 59263 4/10/2007 010678 ARCHIVE MANAGEMENT SERVICE 0047363 TAPE STORAGE 10-140-250-000-000 55.88 10-180-250-000-000 55.37 Total : 110.76 59264 4/10/2007 001213 AT&T MARCH March dsl Charges-Child Care Center 10-440-235-000-000 67.81 Total : 67.81 59265 4/10/2007 010293 AVAYA, INC. 2725196812 March Voice Mail/Phone Maintenance 10-190-246-000-000 103.46 Total :. 103.46 Cn 59266 4/10/2007 001383 BARR DOOR INC. 9869 Pico Park Theft Damage Door Repair 10-450-246-000-000 251.62 Total : 251.62 59267 4/10/2007 010070 BEARDSLEY, KEVIN 03272007' Council Camera Op. 10/26/06-3/27/07 10-125-250-000-000 350.00 Total : 350.00 59268 4/10/2007 010716 BED TECH 1218 SPRAY ON BEDLINER 10-450-705-000=000 2,40.5.00 Total : 2,405.00 59269 4/10/2007 010728 BIG MAMA'S HOT DOGS, LAWRENCE SA 04032007 Refunds: Bus. License/Gt Days App. 10-200-03 50.00 23-200-12-00 75.00 Total : 125.00 59270 4/10/2007 010060 BOUSTEDT, MICHELLE 1ST QTR 2007 1st Quarter Medical Reimbursement . 10-140-139-000-000 140.94 Page: 5 vchlist Voucher List Page: 6 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59270 4/10/2007 010060 BOUSTEDT, MICHELLE (Continued) Total : 140.94 59271 4/10/2007 001713 CA. DEPT. OF TRANSPORTATION 177107 Feb. 1-215 Frwy. Signal Maintenance 16-510-238-000-000 215.65 Total : 215.65 59272 4/10/2007 001666 CA. MUNICIPAL TREASURERS ASSOC 58879 2007-2008 Dues-T. Schwab/L. Ronnow 10-140-265-000-000 75.00 10-120-265-000-000 75.00 Total : 150.00 59273 4/10/2007 001810 CITY NEWSPAPER GROUP 942 LEGAL ADVERTISING 10-125-230-000-000- 446.78 Total : 446.78 59274._,--- 4/10/2007 001840 CITY OF COLTON 000697 ANIMAL CONTROL CODE ENFORCEMENT 10-190-256-000-000 3,456.24 Total : 3,456.24 r) 59275 4/10/2007 010702 CITY OF YUCAIPA 1787 Perchlorate Fee Litigation Svc/Materials, 10-160-250-000-000 272.48 Total : 272.4.8 59276 4/10/2007 001867 COMMERCIAL LANDSCAPE SUPPLY 148285 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 444.16 Total : 444.16 59277 4/10/2007 010718 CORDOVA, JERINA 1ST QTR 2007 1st Quarter Medical Reimbursement 10-370-139-000-000 419.00 Total: 419.00 59278 4/10/2007 010405 CORPORATION FOR BETTER HOUSING 9 Draw#9 Senior Housing Project 34-500-726-000-000 117,764.99 Total :' 117,764.99 59279 4/10/2007 010711 DANKA FINANCIAL SERVICES DANKA FINANC MAY LEASE PAYMENT-TOSHIBA COPIER SYSTEP i Page: 6 vchlist ;;.,ocher List '' Page: 7 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59279 4/10/2007 .010711 DANKA FINANCIAL SERVICES (Continued) 10-175-246-000-000 31.62 34-400-246-000-000 63.24 10-172-246-000-000 63.24 - Total : 158.10 59280 4/10/2007 001950 DATA QUICK BI-960552 February Subscription Service 10-380-250-000-000 43.16 21-572-246-000-000 43.17 34-800-220-000-000 43.17 Total : 129.50 59281 4/10/2007 001942 DATA TICKET INC. 20256 MONTHLY PARKING CITE PROCESSING 10-140-255-000-000 100.00 Total : 100.00 59282 4/10/2007 003210 DEPT 32-2500233683 006910101-5111 Matinenance Vehicle Maint/Repair 10-180 272-000-000 64.24 0277660060903 MAINT SUPPLIES 10-440-245-000-000 25.17 4311593 Refund on 14.4 Volt Battery 10-180-245-000-000 -74.35- Total : 15.06 59283 4/10/2007 002165 DRUG ALTERNATIVE PROGRAM 6639 WEED CONTROL-PARKS 10-450-245-000-000 500.00 Total : 500.00 59284 4/10/2007 010115 DUENES, MARION 1ST QTR 2007 1st Quarter Medical Reimbursement 10-440-139-000-000 610.85 Total : 610.'86 59285 4/10/2007 002673 FLANN,ALISA 1ST QTR 2007 list Quarter Medical Reimbursement 10-172-139-000-000 330.14 Total : 330.74 59286 4/10/2007 002727 FREEMAN COMPANY, J R 352885-0 OFFICE SUPPLIES- 10-125-210-000-000 149.99 Page: 7 vchlist Voucher List Page: 8 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59286 4/10/2007 002727 FREEMAN COMPANY, J R (Continued) Total : 149.99 59287 4/10/2007 002740 FRUIT GROWERS SUPPLY 32085930 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 113.78 32085989 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 9.45 32086933 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 47.35 32086944 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 23.36 Total : 193.94 59288 4/10/2007010258 GMAC PAYMENT PROCESSING CENTER 024910315936-/ LEASE 2007 TAHOE-- 10-120-273-000-000 554.07 Total : 554.07 59289 4/10/2007 002867 GOLDEN PROTECTIVE SERVICES 96206 RUBBER GLOVES 10-440-228-000-000 92.45 _ Total : 92.45 CIO59290 4/10/2007 010181 GOPHER PATROL 128381 Gopher Treatment-Child Care Center 10-440-245-0007000 145.00 Total : - 145.00 59291 4/10/2007 010425 GRAND TERRACE MARTIAL ARTS 030107 March Martial Arts Class Dues 10-430-27 1,036.42 Total : 1,036.42 59292 4/10/2007 010559 GST-JAGUAR RVI301839 SCSIInstallation 10-380-249-000-000 1,892.09 Total : 1,892.09 59293 4/10/2007 003224 HYDRO-SCAPE PRODUCTS INC. 04837206-01 Park Maintenance Supplies 10-450-245-000;000 65.14 04837206-01A LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 46.85 Total : 111.99 Page: 8 vchlist Voucher List _ Page: 9 04/04/2007 2:09:56PM • CITY OF,GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59294 4/10/2007 006880 IDENTIX IDENTIFICATION SRVS 03272007 Fingerprint Fees-M.Avila 10-440-228-000-000 -97.00 Total : -97.00 59295 4/10/2007 010290 KAISER PERMANENTE 264428204 HEALTH INS.-LEE ANN GARCIA 10-110-142-000-000 290.51 1.0-110-120-000-000 138.49 Total : 429.00 59296 4/10/2007 010734 KIEFER, KIRSTEN 1ST QTR 2007 1st Quarter Medical Reimbursement 10-440-139-000=000 500.00 Total : 500.00 59297 4/10/2007 004320 LAWNMOWER CENTER 4661 LAWNMOWER/TRIMMER REPAIRS 10-180-246-000-000 .9.69 Total : 9.69 59298 4/10/2007 004370 LELAND NURSERY 337010 PLANTS/SUPPLIES 10-450-245-000-000 20.20 Total : 20.20 � j 59299 4/10/2007 005555 LUNSFORD, PATRICIA 1ST QTR 2007 1st Quarter Medical Reimbursement, _ 10-140=139=000-000 500.00 Total : 500.00 59300 4/10/2007 004589 MARTINEZ, TRACEY 1ST QTR 2007 1st Qtr Medical Reimbursement 10=125-139-000-000 428.00 Total : 428.00 59301 4/10/2007 010669 MERRY MAIDS 88 MONTHLY CLEANING- 34-400-246-000-000 125.00 Total 125.00 59302 4/10/2007 005586 PETTY,CASH 03312007 Child Care Petty Cash Replenishment 10-440-221-000-000 20.20 10-440-223-000-000 89.12 10-440-228-000-000 82.55 Page: 9 vchlist Voucher List Page: 10 04/04/2007 2:09:56PM CITY OlF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59302 4/10/2007 005586 PETTY CASH (Continued)' Total: 191.87 59303 4/10/2007 010657 PROGRESSIVE SOLUTIONS 35654 ANNUAL SOFTWARE MAINTENANCE-ANIMAL, 10-140-246-000-000 1,066.68 10-185-246-000-000 533.34 10-180-246-000-000 533.34 10-190-246-060-000 668.03 Total : 2,801.39 59304 4/10/2007 010208 RATELLE, DAZE&ASSOCIATES 03012007 MO. CONSULTING SERVICES 21-573-255-000-000 -1,980.00 Total : 1,980.00 59305 4/10/2007 010723 RICHARD POPE&ASSOCIATES 3596 POCKET PARK PLANS DEBERRY/MT. VERNON 13-445-707-000-000 2,052.86 3603 POCKET PARK PLANS DEBERRY/MT.VERNON 13-445-707-000-000 3,018.00 Total: 5,070.86 Z> 59306 4/10/2007 010620 -RIDGEL, LYNETTE. 1ST QTR 2007 1st Quarter Medical Reimbursement 10=440-139-000-000 519.25 Total : 519.25 59307 4/10/2007 006242 RIVCOMM LLC 101118 Svc Calls: Street Sweep/Code Enf Veh. 16-900-254-000-000 461.13 34-.800-272-000-000 1,157.09 Total : 1,618.22 59308 4/10/2007 006285 RIVERSIDE HIGHLAND WATER CO 2247 FY 06/07 SEWER BILLING 21-572-255-000-000 1,577.89 Total : 1,577.89 59309 4/10/2007 006335 ROQUET PAVING INC. 0104-7 Rollins Park-Brick Inst./Bedding Sand 10-450-245-000-000 904.15 0204-07 VIVIENDA/LACROSS ROAD MAINTENANCE 46-200-269-000-000 301,492.12 0308-07 MICHIGAN REPAIRS 16-900-260-000-000_ _ 12;113.50 Page: 10 l , vchlist Voucher List Page: 11 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59309 4/10/2007 006335 ROQUET PAVING INC. (Continued) 1006-06-7 Bid Bond Reimb.-Mt. Vernon/Barton/Canal 23-302-19-00 43,566.80 Total : 358,076.57 59310 4/10/2007 006451. S.B. COUNTY ASSESSOR 101647 Map Revisions-Sept 06-Feb 07 10-370-220-000-000 24.00 Total : 24.00 59311 4/10/2007 006504 S.B. FIRE DEPT./HAZ.MATERIAL GT407CC FY 06/07 HOUSEHOLD HAZ. WASTE SERVICE 10=190-258-000-000 2,775.75 Total : 2,775:75 ` 59312 4/10/2007 006435 SAN BERNARDINO, CITY OF 2042 FY 06/07 ANIMAL-SHELTER SERVICES 10-190-256-000-000 332.50 Total : 332.50 59313 4/10/2007 010604 SHIELDS, RICHARD 01162007 Travel Reimbursement-Conference 3/2007 10-175-270-000-000 191.00 Total : 191.00 i 59314 4/10/2007 006681 SMART& FINAL 845160B CARNIVAL SUPPLIES- - 23-200-14-00 129.21 Total : 129.21 59315 4/10/2007 007005 SO CAL LOCKSMITH 110480A- Unpaid Sales Tax on Inv#110480 10-450-245-000-000 6.42 Total : 6.42 59316 4/10/2007 006720 SO.CA.EDISON COMPANY SCE MARCH UTILITY CHARGES 10-1-90-238-000-000 2,262.00 10-175-238-000-000 28.38 10-172-238-000-000 35.48 10-450=238-000-000 1,734.10 15-500-601-000-000 23.62 16-510-238-000-000 237.85 34-400-238-000-000 78.06 10-440-238-000-000 742.40 Page: 11 vchlist Voucher List Page: 12 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59316 4/10/2007 006720 SO.CA.EDISON COMPANY (Continued) Total : 6,141.89 59317 4/10/2007 006778 STAPLES CREDIT PLAN 023000 Misc. Office Supplies-Code Enforcement 34-800-210-000-000 63.57 3130398811000 Misc. Office Supplies/Copy Paper 10-140-210-000-000 113.44 10-190-212-000-000 69.80 Total : 246.81 59318 4/10/2007 006898 SYSCO FOOD SERVICES OF L.A. 703210457 FOOD SUPPLIES-LUNCHES&SNACKS 10-440-220-000-000 7.86 703210458 FOOD SUPPLIES-LUNCHES &SNACKS 10-440-220-000-000 604:13 Total : 611.99 5931V ' 4/10/2007 010712 TASO TECH, INC. 17 Finance Counter PC Support Services 10-140-250-000-000 105.00 51 Support PSI Install for Code Enf. Dept 10-185-701-000-000 105.00 J. Total : 210.00 &O 59320 4/10/2007 010586 THE JAMIESON GROUP 2007.27 CONTRACTUAL SERVICES - 32-370-250-000'-000 5,780.00 Total : 5,780.00 59321- 4/10/2007 010443 THE TROPHY STORE 03222007 Employee of the Month Plaque 10-440-228-000-000 104.74 Total : 104.74 59322 4/10/2007 010252 TRAFFIC OPERATIONS INC. 7070 Bike Lane Stencil-Main to DeBerry 16-900-260-000-000 214.40 Total : 214.40 59323 4/10/2007 007034 TRANSPORTATION ENGINEERING 633 TRAFFIC ENGINEERING CONSULTING 10-180-255-000-000 3,645.00 642 TRAFFIC ENGINEERING CONSULTING 10-180-255-000-000 3,432.95 Page: 12 1 vchlist Voucher List Page: 13 04/04/2007 2:09:56PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 59323 4/10/2007 007034 TRANSPORTATION ENGINEERING (Continued) 642A Barton Road Bike Project Consultinq 44-200-622-000-000 270.00 649 06/07 TRAFF. ENG., GRANTS, CIRC. ELEMENT 10-370-255-000-000 1,29.0.00 650 TRAFFIC ENGINEERING CONSULTING 10-180-255-000-000 .2,620.50 Total : 11,258.45 59324 4/10/2007 010038 VERHELLE, JO A. 1ST QTR 2007 1st Quarter Medical Reimbursement r 10-120-139-000-000 500.00 Total : 500.00 59325 4/10/2007 001038 VERIZON WIRELESS-LA 2125416802 Feb-Mar Service-Bldq&Safety Dept 34-400-235-000-000 142.40 _ Total : 142.40 59326 4/10/2007 007845 W. E. C. ELECTRIC INC. 15907 Install outlet-City Hall Computer Room 10-180-246-000-000 595.00 15996 8 400WATT BSKTBALL CT LIGHTS-PICO PARK 10-450-246-000-000 2,640.00 Total : 3,235.00 59327 4/10/2007 007880 WEST GROUP 813333473 FY 06/07 CA CODE UPDATES 10-125-250-000-000 155.97 -Total : 155.97 59328 4/10/2007 007984 YOSEMITE WATERS January BOTTLED WATER 10-190-238-000-000 78.60 10-440-238-000-060 92.05 10-805-238-000-000 13.15 34-400-238-000-000 7.20 Total : 191.00 86 Vouchers for bank code: bofa Bank total : 591,384.86 86 Vouchers in this report Total vouchers : 591,384.86 Page: 13 vchlist Voucher List Page: 14 04/04/2007 2:09:56PM. CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount I certify that to the best of my knowledge, the afore-ligtied checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary acid appropriate for the operation of City and Agency. L ry Ronnow, Finance Director Page: 14 Check Register Dated April 24, 2007 vchlist Voucher List Page: 1 04/18/2007 6:04:33PM CITY'OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59329 4/5/2007 005555 LUNSFORD, PATRICIA 04282007 BIRTHDAY BONUS 10-140-110-000-000 50.00 Total : 50.00 59330 4/5/2007 007579 VARELA, CATALINA 04072007 Birthday Bonus 10-440-110-000-000 50.00 Total : 50.00 59331 4/5/2007 010620 RIDGEL, LYNETTE 04202007 Birthday Bonus 10-440-110-000-000 50.00 Total : 50.00 59332 4/10/2007 003210 DEPT,32-2500233683 0084229020099 MAINT SUPPLIES 10-180-245-000-000 167.71 008903915324 MAINT SUPPLIES 10-440-245-000-000 14.47 0091628277657 MAINT SUPPLIES 10-180-245-000-000 15.02 16-900-254-000-000 18.30 0142593048530 MAINT SUPPLIES a 10-440-245-000-000 36.58 S,�l 0210236049124 MAINT SUPPLIES 10-180-246-000-000 17.16 0229145021453 MAINT SUPPLIES 10-180-218-000-000 12.15 0277550017001- MAINT SUPPLIES 10-450-245-000-000 16.39 Total : 297.78 59333 4/10/2007 005702 PUBLIC EMPLOYEES' RETIREMENT PRend3/23/07 Contributions for PRend 3/23/07 10-022-62-00 18,419.23 Total : 18,419.23 59334 4/11/2007 010050 SOUTHERN CALIFORNIA EDISON 6931-2350, 521" Signal Installation-Barton/Honey Hill 11-915-702-000-000 1,007.42 Page: 1 vchlist Voucher List Page: 2 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59334 4/11/2007 010050 SOUTHERN CALIFORNIA EDISON (Continued) Total : 1,007.42 59335 4/11/2007 010546 MPOWER COMMUNICATIONS 387767APRIL April Phone Charges 10-440-235-000-000 305.51 10-805-235-000-000 32.54 - 10-450-235-000-000 36.16 Total : 368.21 59336 4/11/2007 010546 MPOWER COMMUNICATIONS 381798APRIL April Utility Phone Charges 10-190-235-000-000 1,068.56 10-380-235-000-000 200.00 10=808-235-000-000 65.71 Total : 1,334.27 59337 4/12/2007 010323 ALL PET FEED&TACK 256 Straw Delivery for Child Care Snow Day 23-200-14-00 187.25 Total : 187.25 59338 4/12/2007 010297 CHINO ICE 21258 Snow Delivery-Child.Care Snow Day 23-200-14-00 1,596.69 { Total : 1,596.69 J-: 59339 4/12/2007 006315 ROLLINS, RICHARD MARCH2O07 March Open/Close Parks-Rollins/Pico - 10-450-245-000-000 961.00 Total : 961.00 59340 4/16/2007 010733 INLAND EMPIRE PRAYER BREAKFAST 041107 Reservation-L. Garcia for 05/03/07 10-110-210-000-000 18.00 Total : 18.00 59341 4/16/2007 010367 LOMA LINDA UNIV. HEALTH CARE EG07778018 NEW HIRE EXAMS & EMPLEE ILLNESS/INJURIES 10-190-224-000-000 535.00 Total : 535.00 59342 4/16/2007 001907 COSTCO#478 1698 C. CARE SUPPLIES 10-440-228-000-000 94.37 10-440-220-000-000 45.13 Page: 2 1 ` vchlist .jucher List Page: 3 04/18/2007 5:04:33PM CITY OF-GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59342 4/16/2007 001901 COSTCO#478 (Continued)- Total : 139.50 59343 4/16/2007 010164 GREAT-WEST MARCH2O07 March Emp. Deferred Comp Contribution 10-022-63-00 3,894.31 10-022-64-00 3,373.96 Total : 7,268.27 59344 4/17/2007 010737 WESTERN DENTAL SERVICES INC. April Western DE EMPLOYEE DENTAL INSURANCE 10-022-61-00 86.65 - Total : .86.65 59345 4/17/2007 003420 INLAND COUNTIES INSURANCE SVCS Safeguard Dentc APRIL EMPLOYEE DENTAL/VISION INSURANCE 10-022-61-00 - 371.07 Total : 371.07 59346 4/24/2007 010009 AARON'S SIGNS & BANNERS 102006 Digital Cork& .4 mil Signs-S. Berry - _10-180-220-000-000 178.45 Total : 178.45 59347 4/24/2007 001024 ACCENT PRINT& DESIGN 252163 NEWSLETTER PRINTING 10-805-222-000-000 77.58 Total : 77.68 .,,,i.59348 4/24/2007 001072 ADT SECURITY SERVICES 46246852 C. CARE MONITORING#01300119814767 10-440-247-000-000 375.00 Total : 375.00 59349 4/24/2007 010418 AGUDO, ANGEL 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement 10-180-139-000-000 1,750.00 Total : 1,750.00 59350 4/24/2007 010308 AMERICAN ROTARY BROOM CO. INC 248959 Broom replacements for Sweeper 16-900-254-000-000 173.77 Total : 173.77 59351 4/24/2007 001206 ARROWHEAD CREDIT UNION MARCH-APRIL: March-April 2007 City Visa Charges Page:" 3 vchlist Voucher List Page: 4 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa 'Voucher Date Vendor Invoice Description/Account Amount 59351 4/24/2007 001206 ARROWHEAD CREDIT UNION (Continued) 10-110-270-000-000 466.92 10-120-210-000-000 11.74 10-125-270-000-000 357.51 10-140-270-00.0-000 413.78 10-172-268-000-000 75.00 10-172-270-000-000 1,003.50 10-180-210-000-000 16:00. 10-180-245-000-000 171.30 10-180-246-000-000 164.05 10-180-268-000-000 59.91 10-180-270-000-000 43.79 10-185-210-000-000 15:99 10-185-219-000-000 181.01 10-185-101-000-000 288.13 10-190-220-000-000 95.31 10-380-249-000-000 10.78 10-440-210-000-000 88.53 10-440-221-000-000 21.20 10-440-223-000-000 129.90 10-440-228-000-000 123.36 10-440-270-000-000 120.96 16-000-220-000-000 137.48 23-200-12-00 1,406.96 23-200-14-00 368.40 32-200-210-000-000 27.90 Total : 5,799.41 59352 4/24/2007 001365 BARBU, DRAGOS S. 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement 10-180-139-000-000 _ 456.00 Total : 456.00 59353 4/24/2007 010125 BATES, DAWN 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement - 10-440-139-000-000 500.00 Total : 500.00 59354 4/24/2007 001391 BERRY, STEVE 1 ST QTR 2007 1 st Qtr 2007 Medical Reimbursement j Page: 4 vchlist oucher List Page: 5 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59354 4/24/2007 001391 BERRY, STEVE (Continued) 10-180-139-000-000 190.00 507570., Parking Reimbursement-S. Berry 10-1,80-270-000-000 30.00 Total : 220.00 59355 4/24/2007 001488 BUCHANAN, DAN APRIL April Council Stipend Payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 - Total : 400.00 59356 4/24/2007 001498 CALBO 2007-2008 2007-2008 Membership-dues-R. Shields 10-172-265-000-000 215.00 Total : 215.00 59357 �O"4/24/2007 001739 CENTRAL CITY SIGN SERVICE 31465 Stop Signs 16-900-220-000-000. 