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01-26-2010 FILE COPT (.1T y ° January 26,20"10 GRl9flD TERR c 22795 Barton Road Grand Terrace California 92313-5295 Civic Center ' CITY•�OF GRANT) .TERRACE �/ -(909)824-6621 Fax(909)783-7629 Fax(9,09)783-2600 CRA/CITY COUNCIL Maryetta Ferr6 -Mayor REGULAR MEETINGS- Lee Ann Garcia- 2ND AND 4TH,Tuesday 6:00 p:m. Mayor Pro Tem Bea.Cortes Jim Miller Walt Stanckiewitz Council Members Betsy M.Adams - ° City Manager' Council Chambers_ Grand Terrace Civic,Center 22795 Barton.Road, 'Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS January 26,2010 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO - " SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- a STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION S. CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 01-12-2010 Minutes Approve 2. Traffic Engineering Services Agreements-Albert A.Webb Approve/Appropriate ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month-Lion's Club B. Update on High School Construction-Jim Ayala,CJUSD 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated 01-26-2010 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 01-12-2010 Minutes Approve D. Professional Services Contract for Preparation of an Approve Environmental Initial Study/Mitigated Negative Declaration for the Canal Village Project i COUNCIL AGENDA 01-26-2010 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION E. Traffic Engineering Services Agreements - Transportation Approve Engineering and Planning,Inc. j F. Crime Prevention Committee Minutes of 08-10-2009&09-14- Accept 2009 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS A. A Resolution of the City Council of the City of Grand Terrace, Adopt California,Adopting Residential and Commercial Solid Waste and Recycling Rates ® B. First Reading of an Ordinance of the City Council of the City of Approve Grand Terrace Adding Chapter 15.56 to Title 15 of the Grand Terrace Municipal Code Establishing a Water Efficient Landscape Ordinance. C. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Grand Terrace Municipal Code Regulating the Sale and Discharge ofFireworks 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS-None 9. CLOSED SESSION A. Closed Session - Conference with Real Property Negotiators (Government Code Section 54956.8) Proi)erty-APN 0275-231-48 through 0275-231-66(Parcel South of 21945 Grand Terrace Road/North of 21845 Grand Terrace Road) Pro e - APN 0276-213-47 (Parcel South of 11891 Preston Street/North of 11971 Preston Street) Agency Negotiator-Betsy M.Adams Under Negotiation-Price and Terms of Payment ADJOURN THE NEXT CRA/CITY COUNCIL.MEETING WILL BE HELD ON TUESDAY,FEBRUARY 9,2010,AT 6:00 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 -JANUARY 12,2010 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on January 12, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Chairman Lee Ann Garcia, Vice-Chairman Bea Cortes, Agency Member Jim Miller, Agency Member Walt Stanckiewitz, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, Sheriffs Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 12-08-2009 MINUTES CRA-2010-01 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES, CARRIED 5-0, to approve the December 8, 2009 Community Redevelopment Agency Minutes. ENGINEERING AND DESIGN CONTRACT FOR THE NEW BASEBALL FIELD NORTHWEST OF PICO PARK Vice-Chairman Garcia,questioned if there has been communication between City Staff and the Grand Terrace Little League regarding this item. Joyce Powers, Community and Economic Development Director,responded that City staff has been talking to Ken Boardmen and has included him in the process. The project kick-off meeting has been scheduled for January 13, 2010 and Mr. Boardman has accepted the invitation and will be attending the meeting. CRA►AGENDA ITEM NO. ` Community Redevelopment Agency Minutes January 12,2010 Page 2 Vice-Chairman Garcia,questioned if the entire Board has been involved in the process or just the President. Community and Economic Development Director Powers,responded that only the President has been involved. Vice-Chairman Garcia,confirmed that he is speaking on behalf of the Board and they are in concurrence with it. Community and Economic Development Director Powers, responded in the affirmative. Agency Member Stanckiewitz,felt that the contract was in depth and would like to use it as, a model for future contracts. CRA-2010-02 MOTION BY AGENCY MEMBER STANCKIEWITZ, SECOND BY AGENCY MEMBER MILLER, CARRIED 5-0,to approve a Consultant Services Agreement in the amount of$46,740 between the Agency and Fraco Enterprises, Inc., for the Engineering and Architectural Design of the new baseball field and approve a CRA budget appropriation in the Amount of $51,414 to fund design, plus a 10% contingency for any unforeseen work items. A RESOLUTION APPROVING THE DRAFT REDEVELOPMENT PLAN PRELIMINARY REPORT AND DRAFT AMENDED OWNER PARTICIPATION RULES,THE PROPOSED SIXTH AMENDMENT TO THE REDEVELOPMENT PROJECT DIRECTING THAT SUCH DOCUMENTS BE MADE AVAILABLE FOR PUBLIC INSPECTION, REVIEW AND COMMENT Vice-Chairman Lee Ann Garcia,stated that this is a big step in the history of Grand Terrace. She saw the numbers and what the consultants are recommending and they are big. She stated that she wanted it on record that if she agrees that this item should go forward she would ask for a study session and wanted it to be clear that if it is approved that it does not mean that she approves the draft. She feels that there is a lot of information and there has been little or no discussion between Staff and Council;at least on her part. She feels that it is very important that everyone is up to speed on the direction that the City is going. Agency Member Bea Cortes, stated that she had a meeting with Community and Economic Development Director, Joyce Powers. She would like to have another meeting so that she can have an even better understanding. She questioned if they approve this would Council be approving the draft. City Attorney John Harper, stated that all they will be doing is approving a draft that will be subject to a future public hearing. Community Redevelopment Agency Minutes January 12,2010 Page 3 Community and Economic Development Director Powers,stated that she is willing to meet with the Council individually or as a group in a study session. Agency Member Cortes, questioned how the amendment will affect the General Fund. Community and Economic Development Director Powers, gave an explanation. Agency Member Stanckiewitz, questioned what the status of the Town Center Land Assembly is, he thought it was complete. Community and Economic Development Director Powers,responded that there is still one parcel that is outstanding. Agency Member Stanckiewitz, referred to "Effect on School Population and Quality of Education" and wanted a definition of"Operational Purposes". Community and Economic Development Director Powers, responded that the distribution that goes to the school includes both capital projects,which would be expansion of facilities, etc., and their operational,which would be their administrative part of running the schools, not the district itself. CRA-2010-03 MOTION BY AGENCY MEMBER STANCKIEWITZ, SECOND BY AGENCY MEMBER MILLER, CARRIED 4-1-0-0 (VICE-CHAIRMAN GARCIA VOTED NO), to approve and make available, the Draft Amended and Restated Redevelopment Plan,Preliminary Report,and Draft Amended Owner Participation Rules for the proposed Sixth Amendment to the Redevelopment Plan for the Grand Terrace Community Redevelopment Project. FY 2008-2009 ANNUAL REPORT TO THE LEGISLATIVE BODY CRA-2010-04 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER STANCKIEWITZ,CARRIED 5-0,to continue the FY 2008-2009 Annual Report to the Legislative Body to January 26, 2010. Chairman Ferrd adjourned the Community Redevelopment Agency Meeting at 6:35 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,January 26, 2010 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace Community Redevelopment Agency Minutes January 12,2010 Page 4 CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace •' e w ALI1FORYlA AGENDA REPORT MEETING DATE: January 26, 2010 Council Item(X ) CRA Item (X) TITLE: Traffic Engineering Services Agreements PRESENTED BY: Joyce Powers, Community and Economic Development Director Richard Shields, Building& Safety/Public Works Director RECOMMENDATION: Agency: 1. Approve the attached Professional Consultant Services Agreement , in the amount of $125,000 between the Agency and Albert A. Webb Associates, for project oriented Traffic Engineering Services. 2. Appropriate $25,000 to fund services for the remainder of fiscal year 2009-10. City Council: 1. Approve the attached Professional Consultant Services Agreement in the amount of $80,000 between the City and Transportation Engineering and Planning, Inc., for regional oriented Traffic Engineering Services. BACKGROUND: The City currently receives traffic engineering services from Craig Neustadter of Transportation Engineering and Planning, Inc. Because the contract for services is no longer valid, staff issued a Request for Proposals (RFP) to identify other firms qualified to provide these services. DISCUSSION: The RFP was issued on October 5, 2009, and sixteen responses were received from firms interested in providing traffic engineering services. After identifying the most.experienced firms that met the RFP requirements, the review committee interviewed two engineering teams on January 7, 2010. The third firm invited to the interview was not able to attend. The interview team of the CED Director and Public Works Director recommend the firms of Albert A. Webb Associates (Webb) and Transportation Engineering and Planning, Inc. (TEP) for the services. Webb's corporate headquarters is located in Riverside and the personnel are familiar with the local traffic issues that the City experiences. Webb staff will he primarily CRA AGENDA MM N®. 