353.96 -Total : 353.96 59358 4/24/2007 010218 CHEVRON &TEXACO CARD SERVICES 7898191957704 March Maint. Fuel Vehicle Charges 10-180-272-000-000 11-498.65 34-800-272-000-000 42.30- :y Total : 1,540.95 59359 4/24/2007 001810 CITY NEWSPAPER GROUP 1305 LEGAL ADVERTISING 10-125-230-000-000 71.23 1394 PUBLICATION OF PUBLIC HRG NOTICES 10-370-230-000-000 135.98 Total : 207.21 59360 4/24/2007 001840 CITY OF COLTON 000698 ANIMAL CONTROL CODE ENFORCEMENT 10-190-256-000-000 3,456.24 000703 ANIMAL CONTROL CODE ENFORCEMENT 10-190-256-000-000 3,456.24 Total: 6,912.48 59361 4/24/2007 001867 COMMERCIAL LANDSCAPE SUPPLY 148471 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000 10.73 Page: 5 vchlist Voucher List Page: 6 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account, Amount 59361 4/24/2007 001867 COMMERCIAL LANDSCAPE SUPPLY (Continued) ` - 148832 LAN DSCAPE/MAI NTSUPPLIES 10-450-245-000-000 356.17 149096 LANDSCAPE/MAINT SUPPLIES 10-450-245-000-000_ 78.02 Total : 444.92 59362 4/24/2007 010147 CORTES,.BEA 04092007 Mileage Reimbursement 10-110-270-000-000 188.18 APRIL - April Council Stipend Payment 32-200-120-000-000 150.00 10-110-120-000-000 205.92 Total : 544.10 59363 4/24/2007 001907 COSTCO#478 1701 C. CARE SUPPLIES - 10-440-228-000-000 183.90 10440-220-000-000 93.95 Total : 277.85 59364 4/24/2007 010144 CRUZ, MICHAEL 1 ST QTR 2007 1st Qtr 2007 Medical Reimbursement 10-180-1397000-000 500.00 Total : 500.00 59365 4/24/2007 001937 DANKA OFFICE IMAGING COMPANY 705348642 2nd quarter base charges 10-172-246-000-000 30.00 10-175-24&000-000 15.00 34-400-246-000-000 30.00 Total : 75.00 59366 4/24/2007 003210 DEPT 32-2500233683 011964-503602E Misc. Tools/Supplies 10-180-218-000-000 593.37 10-180-246-000-000 26.51 Total : 619.88 59367 4/24/2007 010595 EARTHWORKS SOIL AMENDMENTS 43715 Walk-on Chips for Playground areas 10-450-245-000-000 690.40 Total : 690.40 Page: 6 ' r- vchlist - .�..cher List Page: 7 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59368 4/24/2007 010537 EXECUTIVE SERVICES 1764 FY 06/07 CITY HALL CLEANING SERVICE 10-180-255-000-000 1,125.00 1811 March Janitorial Supplies 10-180-255-000-000 170.67 Total : 1,,295.67 59369, 4/24/2007 002450 FERRE', MARYETTA APRIL April Council Stipend Payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 59370 4/2.4/2007 002721 FRITTS FORD FLEET CENTER Q88159 VEHICLE MAINT 10-180-272-000-000 47.63 Q89378 VEHICLE MAINT 10-180-272-000-000 478.11 Total : 525.74 59371 4/24/2007 002740 FRUIT GROWERS SUPPLY 32085830 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 5.32 32086535 PK MAINT, EQUIP MAINT&SWEEPER'SUPPLIES 10-450-245-000-000 13.24 As 32086692 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 65.94 32087016 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 29.94 32087053 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 10.56 425073R3 PK MAINT, EQUIP MAINT& SWEEPER SUPPLIES 10-450-245-000-000 22.07 425751 R3 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-245-000-000 24.26 426425R3 PK MAINT, EQUIP MAINT&SWEEPER SUPPLIES 10-450-246-000-000 4.27 426425R3A Misc Park Supplies 10-450-246-000-000 10.79 Total : 186.39 Page: 7 vchlist Voucher List Page: 8 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account, Amount 59372 4/24/2007 002901 G.T. AREA CHAMBER OF COMMERCE 4477-LUNCH March Chamber Luncheon-S. Berry 10-180-270-000-000 8.00 Total : 8.00 59373 4/24/2007 002795 GARCIA, LEE ANN APRIL April Council Stipend Payment 32-200-120-000-000 150.00 10-110-120-000-000 179.26 Total : 329.26 59374 4/24/2007 010572 GARCIA, RICHARD 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement 10-370-139-000-000 443.00 Total : 443.00 59375 4/24/2007 010425 GOLDEN TIGER MARTIAL ARTS O40107 April Martial Arts Class Dues 10-430-27 917.00 Total : 917.00 59376 4/24/2007 010181 GOPHER PATROL 129222 GOPHER CONTROL AT PARKS 10-450-245-000-00G 465.00 Total : 465.00 ,59377 4/24/2007 01,0559 GST-JAGUAR 44790 WEBSITE HOSTING 10-180-255-000-000 75.00 Total : 75.00 59378 4/24/2007 010736 H &H CONSTRUCTION 04102007 Refund of Land Use App Fees. 10-420-10 50.00 Total : 50.00 59379 4/24/2007 003152 HARPER&BURNS LLPN 04042007 March Litigation Services 10-160-250-000-000 4,120.00 Total: 4,120.00 59380 4/24/2007 010632 HIGH TECH SECURITY SYSTEMS 75204 Aug-May Pico Park Security Monitor Svc 10-450-246-000-000 210.00 75205 Aug-May Rollins Park Security Monitor 10-450-246-000-000 210.00 =� Page: 8 i � f vchlist Voucher List Page: 9 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59380 4/24/2007 010632 HIGH TECH SECURITY SYSTEMS (Continued) 75216 Nov-May City Hall Monitoring Service 10-180-246-000-000 195.00 Total.: 615.00 59381 4/24/2007 003224 HYDRO-SCAPE PRODUCTS INC. 04910694-00 Misc Supplies-Parks. 10-450-245-000-000 27,27 04910725-00 Misc. Landscape Supplies - 10-450-245-000-000 49•89 Total : 77.16 59382 4/24/2007 006880 IDENTIX IDENTIFICATION SRVS O40420,07 New Employee fingerprinting-A. Carr 10-440-228-000-000 97.00 Total : 97.00 59383 �ft24/2007 010124 JACKSON, CANDICE 1ST QTR 2007 1st Qtr. Medical Reimbursement 10-440-139-000-000 502.54 Total : 502.64 1159384 4/24/2007 ,003850 JANWING LAX04070052 C. CARE NIGHTLY BLDG CLEANING &CARPETS W 10-440=244-000-000 815.00 Total : 815.00- 59385 4/2'4/2007 003867 K. D. SALES 165248 Misc, Plumbing supplies-Parks 10-450-245-000-000 3.65 10-180-246-000-000 13.99 - 165248A MAINT SUPPLIES 10-450-245-000-000 200.00 Total : 217.64 59386 4/24/2007 004301 LAMPE, JOHN W. 1 ST QTR 2007 1 st Qtr 2007 Medical Reimbursement 10-370-139-000-000 315.00 Total : 315.00 59387 4/24/2007 004320 LAWNMOWER CENTER- 4616 Toro Lawmower/Trigger/Muffler Cover 10-180-246-000-000 1,244.48 Total : 1,244.48 Page: 9 vchlist Voucher List Page: 10 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59388 4/24/2007 010735 MATTISON, JAN 10131547207 Tree Purchase Reimbursement 10-450-245-000-000 100.00 Total : 100.00 59389 4/24/2007 010013 MAURICIO, VERA 1ST QTR 2007 1st Qtr 2007 Medical-Reimbursement 10-440A 39-000-000 -500.00 Total : 500.00 59390 4/24/2007 006780 MESA, BRENDA 1ST QTR 2007 1st Qtr Medical Reimbursement 10-125-139-000-000 500.00 Total : 600.00 59391 4/24/2007 010446 MILLER, JIM APRIL April Council Stipend Payment 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 59392 4/24/2007 010626 MO.NTES, MARIA 1ST'QTR 2007 1st Qtr 2007 Medical Reimbursement 10-180-139,000-000 50.00 Total : 50.00 .1\59393 4/24/2007 004785 MULLINS, MICHAEL 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement ` 10A 80-139-000-000 90.00 Total : 90.00 59394 4/24/2007 010097 NEXTEL COMMUNICATIONS 410575025-055 Feb-March Cell Phone-Maint/Child Care 10-180-240-000-000 341.07 10-440-235-000-000 54.31 Total': 396.38 59395 4/24/2007 010530 NORTHERN SAFETY CO. INC. P173397400010 Safety glasses-Maint./Code Enforcement 10-180-218-000-000 115.17 34-800-218-000-000 68.03 Total : 183.20 59396 4/24/2007 001456 OFFICE MAX-A BOISE COMPANY 182217 . Misc Office Supplies-City Mngr's Dept. 10-120-210-000-000 235.91 Page: 10 1 vchlist Voucher List Page: 11 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59396 4/24/2007 001456 OFFICE MAX-A BOISE COMPANY (Continued) 891241 Misc. Office Supplies-City Mngr's Dept 10-120-210-000-000 5.48 Total.: 241.39 '59397 4/24/2007 005586 PETTY CASH 041507 Petty Cash Reimbursement-Child Care 10-440-228-000-000 93.65 10-440-223-000-000 95.80 10-440-221-000-000 17.66 Total : 207.11 59398 4/24/2007 00566.3 PRECIE, DENNICE 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement 10-440-139-000-000 248.66 Total : 248.66 59399 :--X4/24/2007 005688 _ PROTECTION ONE 030307 _ 2nd Qtr 2007 Alarm Monitoring_ Svcs - 10-180-247-000-000 56.90 2588440APR-JU24-HR.ALARM SERVICES 10-180-247-000-000 84.00 3020955APR-JU24-HR. ALARM SERVICES 10-172-246-000-000 23.25 10-175-246-000-000 23.25 34-400.246=000-000 43.50 30865992APR-J 24-HR. ALARM SERVICES 10-805-245-000-000 105.00 Total : 335.90 59400 4/24/2007 010208 RATELLE, DAZE&ASSOCIATES O4012007 MO. CONSULTING SERVICES' '21-573-255-000-000 1,710.00 Total : 1,710.00 59401 4/24/2007 010171 REPUBLIC ELECTRIC 207111 February Non contractual maint/repairs 16-510-255-000-000 1,283.95 207112 MO. SIGNAL MAINT/REPAIR 16-510-255-000-000 752.80 307111 March Non Contractual Maint/Repair 16-510-255-000-000 201.58 Page: 11 vchlist Voucher List Page: 12 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59401 4/24/2007 010171 REPUBLIC ELECTRIC (Continued) 307112 MO. SIGNAL MAINT/REPAIR 16-510-255-000-000 376.40 Total : 29614.73 59402 4/24/2007 010723 RICHARD POPE&ASSOCIATES 3609 POCKET PARK PLANS DEBERRY/MT.VERNON 13-445-707-000-000 2,483.00 Total : 29483.06 59403 4/24/2007 006242 RtIVCOMM LLC 101163 INST 4 LITE BARS, RADIO, SPEAKER, 10-180-272-000-000 1,847.04 101164 INST 4 LITE BARS, RADIO, SPEAKER, 10-180-272-000-000 2,452.54 Total : 4,299.58 59404 4/24/2007 006285 RIVERSIDE HIGHLAND WATER CO 0205-0403-2007 February-April Utility Services 10-190-238-000-000 364.86 10-440-238-000-000 102.02 10-450-238-000-000 2,099.39 - 10-805-238-000-000 91.88 26-600-239-000-000 82.60 26-601-239-000-000 55.44 34-500-724-000-000 49.20 34-700-709-000-000 9.08 34-700-710-000-000• 9.08 34-700-767-000-000 9.08 Total : 2,872.63 59405. 4/24/2007 006310 ROADRUNNER STORAGE 5257 May Storage Charges 10-140-241-000-000 94.00 34-500-726-000-000 134.00 Total : 228.00 59406 4/24/20.07 006331 RONNOW, LARRY 1 St QTR 2007 1 st Qtr 2007 Medical Reimbursement 10-140-139-000-000 189.40 Total : 189.40 59407 4/24/2007 006341 ROSENOW SPEVACEK GROUP INC. 04052007 FY 06/07 TAX INCREMENT, PASS THROUGH,. _ Page: 12 vchlist Voucher List Page: - 13 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account" Amount 59407 4/24/2007 006341 ROSENOW SPEVACEK GROUP INC. (Continued) 34-400-251-000-000 320.00 Total : 320.00 59408 4/24/2007 010453 RUIZ, DEBRA 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement - 10-440-139-000-000 121.92 Total : 121.92 59409 4/24/2007 006453 S.B. COUNTY AUDITOR/CONTROLLER 2641 March Booking Fees 10-410-259-000-000 1,756.92 Total : 1;756.92 59410 4/24/2007 006510 S.B. COUNTY INFORMATION OCU0702M-022 2007 On Call Pager access charges 10-180-240-000-000 30.00 Total : 30.00 59411 4/24/2007 006528 S.B. COUNTY REGISTRAR OF VOTER 1396 11/07/06' Election Services 10-125-221-000-000 3,305.00 Total : 3,305.00 59412 4/24/2007 006531 S.B. COUNTY SHERIFF 7376 FY06/07 LAW ENF. SERVICES - 10-410-255-000-000 3,961.66 10-410-256-000-000 121,992.67 14-411-256-000-000 6,358.67 �.. 7376A FY06/07 LAW ENF. SERVICES 14-411=256-000-000 16,622.00 Total : 148,935.00 59413 4/24/2007 006435 SAN BERNARDINO, CITY OF 2097 FY 06/07 ANIMAL SHELTER SERVICES 10-190-256-000-000 271.50 Total : 271.50 59414 4/24/2007 010040 SCOTT-, MARY J. 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement - 10-440-139-000-000 296.95 Total : 296.95 59415 4/24/2007 007005 SO CAL LOCKSMITH 111079 Misc. Supplies-Parks Dept. 10-450-245-000-000 2.42 Page: 13 vchlist Voucher List Page: 14 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59415 4/24/2007 007005 SO CAL LOCKSMITH (Continued) - Total : 2.42 59416 4/24/2007 006720 SO.CA.EDISON COMPANY 2011959749MAI March City Utility Charges 16-510-238-000-000 4,593.08 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 224191884MAR March Utility Charges 16-510-238-000-000 22.86 Total : 4,765.34 59417 4/24/2007 006730 SO.CA.GAS COMPANY_ 0309-0409-2007 March-April City Utility Charges 10-190-238-000-000 34.50 10-440-238-000-000 60.56 1769986082MAI March CNG Fuel Charges 10-180-272-000-000 1.18 10-440-272-000-000 0.40 00 34-800-272-000-000 0.40 Total : 97:04 59418 4/24/2007 006778 STAPLES CREDIT PLAN 004539 Misc Office Supplies-Code Enforcement 34-800-210-000-000 , 34.18 029107 Desk Chair-Code Enforcement dept 34-800-210-000-000 177.29 3130557656 Misc. Office Supplies 21-572-210-000-000 463.41 4631/182787 Credit for Chair Exchange-Code_Enf., 34-800-210-000-000 -4.90 5496565006093, Misc Office Supplies-Bidq/Safety Dept. 34-400-210-000-000 82.90 9171155726 Misc. Office Supplies-Finance Dept. 10-140-210-000-000 18.34 9171337426 Misc. Ofc Furniture-Code Enf. Dept 10-185-219-000-000 86.19 9171469080 City Hall Copy Paper Supply 10-190-212-000-000 147.36 Page: 14 r` vchlist Voucher List Page: 15 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount .59418 4/24/2007 006778 STAPLES CREDIT PLAN (Continued) 9171564534 OFFICE SUPPLIES 10-180-210-000-000 182.62 9171564534A Misc. Office Supplies-Comm. Svc Dept 10-180-210-000-000 36.45 Total :, 1,223.84 59419 4/24/2007 006898- SYSCO FOOD SERVICES OF L.A. 703280882 FOOD SUPPLIES-LUNCHES &SNACKS - 10-440-220-000-000 542.56 703280883 FOOD SUPPLIES-LUNCHES&SNACKS 10440-'220-000=000 46.81 704040562 FOOD SUPPLIES-LUNCHES &SNACKS 10-440-220-000-000 55.74 704040563 FOOD SUPPLIES-LUNCHES &SNACKS 10-440-220-000-000 597.35 70405225G FOOD SUPPLIES-LUNCHES.&SNACKS 1.0-440-220-000-000 116.34 Total : 1,358.80 59420 4/24/2007 010712 TASO TECH, INC. 34 Data relocation/Maint./Repair 10-380=249-000-000 315.00_ 44 ' Eden Server Maint/Repair 10-380-249-000-000 1,365.00 49 PSI Domain re-configuration 10-380-249-000-000 210.00 55 Domain Installation-PSI Software - 10=380-249'000-000 315.00 Total : 2,205.00 59421 4/24/2007 010590 TERRA LOMA REAL ESTATE APRIL April Property Management Fee 34-400-04 96.00 Total : 96.00 59422 4/24/2007 001140 THE ALTEK GROUP 07-181 ADVERTISING-CHARTER RIVERSIDE CABLE 32-370-230-000-000 5,034.00 Total : 5,034.00 Page: 15 vchlist Voucher List Page: 16 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59423 4/24/2007 010586 THE JAMIESON GROUP 2007.38 Econ.Dev. Consulting-12/1/06-03/31/07 32-600-205-000-000 1,755.00 32-370-255-000-000. 812.50 2007.46- CONTRACTUAL SERVICES 32-370-250-000-000 3,850.00 Total ; 6,417.50 59424 4/24/2007 010037 TORRES, GREGORY W. 1 ST QTR 2007 1 st Qtr 2007 Medical Reimbursement 10-180-139-0007000 500.00 Total : 500.00 59425 4/24/2007 007220 UNDERGROUND SERVICE ALERT 320070284 FY 06/07 DIG ALERT MONTHLY SERVICE 16-900-220-000-000 - 62.40 Total : 62.40 59426 4/24/2007 007579 VARELA, CATALINA 1ST QTR 2007 1st Qtr 2007 Medical Reimbursement 10-440-139-000-000 133.84 Total : 133.84 Gf,59427 4/24/2007 010421 VILLAGE ENTERPRISES, DARCY MCNAB 06-0 CONSULTANT SERVICES 10-180-255-000-00.0 - 125.00 07-23 CONSULTANT SERVICES 10-180-255-000-000 210.00 07-26 CONSULTANT SERVICES 10-180-255-000-000 80.00 Total-: 415.00 59428 4/24/2007 007845 W. E. C. ELECTRIC INC. 16012 Maint/Repair Baseball field lights 10-450-246-000-000 390.39 Total : 390.39 59429 4/24/2007 007854 WESTERN EXTERMINATORS CO 314830 PEST CONTROL SERVICES 10-180-245-000-000 " 83.50 34-400-246-000-000 37:.00 10-805-245-000-000 32.00 Page: 16 vchlist Voucher List Page: 17 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 59429 4/24/2007 007854 WESTERN EXTERMINATORS CO (Continued) 31865.1 PEST CONTROL SERVICES 10-180-245-000-000 83.50 10-805-245-000-000 32.00 34-400-246-000-000 37.00 Total': 305.00 59430 4/24/2007 007938 WIRZ&COMPANY 49274 Code Enf. Inspection Report Printing 10-185-210-000-000 164.86 Total : 164.86 59431 4/24/2001 010519 XEROX CAPITAL SERVICES, LLC 024238448 COPY CENTER 55 LEASE 10-190-700-000-000 404.85 Total : 404.85 59432 4/24/2007 007987 XEROX CORPORATION 024264629 DC460 COPIER LEASE &COPY OVERAGE- 10-190-700-000-000 429.66 Total : 429.66 xC'�9433 4/24/2007 007984 YOSEMITE WATERS 20914458 BOTTLED WATER :a 10-190-238-000-000 134.40 10-805-238-000-0.00 19.10 34-400-238-000-000 7.20 10-440-238-000-000 38.50 Total : 199.20 4/16/2007 007400 U. S. BANK TRUST N.A. APRIL2007 '97 PFA COP MONTHLY PAYMENT 33-300-206-000-000 20,896.20 Total : 20,896.20 106 Vouchers for bank code: bofa Bank total : 285,538.79 106 Vouchers in this report Total vouchers : 285,538.79 Page: 17 vchlist Voucher List Page: 18 04/18/2007 5:04:33PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount I certify that to the best of my knowlddge, 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. Larry Ronnow, Finance Director Page: 18 - PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- MARCH 27, 2001 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 March 2.7, 2007, at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Tom Schwab, City Manager Brenda Mesa, City Clerk Steve Berry, Assistant City Manager Larry Ronnow, Finance Director Richard Shields,Building& Safety Director Lt. Hector Guerra, Sheriff's Department Rick McClintock, San Bernardin6 County-Fire Colin Burns, City Attorney ABSENT: Dan Buchanan, Councilmember Gary Koontz, Community Development Director John Harper, City Attorney The City Council meeting was opened with Invocation by Pastor Salim Elias,Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Councilman Jim Miller. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2A. Proclamation-National Crime Victims' Week- April 22-28, 2007 Mayor Pro Tem Garcia read a proclamation proclaiming the week of April 22 through 28, 2007 as National Crime Victims' Week in the City of Grand Terrace. 2B. Proclamation-National Day-of Prayer-May 3, 2007 Councilmember Cortes read a proclamation proclaiming May 3, 2007 as National Day of Prayer in the City of Grand Terrace urging all citizens to observe this day in keeping with their personal beliefs. a COUNCIL AGENDA ITEM NO. Council Minutes March 27,2007 Page 2 Mayor Ferr6 presented Carolyn Preschem with the proclamation. Carolyn Preschern,Moderator,Connecting Leaders Through Prayer,thanked the City for the proclamation. CONSENT CALENDAR CC-2007-32 MOTION BY COUNCILMEMBER CORTES,SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER BUCHANAN WAS ABSENT), to approve the following Consent Calendar Items: 3A. Approve Check Register Dated March 27, 2007 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 03-13-2007 Minutes 3D. Notice of Completion-2006-2007 Slurry Seal Program (American Asphalt South, Inc.) 3E. Contract Between the City of Grand Terrace - Blue Waves Swim Program and the Riverside YMCA for Swim Lessons and Open Swim Program at Terrace Hills Middle School for Summer 2007 PUBLIC COMMENT Roxanne Williams, 22005 Tanager Street, indicated th4t she has a proclamation that she would like the City Council and City Manager to consider and read the following: Proclamation In Opposition to the AES Highgrove Power Plant WHEREAS, the City Council of Grand Terrace supports the construction of the Colton Unified School District;s high school#3; and WHEREAS, City Council of Grand Terrace finds that the AES Highgrove Power Plant is not in the best interest of the city, and offers no direct benefit to its citizens; and WHEREAS, the AES Highgrove Power Plant poses safety risks to the high school #3 students due to the power plant's storage of hazardous materials (ammonia, sulfuric acid, etc.), transport of wastewater, and the proximity of high pressure gas lines; and WHEREAS, the AES Highgrove Power Plant will emit harmful air emissions of particulate matter (PM2.5 and PM 10); carbon monoxide (CO), sulfur dioxides (S02), and nitrogen dioxide (NO2); and G Council Minutes March 27,2007 Page 3 NOW,THEREFORE BE IT PROCLAIMED that the City,Council of Grand Terrace: HEREBY expresses our opposition to the AES Highgrove Power Plant HEREBY urges the California Energy Commission (CEC), the South Coast Air Quality Management District (SCAQMD), the Department of Toxic Substances Control (DTSC), and the Colton Joint Unified School District to oppose the AES Highgrove Power Plant. BE IT FURTHER PROCLAIMED that the City of Grand Terrace urges its citizens and neighboring cities to oppose the AES Highgrove Power Plant. Dated March 27, 2007 She feels that the proclamation is important and that the City Council's opinion should be heard prior to the South Coast Air Quality Management District and the California Energy Commission's preliminary determinations. They should have the City Council's input prior to the preliminary determinations. The proclamation will serve that purpose of that communication. She feels that the City Council has a responsibility to make a proclamation on the building and operation of a polluting power plant within its borders. She indicated that she met with the City Manager on 03/24/2007 and requested that the City Council direct the City Manager to hold a town meeting. She stated that they agreed that if the CEC and AES will come then he is willing to hold a meeting and to write a letter and to advertise in the local newspapers and to be on the front page. REPORTS 5A. Committee Reports 1. Crime Prevention Committee a. Minutes of February 12, 2007 CC-2007-33 MOTION BY COUNCILMEMBER GARCIA,SECOND BY COUNCILMEMBER MILLER,CARRIED 4-0-1-0(COUNCILMEMBERBUCHANAN WAS ABSENT), to accept the February 12, 2007 Minutes of the Crime Prevention Committee. 5B1. Council Reports Mayor Pro Tem Garcia,apologized for missing the last Council Meeting,she was not feeling well. She announced that the daffodils are blooming at Richard Rollins Park. She expressed her gratitude for the Inland Empire Breakfast and encouraged everyone to attend. She reported that a sunrise service will be held on Easter Sunday. She thanked Councilmember Council Minutes March 27,2007 Page 4 Jim Miller for attending the Commuter Rail Meeting. They were able to get the Commuter Rail Committee to agree to take no action at this time and allow SCAG to study the feasibility of the Metrolink station. She feels that it was beneficial to have Councilmember Miller there to speak on behalf of the project. She attended along with Mayor Ferr6 and Councilmember Cortes, the City County Conference. She reported that downtown San Bernardino will have a lot of building in the next five years. She was extremely impressed with the Director of Caltrans. She reported that she and Assistant City Manager Berry went to Sacramento for SCAG to testify on behalf of the Senate Transportation and Housing Committee and while they were there they were able to meet with Senator Dutton, who is doing a great job. They were also able to meet with Assemblyman Emmerson. It was a very good visit and very beneficial. She attended, along with Councilmember Cortes, the Economic Conference. Councilmember Cortes, she enjoyed the forum with all.the State Legislators that was held at the City County Conference. She announced that Vic Pfennighausen was in a terrible accident and wished him well. He is a long time resident of the City and a great volunteer and requested that a card and flowers be sent to him. She requested that.the meeting be adjourned in memory of Dale C. Harpe. He had a long battle with cancer. He was active with the Girl Scouts and helped with a lot of their programs and coached little league. A certificate was prepared showing that the meeting was adjourned in his memory. She wished Richard Shields a happy birthday. Councilmember Miller, feels that it may be the time to.invite AES and the CEC to have a workshop so that everyone has a better understanding and knowledge of what is going on with the Power Plant. He reported that there is trash and junk on the hillside and asked him to get a hold of Caltrans. He indicated that it was Mayor Pro Tem Garcia that convinced the Commuter Rail Committee to go the way.that they did. She is an excellent supporter of the community and the region and did a wonderful job changing the thoughts of some of the people on the Committee. He questioned when the next SANBAG meeting will be held. Councilmember Cortes, responded that it will be on April 4, 2007. Councilmember Miller,stated that Senator Emmerson will be having the Annual Woman of Distinction event. Laurie Shearer from the Library and Pauline Grant, a Volunteer for the City, will be honored at that event. Mayor Ferr6, indicated that she feels that the City looks very good. PUBLIC HEARING 6A. An Ordinance of the City Council of the City of Grand Terrace Adding Chapter 9.28 of the Grand Terrace Municipal Code to Regulate Medical Marijuana Dispensaries ;�" r9 Council Minutes March 27,2007 Page 5 within the City of Grand Terrace City Manager stated that currently the City of Grand Terrace does not have any regulations nor are there any codes cited regarding the medical marijuana dispensaries. Recent newspaper articles regarding this subject,many cities in the area are taking up ordinances and moratoriums to prevent these type of facilities to be located in their communities. He spoke to the City Attorney who recommended that the staff bring forth this Ordinance to regulate these type of dispensaries. Although the State of California has approved laws allowing for medical marijuana they are still prohibited under Federal Law are in violation of the Federal Controlled Substances Act. He is recommending that the Council conduct a Public Hearing and adopt the first reading of the Ordinance. Mayor Ferr6 opened discussion to the public. Thelma Winkler Beach, 12570 Mt. Vernon Avenue, expressed her thoughts regarding the proposed Ordinance. She encouraged the Council not to allow Marijuana Dispensaries in the City. Mayor Ferr6 returned discussion to the Council. CC-2007-34 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER,CARRIED 4-0-1-0(COUNCILMEMBFRBUCHANAN WAS ABSENT), to approve the first reading of an Ordinance of the City Council of the City of Grand Terrace Adding Chapter 9.28 of the Grand Terrace Municipal Code to Regulate Medical Marijuana Dispensaries within the City of Grand Terrace. UNFINISHED BUSINESS -None NEW BUSINESS -None CLOSED SESSION -None Mayor Ferr6 adjourned the meeting at 7:22 p.m. in memory of Dale Harpe,until the next CRA/City Council Meeting which is scheduled to be held on Tuesday, April 24, 2007 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace `j 5 cTY ' o ' RAND TERR C Community Services Department Staff Report MEETING DATE: April 24, 2007 CRA ITEM O COUNCIL ITEM (X SUBJECT: Approval of a NO OVERNIGHT PARKING ZONE on the north side of De Berry Street, 861 feet westward from Mt. Vernon NO FUNDING REQUIRED BACKGROUND: Staff has received a-request from Jason Karger, the developer and property owner of 15 parcels on De Berry Street, to designate the zone in front of these parcels as a "No Overnight Parking"zone. Please see Attachment"A" for the site map. The City's traffic engineer has reviewed the request and approves of. the new designation. The owners of The Crest Apartments have been sent a courtesy notification of.this proceeding, RECOMMENDATION: Staff requests the City Council to approve a "NO OVERNIGHT PARKING"zone on the north side of De Berry Street, 861.feet west from Mt. Vernon. a COUNCIL AGENDA ITEM NO. , 9 m A nit :7s MmAk L Pe - _ 3 i kv2mw m eW !wb. { s' ;,o ,ram r•+ �\ �� f � � i£_../!7`) �.J ` ��,�� /,"�"i !-'SIT _ �� ;�>•E<y,.,y:�� ..1 .F "�•f'�' r {r•'y�n"�a'.� µ.me -t L`; {{ 1"' • tY�il. �s*�ll y C lre. -�f IM _ i �: (� ty. I �r� �'+r -�k'',•..`aY-.��i�`'�'+. s.�,�''s... _.M1�_, �._�. , -AW PVT —. ^�, f y� ( "' �' '( ram_,. !F•.; lam ,. ;i;�� L1V11 � '• p - - �= ly —�-'� _ .�•.."`....iSS�eee�, � /, 1'�La'�. ��- �`�'IL_,:L-1L_:rP �c I _ 7411D, 110 91» QQ ea LU r<ri rr ' ��_ @. � - f - :� �-� =:�.- �N��> ti=��• a •�� _�-'. �"_ �3 ��• v pti. �: 1 aY..:"•.eYt.(,rc; ..a�; ef: L�`` SL'� ii`L•I �� .b {ec ��•'t S�.• -.-� li '•�'k.�,T�.''io- , ,. ,,..• �l ;�. ,�c71 _ "=��' '� •':I _mot„•. -��. �, iijt r.� Ir � 'h �Ff��Y4;�;i •r � "''.i: ILI ...�`�' ..y. , - Orly l� •.�' {`�1 r- {•.�'n Y �-__- —� �-�' I ___ __; _tiT..'..'� t'.• 1 F ��•�T Mir-+�'J t,- _ Y-: as r: _ • :s ;,�- r ,e "-� �� .s,. ... JJ 3 S .. <• �. �«J' •a ,,.� .Y •: ram. __ b ST FF' -RE CRA () COUNCIL ITEM (X) MEETING DATE: April 24, 2007 FUNDING REQUIRED NO FUNDING REQUIRED X SUBJECT: Public Improvement Deferral Agreement APPLICANT: Roman Palomino LOCATION: 2219.5 McClarren Street, Grand Terrace, CA.' RECOMMENDATIONS: 1. Approve the attached Public Improvement Agreement for street improvements located -at 22195 McClarren Street, Grand Terrace, CA. 2. Direct Staff to obtain a cash bond from the applicant to guarantee the.improvements required by the Municipal Code and Conditions of Approvals. BACKGROUND: At the January 18,2007 Planning Commission meeting,Staff presented SA-06-19,for the construction of a 1049 square foot room addition to an existing 927 square foot dwelling at 22.195 McClarren Street. Pursuant to the requirements.of the Grand Terrace Municipal Code, Title 18, Zoning, Section 18.73.060, the Public Works Department placed a condition on the project requiring the applicant dedicate street right of way,install curb, gutter, street light and sidewalk for a total length of(90)ninety feet. The Planning Commission voted in favor to change the Public Works conditions to require "Cash in Lieu" which would require the Applicant to providing a cash deposit to the City for the total amount of improvements which would then be placed in a fund until such time the City decided to make street improvements to McClarren Street. The"Cash in Lieu" amount is based on an engineer's estimate for construction at current construction rates. After meeting with the Applicant,the Applicant has decided to make the improvements requested by the Public Works Department within. (18) eighteen months from the date the building permit is issued. Staff has recommended that the applicant enter into a Public Improvement Deferment Agreement and provide a cash bond to the City for the amount to cover the improvements to be made if the applicant fails to perform. Cash bond costs are typically a small percentage ofthe actual costs for the work to be performed. The Applicant is prepared to provide the City with a cash bond for the Work required in the right of way. Attachment: Public Improvement Deferment Agreement COUNCIL AGENDA ITEM NO. C � WHEN RECORDED MAIL TO: City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313 SPACE ABOVE THIS LINE FOR RECORDERS USE PUBLIC INTROVEN=DEFERMENT AGREEMENT I,the undersigned,Roman Palomino,sole owner,holding fee title to the real property described as, "Lot 4 of Trail 2966 in the City of Grand Terrace as said lot is shown on the Maps,recorded in Book 40 ofMaps,Page 46 thereof, records ofSan Bernardu:o County,State of California;do hereby covenant for myself and my hens and assigns, that within eighteen(18)months ofthe issuance of a building permit for the 1,049 square foot addition to our existing single family home do,hereby,agree to dedicate street frontage,construct standard curb and gutter,concrete driveway approach,sidewalks and street light along the street frontage of said real property,said real property shall bear the cost of such improvements.Upon completion of construction and upon payment for said improvements,this agreement will be satisfied and released.I also agree to provide a cash bond to the City of Grand Terrace for the cost of the public improvements.Failure to complete said improvements or commence construction of said improvements within the time limits a Notice to Proceed by the City will entitle the City to collect on the cash bond and enter upon said property and construct said improvements.Any additional costs beyond the cash bond amount to make the public improvements will become the responsibility of the property owner to pay.If payment is not made to the City within 30 days of completion,said costs shall become alien on the property,subject to such remedies deemed appropriate by the City. This covenant and lien shall run with the land,and the cost of improvements above referred to shall be a charge on said property in whosoever han hall the time of such improvements. Owner: - Date: Owner: Date: BY: Date: Mayor,City of Grand Terrace *ATTEST(bg�Z,II/A BY: Brenda Mesa,City Clerk City Attorney State of California ) County of San Bernardino )ss. City of Grand Terrace ) On 4/—67 -0 7 ,before me, the undersigned, a Notary Public in and for said State, personally appeared omcro Pa I om,n o,personally known tome to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal sou Corr t#1413171 lip Notary KdAc-CaWoWa San B®rnordho Couw**idy Comm.boa Ada 28.2W c1Tr . RAND TERR C Community Services Department Staff Report MEETING DATE: April 24, 2007 CRA ITEM ( ) COUNCIL ITEM (X) SUBJECT: REQUEST TO PURCHASE TWO MOTOROLA XTS-5000 PORTABLE RADIOS USING CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) FUNDING FUNDING REQUIRED (X) BACKGROUND Code Enforcement is requesting the purchase of two Motorola XTS-5000 portable radios; one for the new Code Enforcement Officer and the second to replace the existing unit which performs unevenly and is over .16 years old. These radios are used by Code Enforcement as a direct connection to the Sheriff's Dispatch and Grand Terrace units for deputy, backup assistance. There is currently $42,000 in the CLEEP Fund. RECOMMENDATION Staff recommends approving 0,314.24 in CLEEP funding to purchase two Motorola XTS-5000-portable radios, see Exhibit "A". COUNCIL AGENDA ITEM.-NO. 3� i FFRRO .'Network Services = Rialto FAX NO. :9093563915 Apr. 09 2007 01:45PM P1 EMBIT "A" INTEROFFICE MEMO DATE: April 9 ,2007 Sent via FAX co mty of Ban ~`` FROM: Doug Roberts 909-356-3900 Bermrdreo Wireless Network Services Supervisor Information Services Department TO: Barry Owens (909)430-2229 FAX(909)783-2600 City of Grand Terrace Public works department Here is the quote for two Motorola XTS-5000 portable radio with accessories. I have also included one extra battery for each radio. Equipment is in stock,we can deliver within five days after receipt of order. Item• Qty Description Each Total 1 2 Motorola XTS•5000 800 Mhz portable 3353.12 '7606.24 Transceiver. Includes the following. • Portable radio w/antenna • Ultra high capacity battery • Desk top single unit chargers • Carrying case • Speaker microphone • Programming 2 2 Extra ultra high capacity batteries 56.00 110.00 Sub total 7,716.24 Sales tax 7 3/4% 598.00 Total $8,314.24 Quote is valid for 30 days DR: 07-042 RECEIVED CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE APR 0 4 2007 ' Regular Meeting MINUTES CITY OF GRAND TERRACE March 6, 2007 CITY CLERK'S DEPARTMENT The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by Chairperson, Vic Pfennighausen.at 6:05 p.m. Agendas were distributed. MEMBERS PRESENT—Vic Pfennighausen, JoAnn Johnson, Oscar Santana, Randy Halseth, Debra Hurst, Lew Neeb and Glenn Nichols. MEMBERS ABSENT—Jim Vert, Susan Taylor and Robert Stewart. CITY STAFF—None. GUESTS PRESENT/INTRODUCTIONS— Philomene Spisak. CORRESPONDANCE/COMMUNICATIONS—None. APPROVAL OF AGENDA with motion by Debra Hurst and second by Lew Neeb. APPROVAL OF MINUTES OF FEBRUARY 6, 2007 Motion by Lew Neeb and second by Glenn Nichols. LIAISON REPORT by Vic Pfennighausen in the absence of Steve Berry. a. Budget was submitted and Steve had reported that it had been accepted. b. Contained a letter of explanation for an increase to cover extra expenses for CERT including communications equipment. c. Also included a request that the garage be converted as an office for CERT. d. Overall budget was increased from approximately$5000 to a little over$8000. e. Randy will follow up on offer for storage container for CERT offered'by Fire Department. f. Flyer from Riverside CERT was give to Randy to pursue the possibility of getting our own. EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Much thanks to Randy Halseth and Jim Vert for all the work on the store room floor. It is all finished except for the base boards. b. Still need to order batteries.for HT's and also purchase new batteries. c. Radio has been repaired and returned and is working well. d. Ref to a. above. When Randy finishes the molding in storage room, Vic will get the furniture moved back in and loaded. One of the tall cabinets will go down to city hall. e. Cabinet ordered from Grangers arrived damaged and will have to be replaced. f. Other items ordered have been received. First Aid kits, etc. g. Bob Stewart has been working on RIMS and will be in charge of that area. A$& i COUNCIL AGENDA ITEM NO.5n)C� UNFINISHED BUSINESS a. Carpet has been cleaned in EOC and all floors now are looking very nice. NEW BUSINESS a. Report on CERT. Randy reports that the first draft of Rules and Regulations for the Grand Terrace CERT team has been written.. b. Train the Trainer for CERT was held this month. Five members from Grand Terrace completed the training . c. Must begin recruiting and advertising for the first class. Will have a booth at Grand Terrace Days. d. Vic requested help on the regular work day March 12th. Those offering were Randy, Philomene, Lew, Debra and JoAnn. Work will be done from 1 to 3 pm. e. Grand Terrace Days is June 9'h. Question of where our EOC trailer would be located. Vic will speak to Barrie Owens or Steve Berry re placement although it was felt by some that the best place would be with the other services. i.e. Fire Dept and Sheriff's Dept. TRAINING/SPEAKERS a. Discussion on possible scenarios for the Activation/Exercise on April 18`h from 9:00 to noon. b. Vic would like to have a dry run on April 41h from 10 to noon with bask and forth exchange of information. This should.uncover any real problems. c. Randy was asked to get pretty solid commitmetits from CERT members who will be able to participate in the exercise on April 18th. d. Vic thanked Debra, Oscar, Bob, Susan who helped in writing the scenarios. ADJOURNM T at 6:49 p.m. ?JoAhnn Johnson, Secretary NEXT MEETING WILL BE TUESDAY,APRIL 3 AT 6 P.M. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADDING CHAPTER 9.28 OF THE GRAND TERRACE MUNICIPAL CODE TO REGULATE MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF GRAND TERRACE. WHEREAS, in 1996, the voters of the State of California approved proposition 215, which was codified as Health and Safety Code Section 11362.5, et. seq., and entitled the Compassionate Use Act of 1996 ("the Act"); and WHEREAS, the intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances; and WHEREAS, SB 420, which went into effect on January 1, 2004, was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act; and WHEREAS, the City of Grand Terrace Municipal Code, including the Grand Terrace Zoning. Code, does not regulate in any manner the existence or location of medical marijuana dispensaries; and WHEREAS, after receiving inquiries from persons interested in establishing medical marijuana dispensaries, numerous cities in the State of California have adopted ordinances prohibiting or heavily regulating such dispensaries; and WHEREAS,.because a significant number of cities.have prohibited or heavily regulated medical marijuana dispensaries, there is a substantially increased likelihood that such establishments will seek to locate in the City of Grand Terrace; and WHEREAS, a medical marijuana dispensary was seeking to locate to the City of Grand Terrace; and WHEREAS, other California cities that have permitted the establishment of medical marijuana dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries; and WHEREAS, in United States v. Oakland Cannabis Buyer's Cooperative, (2001) 532 US 483, the United States Supreme Court addressed marijuana use in California and held that the Federal Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and that no medical necessity exception exists to these prohibitions. Further, according to the U.S. Supreme court's decision in Gonzalez v. Raich (2005) 125 S. Ct. 2195, federal law presently prohibits the use of medical marijuana; and COUNCIL AGENDA ITEM NO. _7A 1/ 4 WHEREAS, the U.S. Supreme Court decision did not address the conflict between federal laws and California laws with respect to medical marijuana dispensaries. NOW, THEREFORE, the City Council of Grand Terrace, California, does ordain as follows: CHAPTER 1: Chapter 9.28 is added to Title 5 of the Grand Terrace Municipal Code entitled: Medical Marijuana Dispensaries as follows: 9.'28.010 Prohibition: The City Council of the City of Grand Terrace finds and determines that: Prohibition: Medical Marijuana Dispensaries are prohibited within all zoning Districts within the City of Grand Terrace. 15.17.020. "Medical Marijuana Dispensary" or"Dispensary" shall mean any location, structure, facility, vehicle utilized in full or in part, as a place at or in which medical marijuana is made available, sold traded, exchanged or bartered for in any way with or without consideration, made available, located, stored, placed, cultivated and/or distributed. 15.17.030. A "Medical Marijuana Dispensary shall not include the following uses, as long as the locations of such uses are otherwise regulated by this Code or applicable law: 1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, 2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, 3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, 4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, 5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. CHAPTER 2. EFFECTIVE DATE. This ordinance shall become effective thirty(30) days from the date of its adoption. s I ' CHAPTER 3. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of ,2007. MAYOR City of Grand Terrace ATTEST: CITY CLERK City of Grand Terrace APPROVED AS TO FORM: CITY ATTORNEY City of Grand Terrace I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the of ,2007, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the day of ,2007,by the following vote, Ayes: Noes: Absent: IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Grand Terrace, California, this day of ,2007. City Clerk of the City of Grand Terrace tip, STAFF REPORT CITY MANAGER'S OFFICE CRA ITEM () COUNCIL ITEM(X) MEETING DATE: April 24,2007 SUBJECT: RED LIGHT PHOTO ENFORCEMENT FUNDING REQUIRED: YES (X) NO () BACKGROUND The San Bernardino County Sheriff' s Department in conjunction with the Community Services Department of the City of Grand Terrace are requesting that the City Council authorize a Red Light Photo Enforcement Program within the City and the installation of traffic signal cameras at selected intersections within the City. The use of such cameras,_ and resulting traffic citations, would help promote traffic safety and would expand the traffic enforcement efforts within the City. The program would require no -direct funding by the City. ' Research by the United States Department of Transportation (DOT) indicated that there are more than, 1. 8 million intersection crashes annually, and according to the Insurance Institute for Highway Safety, red light running is the leading cause of urban traffic collisions. One of the most effective, proven, and cost effective methods to address red light violations is by the use of red light photo enforcement. Currently over 50 cities in the State of California are utilizing these camera enforcement. An independent study of red light programs currently supported by Redflex indicates that red light violations decreased as much as 80% at intersections, where camera enforcement was in operation and there was a reduction of up to 60% in collisions . Other studies indicate that in many jurisdictions where red light photo enforcement is in effect, there is a decrease in both violations and accidents not only at those locations with cameras, but citywide. The Insurance Institute for Highway Safety has labeled this phenomenon the "spill over effect. " In general, when motorists are aware that the jurisdiction utilizes red light photo enforcement, they tend to be more cognizant of their overall driving. COUNCIL AGENDA ITEM NO. rapl ANALYSIS Grand Terrace Traffic Statistics Staff has reviewed the collision reports for the City of Grand Terrace. Although the number of red light violation caused collisions is relatively low, an informal study of red light violations at several intersections indicated that the number of red light violations is high enough to merit the installation of red light cameras . As an example, during a one week. period at the intersection of Barton Road and Michigan Avenue, we had a total of 114 red light violations, 68 of which were in the northbound left turn lane. During the past several months, staff has been investigating the photo enforcement programs being conducted in various cities in California. We have also been reviewing the systems and technology available through various companies operating in these cities . Some of the ,companies offer digital still cameras, and others offer digital video cameras . Staff feels that a combination of both digital still cameras and digital - � video cameras would be the best system for the City of Grand Terrace. Currently these companies are predominantly being utilized for photo enforcement, they are as follows : • ACS - currently has programs in San Diego and Palm Desert. • Redflex Traffic Systems - Currently has programs in about 40 cities in California, and has the longest-established programs in the state. The City of Loma Linda has successfully had the Redflex Systems in place for the past 15 months and is very pleased with the results. • Nestor - Currently has several systems operating in California, including the cities of Montclair, Rancho Cucamonga, and San Bernardino. The .table below illustrates the factors that the staff has reviewed and feel are important to these systems . FACTOR REDFLEX ACS NESTOR Uses both digital still cameras and digital video Yes No No Point-of-Capture encryption Yes No No Non-Intrusive installation Yes No No Greatest image clarity (# of mega-pixels) X Experience (# of cities currently operational in CA) 32 6 7 Most established in CA X Real-time intersection monitoring (inclusive) Yes No No Less invasive to street landscape (most aesthetic) X Proven ability to enforce all lanes including turns Yes No No Has had programs shut down in CA No Yes Yes Has had to refund fines No Yes Yes As previously mentioned, staff is of the opinion that photo enforcement systems which include digital still cameras combined with digital video camera provide the best enforcement programs. Redflex is the only provider of such technology. Their systems include three (3) high resolution digital still cameras and one (1) high resolution digital video camera per housing unit. The Redflex systems offer three (3) high resolution encrypted digital still images per violation, and twelve (12) seconds of full motion video per violation (300+ images) . These systems provide the ability to enforce multiple violations per phasing across lanes, and the ability to enforce four (4) contiguous lanes of traffic, which allows for enforcement of four (4) types of violation movements (straight through violations, left turn violations, double left turn violations, right turn violations) . Redflex is the largest and longest established digital vendor in the United States, supporting more operational digital red light photo enforcement systems in the United States than all other vendors combined. Redflex has been awarded twelve (12) of the last sixteen (16) contracts in California, and supports more systems in California than all the vendors combined. Locally the cities of Highland, Victorville and Yucaipa are currently considering contracts with Redflex. Based on research by staff, we are of the opinion that a high quality photo enforcement system which includes digital still { `, j cameras as well as digital video cameras would provide the City of Grand Terrace with expanded traffic enforcement efforts, while increasing overall traffic safety. Staff feels that Redflex is the only photo enforcement system provider that offers the optimum technology and comprehensive services required for a reliable red light photo enforcement program. ENVIRONMENTAL As previously indicated, the Redflex systems provide non- intrusive installations, and are less invasive to the street and landscape. The Redflex camera housings and flash units are the most aesthetic systems available. In most cases the camera housings and flash unit can be mounted to existing light poles. The control box and the in-street wire loops are installed in a manner so as to not interfere with existing utilities. FINANCIAL IMPACT The installation of the photo enforcement equipment will require no up-front costs to the City of Grand Terrace. Reflex will provide a ninety (90) day payment grace period which will allow the citation revenue to begin filtering back to the city from the courts. The grace period should mitigate any financial risk exposure to the City and should be sufficient to support the payments, Redflex agrees to adjust its pricing to ensure cost neutrality and refund the difference to the City. Redflex is willing to contractually guarante.e that the City will operate a fully violator funded program that at approximately minimum would be cost neutral. The cost per system will be $6, 000 per month, per intersection approach. The pricing is determined on an intersection-specific basis and is based on the overall amount of lanes (i. e. 1-lane, 2-lanes, etc. ) that will be enforced and the type of violation movements that will be enforced (i.e. left-turn, straight- through, and right-on-red) . The red light photo enforcement program will require a part-time project manager to review, approve, or reject the citations issued by the photo enforcement system, as well as court testimony on contested citations . We anticipate that. these functions can be accomplished by existing Sheriff' s Personnel, therefore, no additional staff is being requested at this time Lj for this project. RECOMMENDATION It is recommended that the Mayor and City Council authorize the implementation of a Red Light Photo Enforcement Program as part of the traffic safety and enforcement program within the City of Grand Terrace. The implementation will include the following: 1. Approve implementation- of a Citywide Red Light Photo Enforcement Program. 2 . Approve the use of the Program proposed by Redflex Traffic Systems for the design, implementation and support of a turnkey red light photo enforcement program. Redflex will assume all risks for the program, and the City of Grand Terrace shall be under no obligation to provide funding for construction, implementation or ongoing program support and maintenance. The City of Grand Terrace shall be responsible for monitoring traffic impacts of the program, and for providing personnel to review and approve the citations that are issued, and overall program oversight. The fee is subject to negotiation, and may be reduced by mutual agreement. i Redflex has provided contractual assurance that the program will be cost-neutral to the City of Grand Terrace, with no upfront cost to the city. 3. Authorize Mayor to sign a five (5) year contract with renewal options to Redflex for the installation -of red light photo enforcement and all related maintenance services at two (2) intersections within the City of Grand Terrace. Based on research by staff, we are recommending red light photo enforcement systems be installed at the intersection of Barton Rd. and Michigan Ave. to monitor the northbound traffic, and at Barton Rd. at Mt. Vernon Ave to monitor the eastbound traffic. 4 . Require that the specific language in said contract be developed jointly between the City of Grand Terrace and Redflex, and be approved by the City Attorney. C...5 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement (this "Agreement") is made as of this . day of February, 2007 by and between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1" Floor, Culver City, California 90230 ("Redflex"), and The City of Grand Terrace a municipal corporation, with offices at 22795 Barton Road, Grand Terrace, CA 92313-5295 (the "Customer"). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that sworn peace officers of the Customer are able to monitor, identify and enforce red light running violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce-the incidence of vehicle collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: I.I. "Authorized Officer" means the Police Project Manager or such other individual(s) as the Customer shall designate to review Potential Violations and to authorize the Issuance of Citations in respect thereto, and in any event, a sworn peace officer or a qualified employee of the Police Department. 1.2. "Authorized Violation" means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Officer by using the Redflex System. 1.3. "Citation" means the notice of a Violation, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Violation. 1.4. "Confidential or Private Information" means, with respect to any Person;. any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized r, 1 disclosure of which could be detrimental to such Person, including but not limited to: 1.4.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods; plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.4.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.4:3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after. its disclosure and other than through any act or omission by any party hereto in breach of this Agreement; (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a parry hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.5. "Designated Intersection Approaches" means the Intersection Approaches set forth on Exhibit A attached hereto, and such additional Intersection Approaches as Redflex and the Customer shall mutually agree from time to time. 1.6.."Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Violation using the Redflex System. 1.7. "Enforcement Documentation" means the necessary and appropriate documentation related to the Photo Red Light Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Judicial Council and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions'a description of basic court procedures, payment options and information regarding the viewing of images and' data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial off cers . 1.8. "Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Redflex Photo Red Light System(s), including but not limited to all camera systems,housings, radar units, severs and poles. 2 1.9. "`Fine" means a monetary sum assessed for Citation, including but not limited to bail forfeitures,but excluding suspended fines. 1.10. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.11. "Installation Date of the Photo Red Light Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Approach in accordance with the terms of this Agreement so that such Intersection Approach is operational for the purposes of functioning with the Redlight Photo Enforcement Program. 1.12. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated),.whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 1.13. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating Redlight Photo Enforcement by the Customer. 1.14. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Photo Red Light Enforcement Program is functional in order to permit the identification and prosecution of Violations at the Designated Intersection Approaches by a sworn peace officer of the Customer and the issuance of Citations for such approved Violations using the Redflex System. 