2 1 working on development projects, traffic studies and other requested services. TEP staff, primarily Craig Neustadter, is extremely familiar with regional issues, and has been a City liaison to SANBAG. The attached Agreement with TEP is to continue this work, to include construction projects along the I-215. Staff recommends approval of the attached Consultant Service Agreements. The Agency contract with Webb requires a budget appropriation, but the City contract with TEP does not. FISCAL IMPACT: Sufficient funds for the Agency services are available in the CRA 80% undesignated fund balance. The Agency now has approximately $4.1 million available for new non-housing projects. In addition, the Agency has $2.7 million reserved for future debt service, pending approval of the Redevelopment Plan Amendment now in progress. Sufficient funds are available in the existing City engineering budget for the TEP, Inc. contract services for the 2009-10 fiscal year (cost $15,960). In subsequent years, funds will be appropriated through the yearly budget process. Respectfully submitted, oyce Powers Community and Economic Development Director Richard Shields Building & Safety/Public Works Director Manager Approval: Betsy M. AdanYs CRA Executive Director ATTACHMENTS: A. Professional Consultant Services Agreement between the Agency and Albert A. Webb Associates. B. Professional Consultant Services Agreement between the City and Transportation Engineering and Planning, Inc. .GW #V 371 AC1,A3r'_)A AA3 1 Attachment A Agreement between Agency and Albert A. Webb Associates 3 PROFESSIONAL CONSULTANT SERVICES AGREEMENT Albert A. Webb Associates Traffic Engineering Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 26t' day of January, 2010, ("Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY ("Agency"), a public entity, and Albert A. Webb Associates, ("Consultant"). 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with providing traffic engineering services to the Agency ("Services"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2012, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed One Hundred, Twenty-Five Thousand dollars ($125,000.00) through the term.in accordance with Exhibit "A". Said payments shall be made in accordance with Agency's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Agency at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Agency: To Consultant: Community Redevelopment Agency Bruce Davis, Albert A. Webb Associates Attn: Joyce Powers 3788 McCray Street 22795 Barton Road Riverside, California 92506 Grand Terrace, California 92313 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is Page I of 12 referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall. be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit `B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion-of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the r obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval'by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require Agency Executive Director and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including Page.2 of 12 5 attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City and/or Agency may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the Agency incurs or makes to or on behalf of an injured employee under the Agency's self-administered workers' compensation is included as'a loss, expense or cost for the purposes of this Section, and that this"Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the Agency's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail, postage prepaid.. 12.1.4 Adequacy. The Agency, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. Page 3 of 12 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with Agency. Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than$2,000,000. 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to Agency's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: Page 4 of 12 i It is agreed that the Community Redevelopment Agency and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the Community Redevelopment Agency. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the Agency from-claims resulting from the Consultant's activities. r 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury,'damage or loss, that may be caused by the subcontractors' 'scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon Agency's request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and'Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceeding's, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's Contract Administrator. ' Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the Agency. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the .property of Agency upon Agency's compensation to Consultant for its services .as herein provided. Consultant shall not release to others information furnished by Agency without prior express written approval of Agency. 19. Conflict of Interest. Consultant, for itself and on behalf'of the individuals,listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further.warrants that neither Consultant, nor the individuals listed in Exhibit "B" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or Agency to solicit or secure this Agreement, nor.has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Consultant only for the value-of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which'in any manner,affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe,and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall have the right to, terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the Agency's rights under Se_ctions 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall ,consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. Page 6 of 12 o 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination. ' 23.2 Agency may terminate this Agreement upon fifteen (15) days written notice io Consultant, in the event: 4 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 Agency decides to abandon or postpone the Project. _ { 24.. Off!:ets. Consultant acknowledges.and agrees that with respect to any business tax or penalties therec. utility charges; invoiced fee or other debt which Consultant owes or may owe to the Agency, agency reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by Agency to Consultant. Notice of such withholding and offset shall promptly a given to Consultant by Agency in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the Agency, Agency will hold such disputed amount until ei-,her the appropriate appeal process has been completed or until_the dispute has been resolved. 25. S, uecessors and Assigns. This Agreement shall be binding upon Agency and its successors and',issigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in. whole or in part, except as otherwise provided in r. paragraph 9 of s his Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto 1114 the purpose of enforcing a right or rights .provided for by this Agreement shall be tried in a courvof competent jurisdiction in the County of San Bernardino, State of California, and the parties, hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 4 27. Ncn2discrimination. Durinve Consultant's performance of this Agreement, Consultant shall not disc:;urinate on the grounds ;if race, religious creed, color, national origin, ancestry, age, physical . isability, mental disability, medical condition,'including the medical condition of Acquired Imwune Deficiency Syndrorn,, (AIDS) or any condition related thereto, marital status, sex, or sexual :3rientation, in the selection and retention of employees and subcontractors and the procurement 01. materials and equipment, except as provided in Section 12940 of the California -Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilit,�s Act in the performanc;: of this Agreement. Page 7 of 12 ; -ir 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from"this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties: Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms=length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit"A" shall be controlling. 