1.15. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.16. "Police Project Manager" means .the project manager appointed by the Customer in accordance with this Agreement, which shall be a sworn peace officer and shall be responsible for overseeing the installation of the Intersection Approaches and the implementation of the Redlight Photo Enforcement Program, and which manager shall have the power and authority to make management decisions relating to the Customer's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the Customer's charter or other organizational documents of the Customer or by the city counsel or other governing body of the Customer. 1.17. "Potential Violation" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the �; � 3 Redflex System for the purposes of allowing the Authorized Officer to review such data and determine whether a Red Light Violation has occurred. 1.18. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists,- books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and. software, .computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.19. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Red Light Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.20. "Redflex Project Manager" means the. project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be or such person as Redflex shall designate by providing written notice thereof to the Customer from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersection 'Approaches and the implementation the Photo Red Light Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change-order authorizations. 1.2I. "Redflex Photo Red Light System' means, collectively, the SmartCamTM System, the SmartOpsTM System, the'Redlight Photo Enforcement Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.22. "Photo Red Light Enforcement Program" means the process by which the monitoring,.identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, collectively, are capable of measuring Violations and recording such Violation data in the form of photographic images of motor vehicles. 1.23. "Photo Redlight Violation Criteria" means the standards and criteria by which Potential Violations will be evaluated by sworn"peace officers of the Customer, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation'being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have G9 4 committed ,a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.24. "SmartCamTM. Svstem" means the proprietary digital redlight photo enforcement system,of Redflex relating to the Photo Red Light 'Enforcement Program. 1.25. "_SmartO sp TM System" means the proprietary back-office processes of Redflex relating to the Photo Red Light Enforcement Program. 1.26. "SmartSceneTM System' means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data. 11.27. "Traffic Signal Controller Boxes" means -the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. - 1.28. "Violation" means any traffic violation contrary to the terms of the Vehicle Code_ or any applicable , rule, regulation or law of any other Governmental Authority,. including but not limited to operating, a motor vehicle contrary to,traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.29. "Violations Data"means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.30. "Warning Period" means the period of thirty (30) days. after the Installation Date of the first intersection approach. ' 2. TERM., The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years after the Installation Date (the "Initial Term"). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two,(2) additional consecutive and automatic two (2) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The'Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Photo Red Light Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in.this Agreement. 3.1. INSTALLATION. With respect to the construction and installation of (1) the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto. 3.2. MAINTENANCE. With respect to the maintenance'of the Redflex System at the Designated Intersection Approaches the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit C.attached hereto. 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored.on the Redflex System; 5 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Officer via the Redflex System; 3.3.3. The Redflex System shall be accessible by the Authorized Officer through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser; 3.3.4. Redflex shall provide the Authorized Officer with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data within seven (7) days of the gathering of the Violation Data from the applicable Designated Intersection Approaches 3.3.5. The Customer shall cause the Authorized Officer to review the Violations Data and to determine whether a citation shall be issued with respect to each Potential Violation captured within such Violation Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED OFFICER AND SHALL BE MADE IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A "CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation within six (6) days after Redflex's receipt of such authorization; Provided, however, during the Warning Period, warning violation notices shall be issued in respect of all Authorized Violations; 3.3.7. Redflex shall provide a toll-free telephone'number for the purposes of answering citizen inquiries 3.3.8. Redflex shall permit the Authorized Officer to generate monthly reports using the Redflex Standard Report System. 3.3.9. Upon Redflex's receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Intersection Approaches and the functionality of,the Redflex System with respect thereto to the Customer in such format and for such periods as the Customer may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any-given twelve (12) month period without cost to the Customer; 3.3.10. Upon the Customer's receipt of a written request from Redflex, the Customer shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may reasonably request; provided, however, the Customer shall not be obligated 6 to provide in excess of six (6) such reports in any given twelve (12) month period without.cost to Redflex; 3.3.11. During the six (6) month period following the Installation Date and/or upon Redflex's receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Violations; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses; and 3.3.12. During the three (3) month period following the Installation Date, Redflex shall provide such training to law enforcement personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program. 3.4. PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall diligently prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the Customer shall be obligated to pay,the compensation set forth on Exhibit D attached hereto. 3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and-the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto. 3.6. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment, or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Intersection Approaches, or the addition of Intersection Approaches to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this a 7 MaI 1 Agreement, and any disagreement shall be resolved in accordance with Section 10. 4. License; Reservation of Rights. 4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City of(insert name), access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in t_ connection therewith, (b) disclose to the public (including outside of the City of (insert name) that Redflex is providing services to the Customer in connection with Photo Red Light Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Rdd Light Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, -the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of'Customer pursuant to this Agreement, the Customer shall gain no additional right,title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System; including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d)use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or(e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the. filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any e 8 registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex 'in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred-in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise-of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 5. Representations and Warranties. 5.1. Redflex Representations and Warranties. 5.1.1. Authorily. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with.all specifications provided to Redflex by the Customer. 5.2. Customer Representations and Warranties. 5.2.1. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND , FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE.REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, . REDFLEX DOES NOT WARRANT THAT ANY OF ' THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE, IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR .USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO-TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT,,REDFLEX SHALL DILIGENTLY ENDEAVOR TO :CORRECT ANY SUCH. MALFUNCTION IN A TIMELY MANNER. 6. Termination. 6.1. TERMINATION FOR CAUSE: Either party, shall have the right to terminate this Agreement immediately'by written notice to'the other if(i) state statutes are amended to prohibit or substantially-. change the operation of photo. red light enforcement-systems; (ii) any court having jurisdiction over City rules,-or state or federal statute declares, that results from the Redflex System, of photo red light enforcement are inadmissible in evidence; or (iii) the other parry commits any material breach of any of,the provisions of this,Agreement. In the event of a termination'due to Section 6.1(i) or 6.1(ii) above, Customer shall be relieved of any further obligations for payment.to Redflex other than as specified in Exhibit "D". Either party shall have the right to remedy the cause for termination (Sec 6.1),within forty-five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which- agreement shall ,not be unreasonably withheld or delayed) after written notice -from the non-causing parry setting forth in reasonable detail the events of the cause for termination. 6.2. The rights to terminate this Agreement given in this Section 6.1 shall-be without prejudice to any other right or remedy of either-parry in respect of the breach concerned (if-any) or any other breach of this Agreement. 6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall- not relieve. either, party of any liability that accrued prior .to such termination. Except as set -forth in Section 6.3, upon the- termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1. Redflex shall (i) immediately cease to provide services, including but,not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light Enforcement Program, (ii)promptly deliver to the Customer any.and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii). promptly _ Y to deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when,and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and (v)provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. 6.3.2. The Customer shall (i) immediately cease using the Photo Red Light Enforcement Program; accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and•all fees,-charges and amounts properly owed by Customer to Redflex for work .performed and Citations- issued by Redflex prior to the termination. 6.3.3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red. Light Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its-obligations under this Agreement, including but not limited to-housings, poles and camera systems, and Redflex shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 6.4. SURVIVAL. Notwithstanding, the .foregoing, the definitions and each of the following shall survive the termination of this Agreement: (x) Sections 4.2 (Reservation of Rights), 5.1 (Redflex, Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 '(Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those provisions, and the_rights and obligations therein, set forth in this Agreement which either,by their terms state, or evidence the intent of the parties,' that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 7. CONFIDENTIALITY. During the term-of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person; or use for itself in any way for pecuniary gain, any Confidential Information learned from-the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this'Agreement, each party shall return to the other all tangible Confidential Information.-of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, � 11 representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8: Indemnification and Liability. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons _ acting by, through, under or in concert with them, or any of them (individually a "Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages,penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 8.2. Indemnification by Customer. Subject to Section 8.3,the Customer hereby agrees to defend.and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the willful misconduct of the Customer, its.employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex's failure to perform its obligations under this Agreement, or (d) any claim, action or demand challenging the Customer's use of the Redflex System or any portion thereof, the validity of the results of the Customer's use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and 12 7 collected as a result of the Customer's use of the Redflex System or any portion thereof. 8.3. Indemnification Procedures. In the event any claim, action or demand (a "Claim") in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the parry from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. LIMITED LIABILITY. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability arising out of or relating to this Agreement. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. 15020 North 74' Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Facsimile: (480) 607-5552 9.2. Notices to the Customer: City of Grand Terrace 22795 Barton Road 13 Grand Terrace, CA 92313-5295 Attention: Facsimile: 14 2-9 i 10.DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out,of or in connection with any term or provision of.this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions .and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task.it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 11. Miscellaneous. 11.1. Assignment. Neither parry may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not ' be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex's rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions"). The.-Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this,Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer's prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice-from Redflex, for the purposes of this Agreement, the Customer shall.be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. - Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the. parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any 15 20 debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 11.3. AUDIT RIGHTS. Each of parties hereto shall have.the right to audit to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement,,the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Parry to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.4. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not,limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 11.6. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.- 11.7. WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.8. CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement *shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 11.9. HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, 16 I interpretation or applicability of this Agreement or any term, condition or provision hereof. 1.1.10. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number,of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Anyone of such counterparts shall be sufficient for the purpose of proving the existence and terms,of this. Agreement, and no party shall be required-,to, produce, an original or all of such-counterparts in making such.proof. 11.11. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to.carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. I L 12. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.13.. BINDING EFFECT. This Agreement shall inure to the benefit of and,be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 11.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict-between any term, condition or provision of this- ram! Agreement and any present or future, statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in-such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the-.extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 11.15. NO THIRD PARTY BENEFIT. Nothing.contained-in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 11.16. INJUNCTIVE RELIEF: SPECIFIC PERFORMANCE. "The ,parties hereby agree and acknowledge that a breach, of'Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party,'which injury could not be adequately compensated by an award of money damages,-and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent .such a breach, including without limitation an action for specific performance hereof. I1.17. APPLICABLE LAW. This Agreement. shall be governed by and construed in all respects solely in accordance, with the laws of the State of California,United States. ! 17 11.18. JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the courts located in the County of(insert name) and both parties specifically agree to be bound by the jurisdiction and venue thereof. (The remainder of this page is left intentionally blank) 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" "Redflex" CITY OF GRAND TERRACE REDFLEX TRAFFIC SYSTEMS, INC., By: By:' Name: Name: Karen Finley Title: Title: President& CEO 19 EXHIBIT"A" Designated Intersection Approaches The contract is for the implementation of up to-1.0 intersections. Identification of enforced intersection will be -based on mutual agreement. between, Redflex and the City, as warranted by community safety and-traffic needs. 2 5 20 EXHIBIT`B" Construction and Installation Obligations Timeframe for Installation: Fixed Photo Red Light System Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Municipality. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection within forty-five (45) to sixty (60) days subsequent to formal project kick- off. The Municipality agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the client with timely completion of the photo enforcement project Redflex Traffic Systems requires that the City assist with providing timely approval of City permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide city engineers review of Redflex permit requests and all documentation in a timely manner. 1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): I.I. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager; 1.2. Request current "as-built" electronic engineering drawings for the Designated Intersection Approaches (the "Drawings") from the city traffic engineer; 1.3. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Finalize the acquisition of the Approvals; 1.6. Submit to the Customer a public awareness strategy for the Customer's consideration and approval, which strategy shall include media and educational materials for the Customer's approval or amendment(the "Awareness Strategy"); 1.7. Develop the Redlight Violation Criteria in consultation with the Customer; 1.8. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; �' 21 1.9. Complete the installation and testing of all' necessary Equipment, including hardware and software, at the Designated Intersection' Approaches (under the supervision of.the Customer); 1.10. :Cause an electrical sub-contractor to complete all reasonably necessary electrical work at,the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles; cabling;telecommunications equipment and wiring,-which work shall be performed in compliance with all applicable local, state and federal laws and regulations;• ' i 1.11., Install'and-test the functionality of the"Designated Intersection Approaches �._.� with the Redflex System and establish fully operational Violation processing capability with,the-Redflex System; 1.12. Implement the use of the Redflex -System at each'of the Designated Intersection Approaches; 1.13. Deliver the%Materials to the Customer; and 1.14. Issue citation notices for.Authorized Violations; 1.15. Redflex shall provide training (i) -for-up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized Officers and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System .and the Redlight Photo Enforcement Program, which training shall include.training with respect to the Redflex System and its operations, strategies for presenting Violations Data in ' court and ,judicial proceedings and a review of the Enforcement Documentation; 1.16. . Interact with_court and judicial personnel to address issues regarding the implementation of the Redflex System, the ,development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.17. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Redlight Photo Enforcement Program. 1.18. Citation processing and citation re-issuance 2. CUSTOMER OBLIGATIONS. The Customer shall.do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings-from the relevant Governmental Authorities; 2.1.3. Notify,Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Redlight Photo Enforcement Program; 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the -Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and �. 22 2.1.5. Assist Redflex in seeking the Approvals 2.1.6., Provide reasonable access to the Customer's properties and facilities in order to permit Redflexx to install and test the functionality of the Designated Intersection Approaches and the Redlight,Photo Enforcement Program; 2.1.7. Provide reasonable access to the personnel of the Customer and reasonable information about.thespecific operational requirements. of such personnel for the purposes of performing training; 2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex ,with respect to the quantity of media and program materials (the "Materials") that the Customer will "require in order to implement the Awareness Strategy during the .period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending. one (1) month, after the Installation Date; 2.1.9. Assist Redflex in developing the Redlight Violation Criteria; and 2.1.10. Seek approval of the Enforcement Documentation., r:,. 23 EXHIBIT"C" Maintenance 1. All repair and maintenance of Photo Red Light Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal.Controller Boxes without a representative of city Traffic Engineering present. 3. The provision of all necessary communication, broadband and telephone services-to the Designated Intersection Approaches will be the sole responsibility of the Redflex 4: The provision of all necessary electrical services to the Designated Intersection Approaches will be the sole responsibility of the Customer 5. In the event that images of a quality suitable for the Authorized Officer to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6. The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. 24 EXHIBIT"D" COMPENSATION&PRICING Commencing on the expiration of the Warning Period for each Designated Intersection Approach, Customer shall be obligated to pay Redflex a fixed fee of$ 6,000 per month for each Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Cost Neutrality_ Cosh neutrality is assured to Customer. Cost neutrality is assured to Customer using this methodology as Customer will never nay Redflex more than actual cash received. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. City shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with terms set forth above, to the extent of.gross cash received by the City from automated red light violations. In the event that a balance remains unpaid due to a deficit in gross cash received by the City compared to invoiced amounts, City will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. 1. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light violations for a period of 12 months from date of termination will be applied to such balance and paid to Redflex 2. Payment will only be made by Customer up to the amount of cash received by Customer from the County through the collection of red light citation up to the amount currently due. 3. Customer to open special revenue account and payments to Redflex will come only from the available balance in that account up to the amount currently due, including any unpaid prior invoiced amounts. 4. Intersection approaches can be relocated to-a new site at the customers request and expense. �, 25 BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex construction will be able to utilize existing conduit for installation where space is available. 2. Each year the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for U.S. City average. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. r 26. J =� Exhibit"E" Additional Rights and Obligations Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts,,press releases and schedules for .any public launch of the Redlight Photo Enforcement Program (actual, print and production costs are the sole responsibility of the Customer). , 2. Redflex shall be solely responsible for installing such Signage. The Redflex shall be solely responsible. for -the fabrication of any signage, notices or other postings ' required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle'Code, and shall assist in determining the placement of such Signage. 3. The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis'during the period commencing as of the date of execution hereof and ending on ; the installation Date, and on a monthly basis for the remainder of the Term, at such ; times and places as the Redflex Manager and the Customer Manager shall mutually agree. 4. The Customer shall not access the Redflex System or use the .Redlight Photo Enforcement Program in any.manner other than prescribe by law and which restricts or inhibits any other'Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex. System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 5. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 6. Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 7. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly.or indirectly by the Customer, or any of its employees, contractors or agents. 27 Insurance 1. During the Term, Redflex shall procure and maintain'and Redflex's sole cost and expense the following insurance coverage with respect to claims for, injuries to persons or damages to property which may arise from or.in connection with the performance of work or services pursuant to this Agreement by Redflex, and each .of Redflex's subcontractors, agents,representatives and employees: 2. Commercial General Liability Insurance. Commercial ;General Liability 'Insurance with coverage of.-not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage; 3. Commercial-Automobile Liability Insurance. Commercial .Automobile Liability Insurance with coverage, of,not less than One Million Dollars ($1,0.00,000) combined single limit,per.,occurrence for bodily injury or property damage, including but not limited to coverage for all automobiles-owned by Redflex, hired by Redflex,and.owned by third parties; 4. Professional Liability (Errors- and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) •Insurance with coverage of not less than One •Million Dollars ($1,000,000)per occurrence and in the aggregate. 5. Workers' 'Compensation and Employer's Liability .Insurance. Workers' Compensation Insurance with coverage of not less than the limits required by the Labor ,Code of the State of (insert name), Employer's Liability Insurance with coverage of not less than One Million Dollars ($1,000,000)per occurrence. 6. With.respect to the insurance described in the-foregoing Section of this Exhibit E, any deductibles or self-insured retentions must be declared"to and approved by the Customer, and any changes to such deductibles or self-insured retentions'during the Term must be approved in advance in writing by the Customer. 7. With respect- to the Commercial General Liability Insurance the following additional provisions shall apply: a. The Customer Parties'shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties on the premises upon which any such Redflex Parties may perform services pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded'to such additional insureds. b. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this.Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall,be in excess, and not in contribution to, such insurance. c. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect-the coverage provided to the Customer Parties, and such in policies .shall state "the such insurance coverage shall apply separately with respect to each additional insured against whom.any claim is made or suit is brought, except with respect to the limits set forth in such-insurance policies. .28 8. With respect to the insurance described in the foregoing Section of this Exhibit E, each such'insurance policy shall be endorsed to state that the coverage provided thereby shall not be cancelled except after thirty (30) calendar days' prior written notice to the Customer. If any of the Redflex Parties are notified by any-insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the Customer and shall take all 'necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such'correction. If Redflex, for any reason, fails to maintain -the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or.- (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs, advanced by the Customer for such insurance-exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 9. Redflex shall.provide certificates of insurance evidencing.the insurance required pursuant to the terms of this Agreement, which certificates shall be executed-by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to,Redflex commencing any work.pursuant to -the terms of this Agreement. 1 ! e-. 29 Exhibit F FORM OF ACKNOWLEDGMENT AND CONSENT This Acknowledgement and Consent, dated as of ; 2007, is entered into by and between the City of (the "City") and Redflex Traffic Systems, Inc., ("Redflex"), with reference to the Agreement between the city of and Redflex Traffic'Systems, inc. for Photo red light enforcement program,,dated as of by and between the City and Redflex (the "Agreement"). 1. Redflex has entered into a Credit Agreement, dated as of August 3,2003 (the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank(the "Bank"),pursuant to which the Bank has provided certain working capital credit facilities to Redflex. Such credit facilities will provide Redflex the working capital that it needs to perform its obligations to the City under the Agreement. 2. Pursuant to the Harris-Redflex Credit-Agreement, Redflex has,granted Harris a security interest in all of Redflex's personal property as collateral for the payment and performance of Redflex's obligations to the Bank under the Hams-Redflex Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including,without limitation, all of Redflex's rights and interests under the Agreement. 3. Redflex will not, by virtue of the Harris-Redflex Credit Agreement,be relieved of any liability or obligation under the Agreement, and the Bank has not assumed any liability or obligation of Redflex under the Agreement. 4: The City hereby acknowledges notice of, and consents to, Redflex's grant of such security interest in favor of the Bank in all of Redflex's rights and interests under the Agreement pursuant to the Harris-Redflex Credit Agreement. 5. The City further acknowledges and agrees that this Acknowledgement and Consent shall be binding upon the City and shall inure to the benefit of the successors and assigns of the Bank and to any replacement lender which refinances kedflex's obligations to the Bank under the Hams-Redflex Credit Agreement. IN WITNESS WHEREOF,the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. The City: Redflex: CITY OF GRAND TERRACE, a REDFLEX TRAFFIC SYSTEMS, INC., Municipal Corporation a Delaware Corporation By: By: Name: Name: Title: Title: 30 i :8 RAMD TERR C Community Services Department Staff Report MEETING DATE: April 24, 2007 SUBJECT: 2007 Contract with the City of San Bernardino for Animal Housing Services FUNDING REQUIRED: (X) BACKGROUND: At the July 22, 2003 Grand Terrace City Council Meeting, the council approved anew Animal Control Contract with the City of Colton. Staff has been very satisfied to date with the animal control services provided by the City of Colton. The City of Colton relies on the animal housing services from the City of San Bernardino and required the City of Grand Terrace to negotiate a contract with the City,of San Bernardino. The City Council executed the contract with the San Bernardino City Animal Housing Director in 2003'. Staff has been very satisfied with their services to date., Contract.Summary: • Contract date from 7%1/07 to 6/30/10 • Pricing increased$5 per dog,$6 per.cat and$5 for other animals; animal disposal fee remains the same at$950 annually, • The city attorney has reviewed and approved'the contract terms • 'This Agreement may be terminated by either party upon 90.days written�notice. RECOMMENDATION Staff recommends continuing our contract with the City of San Bernardino for Animal Housing Services effective 7/l/07 to 6/30/10 with termination by either party with-a 90-day,written notice. JJ COUNCIL AGENDA ITEM NO. �� _ AN.iMAL CONTROL.DEPARTMENT KENNETH CEa DRESS DIRECTOR ri. 333 Chandler Place•San Bernardino,CA 92408-2097 - 909.384.1364 San Bernardino wwwsbcity.org SM March 15, 2007 Steve Berry Assistant City'Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 923313 Re: Animal Housing Services Agreement 2007 -Dear Mr. Berry: Enclosed please find our proposed Animal Housing Services Agreement between the. City of San Bernardino and the,City of Grand Terrace. The current agreement will expire June 30, 2007. Our agreement to provide animal housing, adoption and disposal services is essentially the same with the exception of increases in.the per animal rate we charge the City of Grand Terrace. Current fees of$30 per dog, $19 per cat and.$10 for other animals will increase to 135 per dog, $25 per cat and $15 for.other animals Since the passage of the Haden Bill, additional requirements have been mandated for animal shelters to hold ALL animals for specific lengths of time. The housing and daily care of cats, including ferals, has been-become particularly burdensome and in fact, many facilities are charging the same rate for dogs and cats. At some point in time, the City of San Bernardino will need to address additional state mandates on the housing and care of animals. In particular, we will have to replace our aging facilities. While these changes will certainly bring increased costs, I am hopeful that a regional effort to address the issues will ultimately be beneficial and cost effective to participating cities. Please call me at 384-1304 extension 1514 if I can answer any questions. Sincerely, Kenneth Childress i� ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND'THE CITY OF SAN BERNARDINO THIS'AGREEMENT ("Agreement") is entered into this I" day of July 2007, by and between.the CITY OF SAN BERNARDINO, a municipal corporation(hereinafter "San Bernardino"), and the City-of Grand Terrace,'a municipal corporation(hereinafter "Grand Terrace"). WHEREAS, Grand Terrace desires to provide-for its citizens an animal housing service; and WHEREAS, San Bernardino has an animal shelter and other facilities and resources that qualify,it to provide animal housing services for Grand Terrace for handling the impounding and disposal of animals; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND,CONDITIONS CONTAINED HEREIN, THEYARTIES MUTUALLY AGREE THAT: 1. Scope of Services. San Bernardino will-impound, care for and-dispose of animals delivered to the San Bernardino Animal Shelter by residents of, or official representatives of, Grand Terrace according to the,provisions of this agreement. 