32. Exhibits. The following exhibit's attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A" - Scope of Services, Project Schedule, and Fees Exhibit`B" - Personnel IN WITNESS WHEREOF Agency and Consultant have caused this Agreement to be duly executed the day and year first above written. Page 8 of 12 11 COMMUNITY REDEVELOPMENT AGENCY, Company A Public Entity Albert Ay ebb Associates By: By: Betsy M. Adams B ce Davis Agency Executive Director Vice President Attest: By: :agency Secretary/City Clerk Scott Webb Chief Financial Officer APPROVED AS TO FORM: By: Agency Attorney lazic 9 of 1 1` EXHIBIT"A" SCOPE OF WORK The staff supplied by the firm will be considered as City staff and will be expected to conduct,all duties normally assigned to the Traffic Engineer or Traffic Engineering Section within a City. The includes routine traffic engineering duties such as f traffic counts, signal timing, striping plans and the review of submitted signal and/or striping plans as well as more complex items such as review of Traffic Impact Analysis Studies for major projects, establishing program goals and budgets for long range planning of traffic impacts, checking and insuring compliance with regional Congestion Management Programs and coordinating with regional and adjacent local agencies: The following services are specifically requested: • Complete traffic engineering studies, designs and surveys; plan and coordinate traffic operational programs within the City. • Work closely with City staff, CalTrans; San Bernardino County, SANBAG, Riverside County, adjacent Cities, and local law enforcement agencies in analyzing traffic related issues and mitigation, as requested. • Meet with project applicants and developers as determined by the City.Engineer. • In the capacity of City Traffic Engineer, advise the City regarding all traffic related matters, as requested. • When requested, prepare and present engineering reports related to pedestrian traffic patterns, traffic installations and traffic control devices such as stop signs, signals,crosswalks, speed zones, traffic control and similar matters. • Attend and present at Planning Commission and City Council meetings as needed. • Attend SANBAG and CalTrans meetings on behalf of the City only as requested. • Assist City staff with preparation of annual traffic reports including such items as Development Monitoring Reports, Measure I reporting, Traffic Circulation Element, Congestion Management Plan. • Review and make recommendations on all traffic reports and provide input relating to traffic issues on planning and development applications. • Determine the need for and type of traffic controls; recommend traffic ordinances and resolutions; recommend traffic impact mitigation. • Traffic signal design. • Preparation of signal timing sheets. • Coordination of timing. • Signal operations troubleshooting. • Traffic signing and striping. • Traffic control plan preparation. Page tO of 12 13 Fees CLASSIFICATIONS Engineers/Project Manager/Planners/Scientist' RATES Assessment/Special Tax Specialists/Landscape Architects/Designer$/HOUR I PrincipalII........................................................................................................................................ 164.00 PrincipalI(Dilesh Sheth).................................................................................................................. 140.00 SeniorI............................................................................................................................................... 139.00 r AssociateIII........................................................................................................................................ 131.00 AssociateII.........................................................................................................................................1 18.00 AssociateI.......................................................................................................................................... 112.00 AssistantV .......................................................................................................................................... 96.00 AssistantIV ......................................................................................................................................... 92.00 AssistantIII......................................................................................................................................... 85.00 Assistant11..........................................................................................................................................72.00 AssistantI..........................................................................................................................................60.00 Survey Services 3-Person Survey Party.......................................................................................................................230.00 2-Person Survey Party......................................................................................................................201.00 1-Person Survey Party...................................................................................................................... 123.00 Director of Survey Manager of Field Operations............................................................................................................ 114.00 SurveyTechnician II........................................................................................................................... 99.00 SurveyTechnician I............................................................................................................................. 82.00 Inspection Services ConstructionManager....................................................................................................................... 142.00 InspectorII ......................................................................................................................................... 92.00 InspectorI........................................................................................................................................... 87.00 Administrative Services ProjectCoordinator............................................................................................................................. 82.00 AdministrativeAssistant III..................................................................................................................68.00 AdministrativeAssistant II.................................................................................................................. 60.00 AdministrativeAssistant I..................................................................................................................44.00 Other Direct Expenses IncidentalCharges ................................................................................................................................Cost Postageand Telephone .........................................................................................................................Cost In-house Prints,Copies and Delivery ................................................................................................... Cost Traveland Subsistence......................................................................................................................... Cost Expert Witness Testimony and Preparation................................................................................. 375.00/Hour Consultant Time Relative to Legal Action ................................................................................... 300.00/Hour GISLicense Fee........................................................................................................ .................... 37.00/Hour SubcontractedServices..... .................................................................. ......................................... Cost+ 15% Survey/Inspector Vehicle ............................ ................................................................... ....... .......0.77/Mile Mileage.......................... . ................. ..................................................... .............. ................ ........0 66/Mile Page IIof12 1 A EXHIBIT"B" PERSONNEL Albert A. Webb Associates Bruce Davis, PE—Principal-in-Charge Dilesh Sheth, PE, TE—City Contact, Traffic Engineer David Alcala,TSOS —Senior Designer Myung Choo,TE—Associate Engineer Counts Unlimited—Traffic Counts Page 12 of 12 15 Attachment B Agreement between City and Transportation Engineering and Planning, Inc. PROFESSIONAL CONSULTANT SERVICES AGREEMENT Transportation Engineering and Planning, Inc. Traffic Engineering Services ' THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 26`h day of January, 2010, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and Transportation Engineering and Planning Inc. (TEP), ("Consultant"). 1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with Proposal to Provide On-Call Traffic Engineering Services ("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2012, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the services under the Agreement for the total sum not to exceed Eighty Thousand dollars ($80,000.00) through the term in accordance with Exhibit"A". Said payments shall be made in accordance with Agency's unusual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to the City at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City_ To Consultant: The City of Grand Terrace Craig S. Neustaedter, P.E., AICP Attn: Richard Shields Transportation Engineering and Planning, 22795 Barton Road Inc. Grand Terrace, California 92313 7 Corporate Park, Suite 120 Irvine, CA 92606 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is Page 1 of 11 17 referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of the City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish.all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or 'to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Consultant shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work Page 2 of 11 1 SE under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City and/or City may have benefitted from their services. This 'indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VU or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. .The City, its officers, employees and agents make.no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the Page 3 of 11 19 i State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said. Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Consultant shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during tde term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence --. and a general aggregate limit in the amount of not less than$2,000,000. 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. .All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to City's execution of this Agreement, copies of insurance .policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies,but shall,include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. Page 4 of 11 12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the City from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to.cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Consultant shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register.for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during.the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every, provision of this Agreement.. 15. City's Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or,copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the.Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans,,procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant, in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. . Nothing furnished to.Consultant which is otherwise known to the Consultant or is generally known; or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia; photographs of the Project,,or any publicity pertaining to the Services or the Project in. any,magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City. 5 of 11 21 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City upon City's compensation to Consultant for its services as herein provided. Consultant shall not release. to others information furnished by City without prior express written approval of City. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "A", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Service's. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit"A" have any real property, business interests or income interests that will be affected by this project or, - alternatively, that Consultant will,file with the City an affidavit disclosing any such interest. ` 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep' fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement: Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and City. 23. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date; City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City shall give Consultant thirty (30) days prior written notice prior to termination. Page 6 of 11 23.2 City may terminate this Agreement upon fifteen (15) days written notice to Consultant; in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 City decides to abandon or postpone the Project. 24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by}this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is'mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional,or void for any reason, such provision or part thereof shall be severed Page 7 of 11 f- from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. i 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. I 31. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and ,do not define, describe or limit the scope or the intent of_the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in.effect at the time of the execution of this Agreement. . 31.3 In the event of a conflict between the body, of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit"A" shall be controlling. i 32. Exhibit. The following exhibit attached hereto is incorporated herein to this Agreement by this reference: i i Page 8 of I 1 I i 7/ IN WITNESS WHEREOF City and Consultant have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A Public Entity l By: City Manager Attest: City Clerk APPROVED AS TO FORM: By: City Attorney Page 9 of 11 �S i Company By: g,.rinie N e] es.""r [Title] By: [Printed Name] [Title] Page 10 of 11 �F EXHIBIT "A" SCOPE OF SERVICES, PROJECT SCHEDULE,AND FEES Page 11 of 11 27 The following Contract Scope of Work and budget is proposed for TEP services to be provided, during the forthcoming six months from Januaryl, 2010 through June 30, 2010: Support to council members 36 hours $5,040.00 and staff on SANBAG issues Barton Interchange support 24 hours $3,360.00 Miscellaneous requests/HPMS 30 hours $4,200M report preparation Development issues 24 hours $3,360.00 Total 114 hours $15 960.00 The Scope of Work throughout the Contract Term will remain the same and services billed in accordance with the attached Hourly Rate Schedule. r�> P.O. Box 18355 SM phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail: tepirvine@sbcglobal.net mobile: 909 263 0383 Hourly Rate Schedule Effective Effective January 1, 2010 January 1, 2011 Principal $ 140.00 $ 150.00 Master Designer 150.00 160.00 TEP Consultant 130.00 140.00 Designer 105.00 110.00 Engineering Assistant 75.00 80.00 Technician 60.00 65.00 Clerical 35.00 40.00 Depositions, expert witness testimony (including preparation and wait time)will be billed at double the above rates. Four hour minimum. Mileage will be billed at $ .60 per mile. Reimbursable expenses will be billed at cost plus fifteen (15) percent. Transportation Engineering and Planning, Inc. 29 i EXHIBIT `B" PERSONNEL i Craig Neustaedter, Principal Engineer Ed Studor, Professional Transportation Planner Moses Katz, Principal Engineer Kamal McHantaf, Principal Engineer i �r vchlist Voucher List Page: 1 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64757 1/6/2010 010737 WESTERN DENTAL SERVICES INC. Jan 002484 Plar JANUARY EMPLOYEE DENTAL INSURANCE 10-022-61-00 7362 Total : 73.62 64758 1/6/2010 006772 STANDARD INSURANCE COMPANY Jan 160513170C JANUARY EMPLOYEE DENTAL INSURANCE 10-022-61-00 1,273.00 10-180-142-000-000 4408 10-370-142-000-000 44.08 Total : 1,361.16 64759 1/6/2010 004587 MANAGED HEALTH NETWORK 3200012892 JANUARY MHN INSURANCE 32-200-142-000-000 7.68 10-120-142-000-000 1696 10-125-142-000-000 960 10-140-142-000-000 14.40 10-172-142-000-000 3.20 10-175-142-000-000 256 10-180-142-000-000 2368 10-370-142-000-000 10.88 10-380-142-000-000 6.40 10-440-142-000-000 13440 10-450-142-000-000 1600 21-572-142-000-000 7.68 32-370-142-000-000 9.60 34-400-142-000-000 960 34-800-142-000-000 2.56 10-120-142-000-000 640 10-180-142-000-000 640 10-185-142-000-000 6.40 Total : 294.40 64760 1/6/2010 006772 STANDARD INSURANCE COMPANY Jan 00607869 01 JANUARY EMPLOYEE LIFE/DISABILITY INS Page: 1 COUNCIL AGENDA OTEM NO.3� vchlist Voucher List Page: 2 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64760 1/6/2010 006772 STANDARD INSURANCE COMPANY (Continued) 10-120-142-000-000 1842 10-125-142-000-000 10.42 10-140-142-000-000 15.63 10-172-142-000-000 348 10-175-142-000-000 2.78 10-180-142-000-000 25.09 10-370-142-000-000 1031 10-380-142-000-000 695 10-440-142-000-000 5435 10-450-142-000-000 1043 21-572-142-000-000 7 71 32-370-142-000-000 6.77 34-400-142-000-000 10.33 34-800-142-000-000 2.78 32-200-142-000-000 11.10 10-185-142-000-000 695 10-022-66-00 1,231.28 Total : 1,434.78 64761 1/6/2010 011092 METLIFE SBC Jan KM0575403 JANUARY EMPLOYEE DENTAL INSURANCE 10-022-61-00 23930 10-180-142-000-000 10000 Total : 339.30 64762 1/7/2010 010164 GREAT-WEST PPE 12/25/09 Deferred Comp Contributions PPE 12/25 10-022-63-00 4,865.80 10-022-64-00 1,49890 Total : 6,364.70 64763 1/12/2010 010626 MONTES, MARIA 01142010 Animal Clinic Cash Box-1/14/10 10-200-15 300.00 Total : 300.00 64764 1/12/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 1-8-10 CONTRIBUTIONS FOR PREND 1-8-10 10-022-62-00 19,024.27 Total : 19,024.27 'y Page: 2 `1 vchlist voucher List Page: 3 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64765 1/12/2010 006285 RIVERSIDE HIGHLAND WATER CO 04559-01 Oct-December Water Charges 10-190-238-000-000 39.20 Total : 39.20 64766 1/13/2010 011071 STANCKIEWITZ, W. January Benefit HEALTH INS REINBURSEMENT-W. STANCKIEWII 10-110-142-000-000 36806 Total : 368.06 64767 1/14/2010 010764 SAFEGUARD DENTAL &VISION 2897051 JANUARY VISION INSURANCE 10-022-61-00 143.90 Inv 2897051 JANUARY VISION INSURANCE 10-190-220-000-000 -71.23 Total : 72.67 64768 1/19/2010 006720 SO CA.EDISON COMPANY 01022010 Dec Utility Charges 15-500-601-000-000 21.01 16-510-238-000-000 5,691.34 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 5810 Total : 5,861.75 64769 1/19/2010 011102 GONZALEZ WATER TRUCK 01142010 Water-Repairs on Mt. Vernon Ave 10-180-240-000-000 36000 Total : 360.00 64770 1/20/2010 010218 CHEVRON &TEXACO CARD SERVICES 22900230 Maint Vehicle Fuel Charges 10-180-272-000-000 529.51 34-800-272-000-000 13716 Total : 666.67 64771 1/20/2010 006730 SO CA.GAS COMPANY 01072010 Dec Utility Charges 10-440-238-000-000 181.91 10-180-272-000-000 7.80 10-440-272-000-000 2.60 34-800-272-000-000 2.60 10-190-238-000-000 1,029.18 Page. 3 vchlist Voucher List Page: 4 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64771 1/20/2010 066730 SO CA.GAS COMPANY (Continued) Total : 1,224.09 64772 1/26/2010 001024 ACCENT PRINT& DESIGN 254257 2010 Street Sweep Flyers 16-900-254-000-000 25556 Total : 255.56 64773 1/26/2010 010563 ALLDREDGE, AMINA 010710 Mileage Reimbursement 10-120-210-000-000 21.40 Total : 21.40 64774 1/26/2010 010293 AVAYA, INC. 2729624871 PHONE &VOICEMAIL MAINTENANCE 10-190-246-000-000 18346 Total : 183.46 64775 1/26/2010 011064 BECKCO, INC. 0939 DEMO/LOT CLEARING 22720 VISTA GRANDE 32-600-307-000-000 1,64830 Total : 1,648.30 64776 1/26/2010 011017 CA. BLDG STANDARDS COMMISSION 2nd Qtr 2009-10 Green Bldg Standards Fee Oct-Dec 23-200-23-00 29.00 2nd Qtr Oct-Dec 2nd Qtr 2009-10 Green Bldg Fees 10-700-01 -2.90 Total : 26.10 64777 1/26/2010 001683 CA. STATE DEPT OF CONSERVATION 2nd Qtr 2009/10 SMIP Fees. 10/01/09-12/31/09 23-200-21-00 2089 SMIP FEES OC' Strong Motion Mapping Fees Oct-Dec 10-700-01 -1.04 Total : 19.85 