2. Impounding and Disposal of Animals. San Bernardino shall, through'its Animal Control Department, accept, impound and dispose of dogs, cats or other animals, which are delivered to the San Bernardino Animal Shelter by an agent, officer; 1 employee or resident of Grand Terrace.,, San Bernardino shall, for and on behalf of Grand Terrace, pursuant to applicable laws, release to owner; adopt,humanely destroy, or otherwise dispose of all animals received. No domesticated animal I •I r 1 L,3 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO shall be disposed of without an attempt to notify the owner, if the owner is,known by San Bernardino. San Bernardino shall not provide for emergency veterinary care. Grand Terrace is responsible for transporting and seeking appropriate emergency treatment for ill and/or injured animals: 3. Holding Periods. No healthy dog, cat, or other domesticated animal shall be disposed before the time allotted for under state law. After the required holding period, the animal becomes-the property of San Bernardino and San Bernardino is authorized to dispose of the animal in any manner permitted by law. Animals requested by Grand Terrace to be held longer than,required by law, other than rabies quarantine, shall additionally be charged by the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such instances shall include, but are not limited to: animals held as "evidence"in cruelty or other-court cases). Rabies quarantined animals will be held for ten (10) days from the date of the bite with no additional charge to Grand Terrace., 4. Warranty of Lawful Apprehension. Grand Terrace warrants to San Bernardino that all animals impounded by its agents, employees or other authorized representatives have been apprehended and impounded pursuant to existing laws. 5. Consideration. 2 Ef ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO a. Grand Terrace shall pay to San.Bernardino, $35.00 for any canine (dog or- puppy),,and$25.00 for any feline (cat or kitten) impounded and-$15.00_for every other animal. A litter.of un-weaned puppies and kittens, or other un- weaned animals shall be charged as one animal. Additionally, Grand Terrace shall pay for livestock and-other animals delivered-to Sari Bernardino under the terms of this agreement the following fees: DAILY BOARD AND CARE LARGE LIVESTOCK(Over 500 lbs) 12.50 per day (Horses,Mules,Donkeys,.Cattle, etc) MEDIUM LIVESTOCK (25 to 500 lbs) 10.00 per day (Goats, Sheep, Pigs, etc.) . SMALL ANIMALS 5.00 per day (Rodents,Rabbits, Chickens, Birds, etc) , San Bernardino shall present an invoice on,or,before the tenth day of each month,for.the amount due. Grand Terrace shall pay said invoice not later than the last day of the month in which billed. -Grand Terrace shall pay an annual fee of$ 950.00 for dead animal disposal,which shall be billed to Grand Terrace in each-July invoice at the beginning of each contract year. b. Grand Terrace shall promptly review invoices-and notify San Bernardino of any objection thereto; absent such objection in writing within ten(10) days of the date of the invoice, the invoice shall be deemed proper and acceptable. ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO c. If Grand Terrace fails to pay San Bernardino within thirty(30) days after the invoice is submitted, Grand Terrace agrees that San Bernardino shall have the right, after written notice to Grand Terrace, to consider such default in payment a material breach of this entire agreement. Grand Terrace shall have ten (10) days following the date of such written notice within which to correct such breach. If Grand Terrace continues to fail to make payment,the duties, Qbligations and responsibilities of San Bernardino under this agreement are terminated. Such termination by San Bernardino does not release Grand Terrace from the obligation to pay San Bernardino for services rendered according to Section 5(a) above. d. Grand Terrace may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Grand Terrace must give written notice to San Bernardino within ten(10) days of the date of the disputed invoice if Grand Terrace is disputing any sum under "sub-paragraph 5(b). Such withholdings shall not be deemed to constitute a failure to pay as that term is used in sub-paragraph 5(c). San Bernardino shall not discontinue its service for a period of thirty(30) days from the date of the withholdings, as a result of such withholding. San Bernardino shall have the right of appeal to the Mayor and City Council of Grand Terrace with respect to such disputed sums. The determination of the Mayor and City Council of Grand Terrace 4 �F ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE`AND THE CITY-OF SAN BERNARDINO with respect to such matter shall be final. San Bernardino shall be entitled to receive interest on any withheld sums at the rate of seven percent(7%) simple per annum from the date of withholding of any amounts found-to be 'improperly withheld. For any disputed sum, either party may attempt to collect a debt through a civil proceeding. 6. Deputization. San Bernardino animal control officers, agents or employees shall be authorized to collect Grand Terrace's license, apprehension, and related-penalty fees at the Animal Shelter, as directed by Grand'Terrace, for all animals received-under this agreement. San Bernardino shall provide all animal impound records and release forms to Grand Terrace. 7. Funds Collected by San Bernardino. Apprehension fees,,license deposits and penalties collected by San Bernardino for Grand Terrace in connection with this agreement shall,be paid to Grand Terrace on or before the twentieth day of each month following collection. Fees for adoption, micro-chipping;daily board, vaccination, euthanasia and release shall be retained by San Bernardino. Rabies vaccination deposits shall be refunded to the depositor upon presentation of proof of vaccination. 8. Term. This agreement shall become effective July 1, 2007 and end June 30, 2010. If a new Agreement has not been negotiated prior to the termination date, then San Bernardino may continue to provide theiservice-of this Agreement.for the amount-of i - 5 ; t. , ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO the June 2008 invoice plus five percent(5%) for each additional month until a new Agreement is established or Grand Terrace no longer requires animal housing services from San Bernardino. . 9. Grand Terrace's Indemnification. Grand Terrace agrees and promises to indemnify, defend and hold harmless San Befardino, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses, and,liability for damages to persons or property that maybe Asserted or claimed by any persons, firms, entity, corporation,political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims; demands, lawsuits, and liability for damages to persons or property arising from the negligence or willful misconduct of San•Bernardino, its officers, elected officials, employees,or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The cogts,-salary, and expenses of the San Bernardino City Attorney and members of his or her office shall be considered as ."attorney's fees for the purposes of this paragraph.. 10. San Bemardino's Indemnification. San Bernardino agrees and promises to indemnify, defend, and hold harmless Grand Terrace, its officers, employees and..agents, from and against any and all actions; causes of action, claims, demands, lawsuits, costs and.expenses, and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation,political subdivision, or other 4 6 ? ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims, demands, lawsuits and liability for damages to persons or property arising from the negligence or willful misconduct of Grand Terrace, its officers, employees or agents. 11. Termination. This Agreement may be terminated by either party upon 90 days written notice. In the event of termination, San Bernardino shall be paid for the work performed under this agreement to the date of termination. 12. Cooperation. Grand Terrace agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 13. Warranty. San Bernardino makes no warranty, either express or implied, as to its findings,recommendations,plans, reports,professional advice or other work. 14. Independent Contractor. San Bernardino shall be an independent contractor and not an employee, nor shall any of San Bernardino's employees, agents or subcontractors operating under this Agreement be an employee of Grand Terrace. 7 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 15. Conflict of Interest. a. San Bernardino or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the"Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2)prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interest. b. San Bernardino shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by Grand*Terrace. 16. Invalidation. In the.event any provision of this Agreement is held to be invalid and unenforceable, the remaining provisions of this Agreement shall remain valid and binding on the parties thereto. 17. Notices. A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by certified mail, return receipt requested, addressed as follows: Grand Terrace San Bernardino Assistant City Manager Director of Animal Control City of Grand Terrace City of San Bernardino 22795 Barton Road 333 Chandler Place 8 T y � ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAN_ D TERRACE AND THE CITY OF SAN BERNARDINO Grand Terrace, CA 923313 San Bernardino,.CA 92408 (909) 430-2226 (909) 384-5275 Any notice so given shall be considered served on the other party three(3) days after the date of mailing. The address for the notice may be changed by giving written notice of such change pursuant to this paragraph. 18. Understandings. There are no,understandings or agreements except as expressly stated herein. 19. Attorney Fees. In any litigation relating-to this Agreement, the prevailing party shall be entitled to reasonable attorney fees. The costs, salary and expenses of any in- house counsel and/or the City Attorney and members of his/her office in enforcing - this Agreement shall be considered as "attorney fees"for the purpose of this paragraph. 20. Entire Agreement:. This contract constitutes the entire Agreement between Grand Terrace and San Bernardino and may be modified only by further written agreement between the parties through their respective.authorized bodies. 21. Construction of Provisions and Titles: All titles or subtitles appearing in this Agreement have been inserted for the convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions of such Agreement. 9 �§ ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement upon the terms, conditions and provisions above set, on the date first herein above written. Grand Terrace City of San Bernardino A Municipal Corporation A Municipal Corporation By: By: Maryetta Ferre, Mayor Patrick J. Morris, Mayor Attest: Attest: City Clerk City Clerk Approved as to form. City Attorney City Attorney By: By: John Harper James F. Pennman 10 JL STAFF "PORT, CRA ITEM O COUNCIL ITEM (X) "MEETING DATE: April.24, 2007 SUBJECT: Joint Community Facilities'Agreement (JCFA) and Reimbursement Agreement for the Springbrook Project In 2004 the City of Grand Terrace had the Springbrook Estates project conditioned by Riverside County to pay $550 per,home as a traffic mitigation fee. The Springbrook Estate project is 650 homes and will generate $357,500 in mitigation fees. The developer is proposing to form a Community Facilities District for the purposes of selling bonds to.provide funding for the Riverside Unified School District as well as the $357,500 in traffic mitigation fees for the City. Two agreements need to be entered into. The first is a Joint Community Facilities agreement between Riverside Unified School District and the City of Grand Terrace creating the Springbrook Community Facilities District. This agreement will form the CFD which will ultimately sell bonds for the purposes of creating funds to satisfy the development fees for both the city and the school district. The second agreement provides for reimbursement of development fees from bond proceeds. The agreement,acknowledgesthat the payment of the city traffic mitigation fees by the developer prior to the formation of the CFD and the sale of the Bonds will be reimbursed back to �J the developer from bond proceeds. Staff Recommendation: Authorize the City Manager.to execute an.agreement_providing for reimbursement of development fees from bond.proceeds and a Joint Community Facilities Agreement between Riverside Unified School District and the City of Grand Terrace creating Springbrook Community Facilities District. COUNCIL AGENDA ITEM NO. �� i JOINT COMMUNITY FACILITIES AGREEMENT BETWEEN RIVERSIDE UNIFIED SCHOOL DISTRICT AND THE CITY OF GRAND TERRACE (SPRINGBROOK COMMUNITY FACILITIES DISTRICT) THIS JOINT COMMUNITY FACILITIES AGREEMENT (the "Agreement") is entered into as of May_, 2007, by and between RIVERSIDE UNIFIED :SCHOOL DISTRICT, a school district of the State of California (the "School District") and the CITY OF GRAND TERRACE, a municipal corporation(the "City"). RECITALS : - _ A. ERP Holding Co., a Delaware limited liability company (the "Developer"), is the owner of certain real property located in an unincorporated portion of Riverside County known as ' Springbrook, as generally shown on Exhibit A, attached hereto, representing Tract Nos. 30908, 30908-1, 30909, 30909-1 and.30909-2 (the "Tracts"), that consists of 650 proposed single family residential lots (the"Property"). B. The Board of Education of the School District (the "Board of Education.") is considering the initiation of proceedings to form a community facilities district for the Springbrook project that is currently identified as Community Facilities District No. 19 of Riverside Unified School District (as however ultimately designated, the "CFD"). under the authority of the Mello-Roos Community Facilities Act of 1982 (the_ "Act") (commencing with Section 53311 of the California Government Code (the"Code")). C. The boundaries of the CFD includes all of the Property.' The CFD will contain two or more improvement areas (each, an "Improvement Area"). At different times, the CFD will issue one or more series of bonds (the "Bonds") for each Improvement Area for the financing of the authorized facilities. , D. The Developer has requested and proposed that the CFD be formed for the purpose of financing, with the proceeds of special taxes and the sale of the bonds of the CFD, among other things (i) certain public school facilities of the: School District (the "School Facilities"), in'satisfaction of the obligation of the Property and the Developer for the payment of school mitigation fees to the School District, and (ii) the design, construction and/or acquisition of certain public facilities of the City (the "City Facilities") in satisfaction of the obligation of the Property for the payment of certain fees to the City. The City Facilities are described in Exhibit"A"attached hereto. E. Pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Government Code, (i) a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to that section; (ii) a party to such an agreement may use the proceeds of any bonds or other indebtedness issued pursuant to the Mello-Roos Act to provide facilities which that party is otherwise authorized by law to provide, even though another party to the agreement does not have the power to provide those facilities; and (iii)no local agency which is a party to a joint community facilities agreement shall have primary responsibility for formation of a community facilities district 3/30/07 9114.1 H&O:#37285 Q unless it is reasonably expected to have responsibility_for providing facilities to be financed by a larger share of the proceeds of bonds and special taxes of the community facilities district created pursuant to the agreement than any other local agency. F. The School District will ensure that'the School District will receive-the largest share of the proceeds of the sale of the bonds and special taxes of the, proposed community facilities district•compared with the City and any other local•agency that will benefit from the proceeds of the bonds, and the School District is, 'therefore, -the appropriate agency to have primary responsibility for formation.of the proposed community,facilities district: G. The purpose of this Agreement is to set forth.the understandings of'the-School District and the City with respect to the formation of the proposed community facilities district, if it-is established, the authorization of bonded indebtedness and the sale of bonds (in one or -more series) for the community facilities district, and the allocation of the,proceeds of the sale of such bonds between,among others, the,School District-and the City for the design, construction and*acquisition of the School Facilities and.the.City Facilities. H. The estimated amounts of the aggregate bonded indebtedness of the CFD which will be utilized for financing the,City Facilities is $357,500. The provisions of this Agreement are intended to apply to each Improvement Area in the CFD.