64778 1/26/2010 001740 CDW GOVERNMENT INC RJD7100 USB Hub for EOC 10-808-700-000-000 5.27 Total : 5.27 64779 1/26/2010 001840 CITY OF COLTON 00962 ANIMAL CONTROL SERVICES 10-190-256-000-000 3,62900 968 Wastwater Lab Testing Fees 21-570-802-000-000 5,544.40 Page: 4 0( P vchlist voucher List Page: 5 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64779 1/26/2010 001840 CITY OF COLTON (Continued) DECEMBER 20( December Wastewater Treatmnt 21-570-802-000-000 99,497.45 NOVEMBER 20( Nov Wastewater Treatment Svcs 21-570-802-000-000 99,636.17 Total : 208,307.02 64780 1/26/2010 001867 COMMERCIAL LANDSCAPE SUPPLY 165214 LANDSCAPE SUPPLIES 10-450-245-000-000 452.83 Total : 452.83 64781 1/26/2010 010972 CONSOLIDATED REPROGRAPHICS 013428 Mt. Vernon Improvmnt Services 44-200-623-000-000 54.38 018996 Invoice Adjustment 10-175-246-000-000 -53.88 018997 Invoice Adjustment 10-175-246-000-000 -53.88 049909 Copy/Printing Services 10-175-246-000-000 979 052868 Invoice Adjustment 10-175-246-000-000 -54.38 053764 August Planwell Services 46-200-275-000-000 14.79 082776 Nov. Website Maint. Fees 10-175-246-000-000 10.82 086892 Sept Website Maint. Fee 10-175-246-000-000 10.82 086894 Oct. Website Maint Fees 10-175-246-000-000 1082 988283 OG Parkway Svcs 13-445-709-000-000 53.88 988285 Fire Station Services 10-190-723-000-000 5388 997648 Credit for Invoice 988283 13-445-709-000-000 -53.88 Page: 5 vchlist Voucher List Page: 6 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64781 1/26/2010 010972 CONSOLIDATED REPROGRAPHICS (Continued) Total : 3.16 64782 1/26/2010 010147 CORTES, BEA JANUARY January Stipend/Auto Allowance 32-200-120-000-000 15000 10-110-120-000-000 7706 10-110-273-000-000 20000 Total : 427.06 64783 1/26/2010 001907 COSTCO#478 2378 C. CARE SUPPLIES 10-440-228-000-000 109.62 10-440-220-000-000 3654 Total : 146.16 64784 1/26/2010 010711 DANKA FINANCIAL SERVICES 71030839 TOSHIBA COPIER LEASE E-STUDIO 310 10-172-246-000-000 6383 10-175-246-000-000 31 91 34-400-246-000-000 63.83 Total : 159.57 64785 1/26/2010 001950 DATA QUICK B1-1682278 December Subscription Svcs 10-380-250-000-000 4350 21-572-246-000-000 4350 34-800-220-000-000 43.50 Total : 130.50 64786 1/26/2010 002187 DUNN-EDWARDS CORP. 2018074765 PAINT&SUPPLIES 10-180-245-000-000 39.93 Total : 39.93 64787 1/26/2010 002301 FEDEX 946061369 Overnight Delivery Charges 10-180-210-000-000 4047 10-120-210-000-000 22.23 10-125-210-000-000 49.49 Total : 112.19 64788 1/26/2010 002450 FERRE', MARYETTA JANUARY January Stipend/Auto Allowance Page: 6 i vchlist Voucher List Page: 7 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64788 1/26/2010 002450 FERRE', MARYETTA (Continued) 32-200-120-000-000 150.00 10-110-120-000-000 25000 10-110-273-000-000 200.00 Total : 600.00 64789 1/26/2010 002740 FRUIT GROWERS SUPPLY 90446765 MAINTENANCE AND SUPPLIES 10-450-245-000-000 27.11 90448317 MAINTENANCE AND SUPPLIES 10-450-245-000-000 1.31 Total : 28.42 64790 1/26/2010 002795 GARCIA, LEE ANN JANUARY January Stipend/Auto Allowance 32-200-120-000-000 15000 10-110-273-000-000 146.09 Total : 296.09 64791 1/26/2010 010164 GREAT-WEST PPE 01/08/10 Emp. Def. Comp PPE 01/08/10 10-022-63-00 6,045.25 Total : 6,045.25 64792 1/26/2010 003152 HARPER & BURNS LLPN NOVEMBER 201 November Leqal Services 10-160-250-000-000 5,110.62 32-200-251-000-000 5,110.63 Total : 10,221.25 64793 1/26/2010 003216 HOUSTON & HARRIS PCS, INC. 09-15720 HYDROWASHING 21-573-602-000-000 1,254.61 Total : 19254.61 64794 1/26/2010 003224 HYDRO-SCAPE PRODUCTS INC. 06214456-00 LANDSCAPR/MAINTENANCE SUPPLIES 10-450-245-000-000 51 20 Total : .51.20 64795 1/26/2010 003850 JANI-KING OF CA., INC. LAX01100037 CHILD CARE CLEANING SERVICES 10-440-244-000-000 975.00 Total : 975.00 Page- 7 vchlist Voucher List Page: 8 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64796 1/26/2010 011101 JP MORGAN CHASE, ACCOUNTS RECEIN44624017/4462z Property Title Reports 20-200-708-000-000 79000 Total : 790.00 64797 1/26/2010 010773 KELLAR SWEEPING INC. 5034 STREET SWEEPING SERVICES 16-900-254-000-000 4,200.00 Total : 4,200.00 64798 1/26/2010 010812 LOWE'S COMMERCIAL SERVICES 14594 MAINT. SUPPLIES 10-180-245-000-000 29415 14594A Misc Maintenance Supplies 10-440-245-000-000 3804 27668 MAINT. SUPPLIES 10-180-245-000-000 215.67 909769 MAINT. SUPPLIES 10-450-245-000-000 28.82 Total : 576.68 64799 1/26/2010 010446 MILLER, JIM JANUARY January Stipend/Auto Allow 10-110-120-000-000 250.00 10-110-273-000-000 200.00 32-200-120-000-000 15000 Total : 600.00 64800 1/26/2010 004670 MIRACLE MILE CAR WASH 157874 VEHICLE MAINTENANCE 10-180-272-000-000 9.00 10-440-272-000-000 38.00 Total : 47.00 64801 1/26/2010 011100 OMNICAP Q40933 Interim Arbitrage Rebate Analysis 33-300-250-000-000 3,875.00 Total : 3,875.00 64802 1/26/2010 005586 PETTY CASH 01182010 Child Care Petty Cash Replenishmnt 10-440-221-000-000 43.87 10-440-223-000-000 141.44 10-440-228-000-000 151.79 Page: 8 � i vchlist voucher List Page: 9 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64802 1/26/2010 005586 PETTY CASH (Continued) Total : 337.10 64803 1/26/2010 010171 REPUBLIC ELECTRIC 1209111 SIGNAL MAINT/REPAIRS 16-510-255-000-000 2,97473 1209112 SIGNAL MAINT/REPAIRS 16-510-255-000-000 451.68 Total : 3,426.41 64804 1/26/2010 006285 RIVERSIDE HIGHLAND WATER CO 2278 Oct/Nov 09 Sewer Billinq 21-572-255-000-000 2,370.87 Total : 2,370.87 64805 1/26/2010 006310 ROADRUNNER SELF STORAGE INC. 10740 STORAGE SERVICES 10-140-241-000-000 11900 Total : 119.00 64806 1/26/2010 006341 ROSENOW SPEVACEK GROUP INC 12072009B Redev Plan Amndmnt Consultinq 32-370-250-000-000 1,233.65 DECEMBER 20(TAX INCREMENT, PASS THROUGH, STATEMENT 34-400-251-000-000 4,700.00 DECEMBER 20( Dec Redev Plan Amendmnt Svcs 32-370-250-000-000 7,991.25 Total : 13,924.90 64807 1/26/2010 006565 SAN BERNARDINO COUNTY SUN 561231935 2010 Subscription Renewal 10-120-210-000-000 19680 Total : 196.80 64808 1/26/2010 006435 SAN BERNARDINO, CITY OF 4800 ANIMAL SHELTER SERVICES 10-190-256-000-000 1,150.00 Total : 1,150.00 64809 1/26/2010 010974 STANCKIEWITZ, WALT JANUARY January Stipend/Auto Allowance 32-200-120-000-000 150.00 10-110-120-000-000 25000 10-110-273-000-000 20000 Total : 600.00 Page 9 vchlist Voucher List Page: 10 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 64810 1/26/2010 006778 STAPLES 3129360176 Misc. Office Supplies 10-185-210-000-000 75.68 3129751892 Misc Office Supplies 10-140-210-000-000 3.25 Total : 78.93 64811 1/26/2010 006778 STAPLES 34714 Misc Office Supplies 10-172-210-000-000 25.69 Total : 25.69 64812 1/26/2010 006898 SYSCO FOOD SERVICES OF L.A. 001061309 FOOD & SUPPLIES 10-440-220-000-000 594.98 001131089 FOOD &SUPPLIES 10-440-220-000-000 536.14 Total : 1,131.12 64813 1/26/2010 007034 TRANSPORTATION ENGINEERING 992 Circ Elemnt EIR Data Request 10-370-250-000-000 390.00 994 Nov/Dec Traffic Eng. Svcs 10-175-255-000-000 3,021.70 Total : 3,411.70 64814 1/26/2010 007400 U. S BANK TRUST N.A. Q40933 Compliance Svc Aqreemnt 33-300-210-000-000 62500 Total : 625.00 64815 1/26/2010 007579 VARELA, CATALINA 01192010 Reimb.-Vacuum Purch Child Care 10-440-219-000-000 98.09 Total : 98.09 64816 1/26/2010 007795 WAXIE 71715312 City Hall Janitorial Supplies 10-180-245-000-000 1,530.86 Total : 1,530.86 64817 1/26/2010 007854 WESTERN EXTERMINATORS CO 467515 PEST CONTROL 10-180-245-000-000 86.50 10-805-245-000-000 33.00 34-400-246-000-000 3850 Page: 10 i vchlist voucher List Page: 11 01/20/2010 8:41:11AM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 64817 1/26/2010 007854 WESTERN EXTERMINATORS CO (Continued) Total : 158.00 64818 1/26/2010 007920 WILLDAN 062-10462 PLAN CHECK SERVICES 10-172-250-000-000 2,475.00 062-10463 PLAN CHECK SERVICES 10-175-255-000-000 360.00 062-10464 PLAN CHECK SERVICES 10-175-255-000-000 6,735.00 062-10465 PLAN CHECK SERVICES 10-175-255-000-000 2,640.00 Total : 12,210.00 64819 1/26/2010 007987 XEROX CORPORATION 045294513 CC55 COPIER LEASE 10-190-700-000-000 341.45 10-190-212-000-000 80.32 045294514 CC265 COPIER LEASE 10-190-700-000-000 270.66 10-190-212-000-000 149.05 Total : 841.48 ##� 1/11/2010 010241 FIRST AMERICAN TITLE COMPANY RRI-340597(DD Purch: 240/260 East Barton 47-100-250-003-000 46,050.00 Total : 46,050.00 64 Vouchers for bank code: bofa Bank total : 367,569.48 64 Vouchers in this report Total vouchers : 367,569.48 Page: 11 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. 4 Bernie Simon, Finance Director 1 City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESIWAGES 11 Street Fund 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 Storm Drain Fund 125 CITY CLERK 140 RETIREMENT 13 Park Fund 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS Fund 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 Air Quality Improvement Fund 172 BUILDING&SAFETY 138/141 MEDICARE/SUI 16 Gas Tax Fund 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 Traffic Safety Fund/TDA Fund 180 COMMUNITY SERVICES 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 Facilities Development Fund 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 Measure I Fund 190 GENERAL GOVERNMENT(NON-DEPT) _ 230 ADVERTISING 21 Waste Water Disposal Fund 370 COMMUNITY&ECONOMIC DEV 235 COMMUNICATIONS 26 LSCPG/LGHTG Assessment Dist 380 MGT INFORMATION SYSTEMS 238-239 UTILITIES 44 Bike Lane Capital Fund 410 LAW ENFORCEMENT 240-242 RENTS&LEASES 46 Street Improvement Projects 430 RECREATION SERVICES 245-246 MAINT BLDG GRNDS EQUIPMNT 47 Barton Rd. Bridge Project 440 CHILD CARE 250-251 PROFESSIONAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 255-256 CONTRACTUAL SERVICES 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 260 INSURANCE&SURETY BONDS 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 265 MEMBERSHIPS&DUES 802 CRIME PREVENTION UNIT 268 TRAINING 804 HISTORICAL&CULTURAL COMM. 270 TRAVEUCONFERENCES/MTGS 805 SENIOR CITIZENS PROGRAM 272 FUEL&VEHICLE MAINTENANCE 807 PARKS&REC COMMITTEE 570 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT l PENOING CM COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING -JANUARY 12,2010 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on January 12, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tem Bea Cortes, Councilmember Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields;Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department ABSENT: None CONVENE CITY COUNCIL MEETING The City Council meeting was opened with Invocation by Kevin Woodbridge, Calvary,The Brook Church, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes. ITEMS TO ADD/DELETE -None SPECIAL PRESENTATIONS Captain Valerie Tanguay, San Bernardino County Sheriffs Department, introduced Sgt. Carlos Espinoza who will be taking over for Sgt. Hector Gomez. She thanked Sgt. Hector Gomez for the outstanding job that he has done for the City of Grand Terrace. CONSENT CALENDAR CC-2010-01 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of Item 3E.: COUNCIL AGENDA ITEM NO.� i Council Minutes 01/12/2010 Page 2 3A. Approve Check Register Dated 01-12-2010 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 12-08-2009 Minutes 3D. CEC Energy Efficiency and Conservation Block Grant Application 3F. Historical and Cultural Activities Committee Minutes of 12-07-2009 3G. Community Emergency Response Team (C.E.R.T.)Minutes of 11-03-2009 ITEMS REMOVED FROM CONSENT CALENDAR 3E. Planning Commission Procedures Handbook CC-2010-02 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve the Planning Commission Procedures Handbook with the following amendment to Section 4.9 so that it reads as follows: 4.9 PROCEDURE FOR AMENDING THIS DOCUMENT a. Changes should be submitted to the Community and Economic Development Director in writing. b. Commissioners, staff, and City Council can submit changes. C. Director to submit document with recommended changes to the members of the Commission one month prior to the meeting for their review. d. The Commission shall forward recommendations to amend this document to the City Council for final approval. PUBLIC COMMENT -None COUNCIL REPORTS Mayor Pro Tem.Lee Ann Garcia,wished everyone a Happy New Year. She asked Building and Safety/Public Works Director, Rich Shields to report on the exciting things happening on Blue Mountain. Building and Safety/Public Works Director Rich Shields,responded that the City of Colton has issued a permit to a tower company to allow them to build a large communication tower for the Riverside Sheriff's Department and Essential Services. The road going up to Blue Mountain is an easement for Riverside County so they have the approval to go up that hill. They will repair any damage that may occur due to the heavy equipment. Mayor Pro Tern Lee Ann Garcia, reported that there are a lot of opportunities to volunteer Council Minutes 01/12/2010 Page 3 in the City and encouraged those who want to get involved to contact the City. Councilmember Bea Cortes, referred to an article in the Sun Newspaper regarding the prescription drug program that was going to be offered to the residents through the National League of Cities. She reported that she was able to get a sponsorship from Barney Karger to fund the National League of Cities Membership for this year and that the Prescription Drug Program will be available. Councilmember Walt Stanckiewitz, stated that there are other organizations that offer prescription drug cards. He has passed on the information to the City Manager and she will evaluate them. He reported that there will not be a Market Night in January but they will start up again the first Monday in February at the same location. He expressed his frustration on registering for the"Give a Day and Get a Day"Program. There will be another TapouT warehouse sale coming up and he wanted to be sure that the issues that came up at the last sale have been addressed and should be different this time. Community and Economic Development Director Joyce Powers, indicated that TapouT is holding another event this coming weekend. At their last event there was a lot of debris left around the area. Staff has made some requirements of them that they have met in an effort to eliminate the problems that they had last time. Councilmember Stanckiewitz, questioned the status of Grand Terrace Road project. Community and Economic Development Director Powers,responded that she and Building and Safety/Public Works Director Shields met with the Civil Engineer that is completing the plans and they are about 90% to 95% complete. It should go out to bid by the end of the month. She reported that the Senior Center Commercial Kitchen is at the same status. She reported that she received a call that the San Bernardino County Board of Supervisors approved the City of Grand Terrace's request to reprogram the CDBG money to the above mentioned projects. PUBLIC HEARINGS 6A. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Grand Terrace Municipal Code Regulating the Sale and Discharge of Fireworks CC-2010-03 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ,CARRIED 5-0,to continue the Ordinance ofthe City Council of the City of Grand Terrace,California,Amending Chapter 8.112 of the Grand Terrace Municipal Code Regulating the Sale and Discharge of Fireworks to January 26,2010 and direct Staff to bring back the agreements with the Grand Terrace Little League i Council Minutes 01/12/2010 Page 4 and Grand Terrace Community Soccer Club as well as the discussion and recommendation of the Fireworks Ad-hoc Committee. UNFINISHED BUSINESS -None NEW BUSINESS 8A. Animal Housing Services Agreement Between the City of Grand Terrace and City of San Bernardino CC-2010-04 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY MAYOR FERRE, CARRIED 5-0, to approve the Animal Housing Services Agreement between the City of Grand Terrace and City of San Bernardino and authorize the City Manager to Execute the Contract. CLOSED SESSION 9A. Conference with Legal Counsel-Existing Litigation GC54956.9(a)-Michael Grove dba California Exteriors v. City of Grand Terrace (Case#809432) 9B. Potential Litigation Mayor Ferre announced that the Council met in Closed Session to discuss Existing Litigation GC54956.9(a) - Michael Grove dba California Exteriors v. City of Grand Terrace (Case 9809432) and Potential Litigation and there was no reportable action taken. Mayor Ferre adjourned the meeting at 7:35 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, January 26, 2010 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace �•=4,i love"3.$:;Y;x CALIFORNIA AGENDA REPORT MEETING DATE: January 26, 2010 Council Item ( X) CRA Item ( ) TITLE: Professional Services Contract for Preparation of an Environmental Initial Study/Mitigated Negative Declaration for the Canal Village Project PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the attached Professional Services Agreement BACKGROUND: With the successful completion of the Blue Mountain Senior Villas, the City has turned its efforts to the development of family affordable housing. The CRA Low-Moderate Income Housing Fund owns a 0.80-acre parcel at 11695 Canal Street, which is in escrow for purchase by a private developer. An aerial photograph of the project site is attached. Prior discussions with the developer involved the construction of market rate units with only two affordable units. Through continued discussions with the developer, staff is pleased to inform the Council that the project has evolved into a 23-unit project for non-senior low and lower income households, which will help the City meet its affordable housing obligations. The developer has submitted development applications, which are being processed. Part of that process involves the preparation of an Environmental Initial Study/Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA). Request for Proposals were sent out to thirteen environmental consulting firms and eight responses were received. DISCUSSION: Staff evaluated all eight responses and in consultation with the developer selected Lilburn Corporation, as being the most responsive to the project in terms of scope of work, schedule and costs. A Professional Services Agreement for the Council's consideration is attached, which includes the scope of work, schedule, cost proposal of$12,950.00, and list of personnel. City staff directs the work and costs are paid by the developers through a deposit account. FISCAL IMPACT: There will be no fiscal impact to the City. The developer is required to pay for the contracted services, and work will not commence until the deposit is collected. COUNCIL AGENDA ITEM NO.