-,, I. By entering into this Agreement, the School District and the City are mutually expressing that this Agreement will be beneficial tcr the respective residents of the City and the School District. t NOW, THEREFORE,in consideration of the preceding recitals and the mutual covenants hereinafter contained,the parties agree.as follows: , 1. Formation Proceedings. The'Board of Education shall conduct proceedings pursuant to the Code for the formation of the CFD which shall.include Improvement Areas. The Board of Education shall also conduct proceedings pursuant to the Act to authorize the CFD to incur a bonded indebtedness in an aggregate principal amount determined by the School District. to'finance the -design, construction and acquisition of, among other things, the City Facilities. The Board of Education shall commence such proceedings as•soon as is reasonably possible and shall thereafter conduct and complete.such proceedings in a timely manner. - 2. Issuance of Bonds. -Upon completion of the proceedings for the formation of-the CFD and the authorization of bonded indebtedness, the School District shall proceed to issue and sell one or more series of Bonds for each Improvement Area in an aggregate principal amount determined by the School District to finance, among other things, the City Facilities. The School .District shall proceed with the issuance and sale of such Bonds when it is determined, in the sole discretion of the School District, that all of the'conditions which must be satisfied in connection with the issuance and sale of Bonds of a community facilities district such as the CFD, including the requirements of Section 53345.8 of the Government Code, have been satisfied.. 'In making such determination-, the 'School District shall be guided by the advice of its bond counsel and financial advisor and the underwriter of the Bonds. 3/30/07 9114.1 H&O:#37285 v2 2 3. Constriction of the City Facilities. The City shall be responsible for constructing i all City Facilities. 4. Allocation of Construction Funds. The fiscal agent agreement or indenture for the Bonds shall provide for the creation of separate account for the City into which amounts of the net proceeds of the sale of the Bonds shall be deposited to finance the construction and acquisition,of the City Facilities (the "City Facilities Account"). The School District will create separate accounts for each other local agency (including itself) that will have facilities financed by the proceeds of the Bonds (the "Other Accounts"). Except as provided below, no part of the funds on deposit in the Other Accounts will be available to pay for the City Facilities, and no - part of the funds on deposit in the City Facilities Account will be available to the other local ;. agencies. `,Upon .the sale of the Bonds, the School District shall provide for the deposit of amounts of the net proceeds from. the sale of the Bonds in the Other Accounts and the City Facilities Account. The amounts to be deposited in the Other Accounts and the City Facilities Account shall be determined by the School District in its discretion. The fiscal agent agreement or bond indenture for the Bonds shall provide that earnings from the investment of the amount of deposit in the City Facilities Account shall be retained in such account. Notwithstanding the preceding provisions of this- paragraph, if any portion of the amount deposited in the City Facilities Account will not be disbursed to pay the costs of the construction and acquisition of the City Facilities, the School District and the City shall instruct the fiscal agent or the trustee-for the Bonds to transfer such portion to one or more of the.,Other Accounts. Likewise, the School District may deposit funds from the Other Accounts into the City Facilities Account for the financing of the City Facilities. 5. Requisition of Funds and Credit Against Development Fees. The fiscal agent agreement or the bond indenture for each series of Bonds shall provide that the fiscal agent or trustee for the Bonds shall make payments of funds from the City Facilities Account to the City for the ultimate construction of the City Facilities, upon receipt by the fiscal agent or trustee from the School District or the City of written requisitions that satisfy conditions that shall be set forth in the fiscal agent agreement or bond indenture, and which are usual for the payment of funds by a fiscal agent or trustee for proceeds of Bonds which are held in a construction and acquisition fund under a fiscal agent agreement or bond indenture. Upon receipt of the proceeds of Bonds from the City Facilities Account, ,the City shall .provide a. credit against the Development Fees otherwise due from the Tractsidentified by the Developer. 6. Governmental Use-of City Facilities. The City shall not use or permit the City Facilities to be used for any activity that would constitute a"Private Use. The City understands (i) that the term "Private Use." means any activity that constitutes a trade or business that- is carried on by persons or entities, other than governmental entities; (ii) that the leasing of the City Facilities or access by persons or entities other than a governmental unit to the City Facilities on a basis other than as a member of the general public ("General Public Use") would constitute a Private Use;,and (iii)that the use of the City Facilities in a trade or business would constitute a General Public Use only 'if the City Facilities are. intended 'to be available and are in fact reasonably available for use on the same basis by natural persons not engaged in a trade or business. The City represents to the School District that the City's employer identification number is 95-6000769. 3/30/07 9114.1 H&b:#37285 v2 3 7. Responsibility and Indemnification. The City shall have sole responsibility for the design, construction and acquisition of the City Facilities. ' The School District agrees to indemnify and hold the City harmless from any and all -liability of any nature whatsoever, ,including attorneys' fees and costs, with respect to the design, construction,and acquisition of the School Facilities and the expenditure of the amounts of the proceeds'of the Bonds which are deposited in the School Facilities Account'pursuant to Section 4 above. The City agrees to indemnify and hold the School District harmless from any and all liability of any nature whatsoever, including attorneys' fees- and costs, with respect to the design, construction and acquisition of the City Facilities and the expenditure of the amounts of the proceeds of the bonds which are deposited in the City Facilities Account pursuant-to Section 4 above-. The School District further'agrees to defend, indemnify and hold the-City harmless from any responsibility or liability, including attorneys' fees and costs, in the event of any challenge by any person regarding (i) the School District's authority to issue and sell the Bonds of the CFD, (ii) the legal sufficiency of the proceedings for the formation of the CFD or (iii) the authority of the School District to levy special taxes on the land in the CFD to pay the principal of and interest on such Bonds. 8. Entire Agreement. This Agreement contains the entire agreement between the .parties with respect to the matters provided for herein and supersedes all prior agreements and ' negotiations between the parties with respect to the subject matter of this Agreement. 9. Amendment. This Agreement may be amended at 'any time by 'a subsequent written agreement signed on behalf of all parties. 1 10. Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either'express or implied) is intended to confer upon any person or entity, other than the School District and the City any, rights, remedies, obligations or liabilities under or by reason of this Agreement. 11. California Law. This Agreement shall be governed and interpreted by the laws of the State of California. 12. Counterparts. This Agreement may be.'executed in counterparts, each which shall be deemed an original, but all of which shall constitute but one agreement. [Remainder of Page Intentionally Left Blank] 313o%7 9114.1 H&O:#37285 v2 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. RIVERSIDE UNIFIED SCHOOL DISTRICT By: Assistant Superintendent, Operations CITY OF GRAND TERRACE By: City Manager ATTEST: City Clerk 3/30/07 9114.1 H&O:#37285 v2 5 r► EXHIBIT"A" DESCRIPTION OF CITY FACILITIES 1. Road and traffic improvements financed by the collection of traffic fees, including, but not limited to, street widening, street•resurfacing, signal lights installation, and street reconstruction. 3/30/07 9114 1 H&O•#37285 v2 Exhibit A Cis+! AGREEMENT PROVIDING FOR REIMBURSEMENT OF DEVELOPMENT FEES FROM BOND PROCEEDS (TRACT NOS. 30908, 30908-1,30909, 30909=1 and 30909-2) THIS AGREEMENT is entered into as of the _ day of April, 2007, by and between ERP HOLDING CO., INC., a Delaware corporation ("Developer"), and the CITY OF GRAND TERRACE, a municipal corporation("City"). • RECITALS: (A)- Developer is the owner and developer of the Springbrook project which , includes the land within Riverside County'Tract Nos. 30908, 30908-1, 30909, 30909-1 and 30909-2 (the "Tracts"), located in the unincorporated portion of the County of Riverside (the "County"). (B)- City has entered into an agreement with Riverside Unified School District (the "School District') entitled "Joint Community Facilities Agreement Between Riverside ' Unified School District and the City of Grand Terrace (Springbrook Community Facilities ,District)," dated as of April 1, 2007 (the "JCFA"). All capitalized terms used herein,and not defined shall have the meanings given to such terms in the JCFA. (C) The JCFA provides for the formation by the School District of a community facilities district for the Springbrook project (identified as Community Facilities District No. 10 of Riverside Unified .School District) (as however ultimately designated, the "CFD') to finance with the proceeds of the sale of the bonds of the CFD, among other facilities, certain facilities of City (the "City Facilities") which would otherwise be financed with development fees which would be- paid by the owner of the property in the Tracts. 'Such development fees (the "Development Fees") — consisting of certain Traffic Mitigation Fees (as set forth in the conditions of development for the project) - are identified in Exhibit"A"attached hereto. The Tracts will be located within the boundaries of the CFD. (D) In order for Developer to obtain approval from City for the recording of the subdivision map.for the Tracts and proceed with the construction of improvements within the Tracts, it has been and will be necessary for Developer to pay Development Fees for the Tracts to City before the bonds of the CFD will be sold and City will receive proceeds thereof for financing the construction and installation of the City Facilities. Developer also seeks assurance from City that if Developer has not paid all of the Development Fees,for the Tracts before and after the bonds of the CFD are sold, the proceeds of the sale of such bonds which are allocated to City for the City Facilities will also be utilized by City, as hereinafter provided, to reimburse Developer the Development Fees which are thereafter paid or for the construction and. acquisition of the City Facilities. The purpose of this Agreement is to memorialize the understanding between Developer and City with respect to the reimbursement of the Development Fees which Developer has paid and may pay to City before and/or after such bonds are sold. (E) The CFD will be formed with two or more improvement areas (each, an "Improvement Area"). At different times, the CFD will issue one or more series of bonds (the 3/30/07 9114.1 H&0:#37287 A I ' "Bonds") for. each Improvement Area for the financing of the City Facilities financed by the Development Fees. The JCFA authorizes the financing of the City Facilities in each Improvement Area., NOW, THEREFORE, it is agreed as follows. 1. Among other uses, the proceeds from the sale of one or more series of Bonds may be allocated to the payment of the City Facilities (the "Available Proceeds"), Upon receiving the Available Proceeds from any series of Bonds;•City shall reimburse Developer for Development Fees 'which it has paid with respect to Tracts in any Improvement Area. It is estimated by City and Developer that the Available Proceeds from.all series of Bonds will be in the approximate amount of$357,500. 2. After a series of Bonds are sold and the Available Proceeds from that series of Bonds have been allocated to or received by City, City shall as soon thereafter as is reasonably possible reimburse Developer for the Development Fees which have been previously paid for the Tracts in an amount which shall not exceed the Available Proceeds. Any remaining portion of the Available Proceeds, after City has reimbursed Developer, shall thereafter be utilized by City to the extent thereof, together with investment earnings thereon,. if any, (i) to reimburse to Developer, for the Development Fees which are thereafter.paid by Developer or(ii) for the construction and acquisition of the City Facilities, as City, with a credit against Development Fees otherwise due from the Tracts. 3. The sole source of funds from which Developer will be entitled to receive ! reimbursement from City for.Development Fees paid to City and which will be utilized by City ` for reimbursing to Developer the Development Fees shall be the Available Proceeds. If the Available Proceeds from all series of Bonds are in an amount which is less than the total amount of the Development Fees-which are paid by Developer with respect to the Tracts, upon payment _ by City to Developer of the total amount of the'Available Proceeds for all'series of Bonds, City shall have fully satisfied its obligations pursuant to this Agreement. 4. Developer is the master developer of the Tracts, and, as part of its business plan, may sell all or a portion of the Tracts to merchant builders. In- such a case, it is the merchant builders who may pay the Development Fees for the Tracts owned by such merchant builder. Notwithstanding that the merchant builders may have paid the Development Fees,-City shall reimburse Developer (and Developer only) from the Available Proceeds. If City requires evidence that the merchant builders who paid the Development Fees have consented to Developer receiving reimbursement from Available Proceeds; Developer shall provide such evidence, which may include.a written letter signed by the merchant builder or a copy of the fully-executed purchase agreement containing such consent. City shall not reimburse any party other than Developer for Development Fees from the Available Proceeds without the written direction of Developer. 5. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 3/30/07 9114.1 H&0:#37287 v3 2 �° 6. This Agreement may be amended at any time by a subsequent written agreement signed on behalf of both parties. 7. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City and Developer any rights, remedies, obligations or liabilities under or by reason of this Agreement. 8. If either party commences a court action or proceeding against the other party with respect to the rights and obligations of the parties under this Agreement, the prevailing party in such action or proceeding shall be entitled to receive from the losing party reasonable attorney's fees, as determined by the court, and costs incurred by it in prosecuting or defending such action or proceeding. 9. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. 10. This Agreement may be executed in counterparts, each which shall be deemed an original, but all of which shall constitute but one agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF GRAND TERRACE By: City Manager ATTEST: City Clerk [SIGNATURES CONTINUED ON NEXT PAGE] 360/07 9114.1 H&O•#37287 v3 3 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] ERP HOLDING CO., INC., a Delaware corporation By: Name: Title: A 3/3q/07 9114.1 H&O•#37287 Q EXHIBIT A DESCRIPTION OF DEVELOPMENT FEES 1. Traffic Mitigation Fee $550 per unit * These amounts are provided for informational purposes only and are the amounts currently due. Notwithstanding the amounts shown above, the JCFA authorizes the financing of the City Facilities in the amount of the fees that are due at the time of payment of such fees. s 3/30/07 9114.1 H&O:#37287 Q a RAND TERR C Community Services Department Staff Report MEETING DATE: April 24, 2007 AMENDED APRIL 23, 2007 SUBJECT: AWARD CONTRACT TO ROQUET PAVING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED PROJECT-NEWPORT AVENUE STREET IMPROVEMENT##32325 X FUNDING AUTHORIZATION REQUIRED: BACKGROUND: The City of Grand Terrace is under contract with County of San Bernardino Department of.Economic and Community Development (ECD)who is responsible for the review and compliance of programs conducted within Grand Terrace. This includes not only the conducting of the grant process, but also the administration of project implementation and compliance. At the 12-14-06 City Council meeting,council approved the re-allocation of the remaining balance of CDBG project#106-29110/2618 to be used with the balance in the un-programmed funds for the Newport Avenue Street Improvements project log#32325. This new project was competitively bid out in March 2007 with the bid opening on Monday,April 23,2007 at 10 a.m. Staff received seven sealed bid packages which were opened and recorded at 10 a.m. on April 23rd by the City Clerk. Below are the bids: All American Asphalt - $160,200 r IPS $153,680 Imperial Paving $140,900 RJ Noble $126,600 Palm Canyon $124,833 Pavement Recycling $121,950 Roquet Paving $108,526 RECOMMENDATION: Staff is recommending awarding the Newport Avenue Street Improvement Contract, project log#32325,to Roquet Paving,the lowest,most responsible bidder as determined by the ranking from the 4-23-07 bid opening. COUNCIL AGENDA ITEM NO. �D