��j 1 Respectfully submitted, oyce Powers Community and Economic Development Director Manager Approval: Betsy . Adams City Manager ATTACHMENTS: 1. Aerial Photograph 2 Professional Services Agreement -OM M3TI ,(3M30A JO&NJ03 a AM &W Omm. A( air ITY" mw�-.M PIN k4r ERE Elix 77 fvl A�QAw. Attachment 2 t Professional Services Agreement 5 PROFESSIONAL CONSULTANT SERVICES AGREEMENT Lilburn Corporation Preparation of and Initial Study and Mitigated Negative Declaration For Canal Village Development THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this day of January, 2010, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and Lilburn Corporation, ("Consultant"). ` 1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services" ("Services"), attached hereto and incorporated herein by reference, in conjunction with the preparation of an Initial Study/Mitigated Negative Declaration for the Canal Village Development ("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" Scope of Services and the Agreement shall remain in effect until June 30, 2010, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed Twelve Thousand Nine Hundred and Fifty Dollars ($12,950.00) payable in accordance with the terms set forth in Exhibit "A". Said payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed for each Task and Subtask. The invoices shall be delivered to City at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To City: To Consultant: City of Grand Terrace Cheryl A. Tubbs Attn: Sandra Molina Lilburn Corporation 22795 Barton Road 1905 Business Center Drive Grand Terrace, California 92313 San Bernardino, California 92408 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is Page Iofll 6 referred to and made a part hereof, the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though frilly set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of the City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit `B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event,no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Consultant t shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Consultant shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for Page 2 of 11 7 compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City and/or City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims tinder the Workers' Compensation Act. Prior to City's execution of this Page 3 of 11 f Agreement, Consultant shall file with City either (1) a certificate of,insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability .and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than One Million Dollars ($1,000,000) per occurrence and a general aggregate limit in the amount of not less than Two Million Dollars ($2,000,000). 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than Fifty Thousand Dollars ($500,000) per occurrence and an aggregate limit of not less than One Million Dollars ($1,000,000). All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of One Million Dollars ($1,000,000) to protect the City from claims resulting from the Consultant's activities. Page 4 of 11 9 i 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Consultant shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this _ Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. City's Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall,allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City upon City's compensation to Consultant for its services as herein provided. Consultant shall not release to others information furnished by City without prior express written approval of City. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no Page 5of11 in interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit`B" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an'affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to*secure this Agreement. For breach of this warranty, City shall have the right to terminate this r Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and City. 23. Termination. City, by notifying Consultant in writing, shall have the, right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City shall give Consultant thirty (30) days prior written notice prior to termination. 23.2 City may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 City decides to abandon or postpone the Project. Page 6 of 11 - 11 24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision,term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. Page 7of11 1s 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" ("Scope of Services") hereto, the terms contained in Exhibit"A" shall be controlling. 32. Exhibits. The following exhibit's attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A" - Scope of Services, Project Schedule, and Fees Exhibit`B" - Personnel Page 8 of 11 13 i IN WITNESS WHEREOF City and Consultant have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A Public Entity CONSULTING COMPANY NAME By: City Manager By: Cheryl A. Tubbs [Printed Name] Attest: City Clerk Vice President of Operations [Title] APPROVED AS TO FORM: By: [ gnature] City Attorney Page 9 of 11 14 EXHIBIT "A" SCOPE OF SERVICES, PROJECT SCHEDULE AND FEES Pale 10 of 11 15 PROPOSAL FOR THE 23-UNIT AFFORDABLE HOUSING CANAL STREET PROJECT - CEQA DOCUMENTS WORK APPROACH AND ❑ Meet with City to Review Proposed Design METHODOLOGY and Project Objectives PROJECT UNDERSTANDING ❑ Review all existing available reports ❑ Prepare a Comprehensive Project The City of Grand Terrace has received an Description for use in the Initial Study , Application for the development of an approximately 0.81-acre site located at 11695 ❑ Attend Community Meeting and Finalize Canal Street. The development application is Scope of Initial Study for a 23-unit affordable housing apartment ❑ Conduct Technical Studies complex that will consist of four 3-story buildings to include 23 units and a recreation - Air Quality/Greenhouse Gas Emissions room totaling approximately 22,644 square feet. The housing project is located on a - Noise Assessment triangular parcel that is primarily surrounded by multi-family residential development and is ❑ Develop an Initial Study approximately 200 feet east of Interstate 215. ❑ Prepare a Notice of Intent (to adopt a Negative Declaration) The City requires that the proposed Specific Plan, Zone Change, and General Plan ❑ Review any comments received on circulated Amendment be reviewed under the California document Environmental Quality Act (CEQA) to determine the significance of any potential ❑ Prepare Mitigated Negative Declaration and impacts. This proposal provides a Scope of Mitigation Monitoring Plan for City Work, Cost and Schedule to provide the City adoption. with an Initial Study, a Mitigated Negative ❑ Assist in Public Hearings as directed. Declaration, Responses to Comments, a Mitigation Monitoring Plan, and to attend TASK 1: SITE VISIT, MEET WITH CITY public meetings. AND REVIEW AVAILABLE WORK PLAN DATA Our methodology for preparation of an Initial The purpose of this task is to collect and review Study for the Proposed Project is described all pertinent background data necessary to herein. Our scope of work will lead to the conduct the environmental analysis. We assume sufficient design detail and site grading completion of a CEQA document that will be information will be made available. We will considered by the City for adoption and obtain as available, the City's in-house approval of the project. We believe the project information (particularly from the General Plan can be approved with an Initial Study/Mitigated Update process) regarding biological and Negative Declaration. Our overall approach is cultural resources, soils and geology, hydrology summarized below. Following this summary, and storm water control. This task will also the tasks required are described in detail. include a site,visit with project team members. 1E PROPOSAL FOR THE 23-UNIT AFFORDABLE HOUSING CANAL STREET PROJECT - CEQA DOCUMENTS TASK 2: DEVELOP PROJECT Biological Resources Overview DESCRIPTION We will review the data available for this area In this task we will prepare a Project Description of Grand Terrace which will include aerial for use in the Initial Study. The Project photos, information from the General Plan Description will be developed in cooperation Update, and the California Natural Diversity with City staff and the Project Applicant. The Data Base (CNDDB). Although the project site Project Description will include a summary of is highly disturbed, Lilburn Corporation the project as proposed, a discussion of the site recommends a biological survey be conducted plan, and the project's objectives and need. to ensure the proposed project does not impact any wildlife and plant species known or Final approval of the project description will be expected to occur on or in the vicinity of the provided by the City. property. A letter report will be prepared to TASK 3: COMMUNITY OUTREACH include a summary of any special status plants, MEETING animals, and,habitats in the area; survey results; and (where possible) a determination of presence or absence for any sensitive species or Development projects in the City of Grand Terrace are often highly scrutinized, and often habitat. The report will be used in preparation opposed by the citizens of the community. The of the Initial Study. City therefore intends to hold a community Air Quality and Greenhouse Gas Emissions meeting. We will attend and assist as directed in conducting the outreach meeting. An emissions inventory for criteria pollutants We will prepare a summary of any and an assessment of the estimated emissions environmental, design, or site selection issues as compared to existing South Coast Air raised at the meeting. Should any new Quality Management. District (SCAQMD) environmental issues be raised, we will discuss CEQA significance thresholds will be prepared for the proposed project. The inventory will be with staff how to incorporate them into the based on the short-term construction phase and CEQA process. the estimated number of vehicle miles driven TASK 4: CONDUCT TECHNICAL during the project's "operational" phase (to be STUDIES provided by City staff). The emissions estimate will take into account the efficiency of We have identified focused studies that would construction-related control measures be required to provide a complete analysis of acceptable or required by the SCAQMD. CEQA required topics. These studies may have been completed by the Applicant and if The estimated emissions will be calculated determined current and valid by the City, using the computer model URBEMIS2007, Lilburn Corporation would use Applicant- totaled on a daily and annual basis and provided studies in preparation of the Initial compared to significance thresholds Study. The schedule and cost provided herein recommended by the SCAQMD. Depending on would be adjusted accordingly. the degree of the potential impacts, mitigation measures will be recommended for implementation. The potential project and 17 PROPOSAL FOR THE 23-UNIT AFFORDABLE DOUSING CANAL STREET PROJECT - CEQA DOCUMENTS cumulative emissions will also be analyzed for Short-term noise measurements will be made at consistency with the Air Quality Management the project site and will be used to calibrate the Plan and the City's General Plan which have noise model. The FHWA highway noise model provided for a specific increase in air quality ("FHWA Highway Traffic Noise Prediction emissions based on acceptable land uses and Model," FHWA-RD-77-108) will be used in future development. conjunction with the measurements ' to determine existing noise levels and to project Although greenhouse gas emissions future noise levels. Per State law, the significance criteria has yet to be adopted by apartments must meet an indoor noise level of the Office of Planning and Research, guidelines 45 CNEL. for CEQA analysis are expected to be forthcoming in early 2010. The emissions Traffic noise levels from I-215 will be analyzed calculations discussed above will be provided and addressed in the report. Noise levels within in terms of construction emissions of methane the project area will be determined and gas (CH4) and Carbon Dioxide (CO2), using the compared to noise/land compatibility SCAQMD's thresholds of significance and guidelines contained in the City of Grand calculations for greenhouse gas emissions. The Terrace Noise Element and/or the State URBEMIS2007 model will be used to calculate Compatibility Guidelines. If the noise levels operational emissions for CO2,the highest level exceed the compatibility criteria, we will of carbon emissions for operational phases. provide preliminary mitigation features necessary to bring the project into conformity Potential conditions of approval that could be with the City or State requirements. required to reduce project GHG emissions suggested by CARB in their Potential If significant noise impacts are identified, noise Performance Standards and Measures and by barrier locations and preliminary building the Attorney General's letter will be reviewed upgrade strategies will be identified to mitigate for their applicability to the proposed project significant noise levels impacting future project and any applicable measures (such as HVAC residents. equipment) may be presented at the City's direction. TASK 5: PREPARE INITIAL STUDY Noise Assessment Based on the findings of our data review, the technical studies prepared, and the information The scope of work for the noise assessment contained in the Project Description, we will focuses on a single issue. Specifically, whether prepare an Initial Study to evaluate all potential or not the site is suitable for the residential environmental impacts associated with the development. The site is very near I-215 which project. We will utilize the City's format for an has been increasing in the amount of traffic, Initial Study. especially the number of trucks and the amount of nighttime traffic. Therefore, the feasibility of Three copies of a Screen Check Initial Study residential uses at this site needs to be will be submitted to the City for review and evaluated. comment. Following receipt of City comments, we will finalize the document for the public review period. We will provide the City with 1, PROPOSAL FOR THE 23-UNIT AFFORDABLE HOUSING CANAL STREET PROJECT - CEQA DOCUMENTS one master hard copy and one electronic copy of the Initial Study and the Notice of Intent (NOI) We will attend public hearings as directed by to Adopt a Negative Declaration. City staff. Based on the Request for Proposals, our Scope of Work includes attending a We will work with the City to compile a minimum of two meetings with the Planning distribution list of responsible and trustee Commission and/or City Council. agencies that should receive a copy of the Initial Study along with the NOI. The City will PROJECT SCHEDULE be responsible for the reproduction and distribution to agencies of the Initial Study and Assuming a start date of February 1, 2010, a NOI. The City will also be responsible for Negative Declaration could be completed for publishing legal notices and mailing notices to adoption by the City June 1, 2010. The schedule surrounding property owners. If requested, we estimate provides time for document reviews by will prepare a Notice of Availability for the City staff and incorporation of any required City to mail to property owners and other corrections or amendments. We will provide a interested parties. task-based milestone project schedule if At completion of the 30-day public review, we requested. will review any comments received and discuss We could have the Screen Check version of the the need for any changes to the project or the IS ready for the City's review within 4—5 weeks Initial Study with City staff. At the City's following contract authorization and receipt of direction, we would prepare responses to public the Application information. Assuming the City comments. Our budget includes preparing will require two weeks to review and comment, formal responses for no more than four public the IS could be ready for public review within 8 comment letters. Once the document is finalized, weeks. we will provide a Notice of Determination (NOD) and any staff report background COST PROPOSAL information as requested. The estimated costs to prepare each of the Following completion of the above tasks, the CEQA elements as described herein are City and Lilburn Corporation will determine summarized below by task. The total cost any significant impacts for which mitigation proposed, which includes the attendance of measures must be adopted. three 3-hour meetings is Twelve Thousand TASK 6: MMP Nine Hundred and Fifty Dollars ($12,950.00). Task 1: $ 890 We will prepare a Mitigation Monitoring Plan Task 2: $ 685 for adoption with the Negative Declaration. The Task 3: $ 525 Responses to Comments, revised Initial Study Task 4: $4,215 and MMRP constitute the final documents that Task 5: $5,720 will be used by the City to support Task 6: $ 315 implementation of the project. Task 7: $ 600 (estimate, to be billed T&M) TASK 7: ATTEND PUBLIC HEARINGS Any required services beyond this scope 1A PROPOSAL FOR THE 23-UNIT AFFORDABLE HOUSING CANAL STREET PROJECT - CEQA DOCUMENTS (e.g. additional analysis, responses to comments, meetings, mailings, and/or report copies) will be negotiated, as appropriate, and considered in accordance with the billing rate schedule shown in Table 1. 2�, PROPOSAL FOR THE 23-UNIT AFFORDABLE HOUSING CANAL STREET PROJECT - CEQA DOCUMENTS TABLE 1 LILBURN CORPORATION STANDARD SCHEDULE OF CHARGES (Effective January 1, 2009) PROFESSIONAL SERVICES HOURLY RATE Principal ................................................................................................................................$190 SeniorProgram Manager............................................................................................................$165 ProgramManager.......................................................................................................................$150 SeniorProject Manager..............................................................................................................$140 ProjectManager.........................................................................................................................$130 Environmental Analyst/Planner • Senior Analyst/Planner..............................................................................................$120 • Senior Biologist..........................................................................................................$110 • Environmental Analyst/Planner IV............................................................................$105 • Environmental Analyst/Planner III..............................................................................$95 • Environmental Analyst/Planner H................................................................................$85 • Environmental Analyst/Planner I.................................................................................$70 Designer/Drafter • Senior Designer............................................................................................................$95 • CAD Operator .............................................................................................................$70 Word Processor/Office Administrator.........................................................................................$75 OfficeTechnician.........................................................................................................................$70 Expert witness testimony billed two times normal billing rates with a two hour minimum,plus expenses EXPENSES AT COST PLUS 10%: Travel (non-automobile) Lodging Auto and Truck Rentals Specialty Equipment and Rentals Delivery Services Printing(Blueprints, Photo Services, Color Copies, Specialty Supplies) OTHER DIRECT COSTS AutoMileage.................................................................................................................... $0.60 mile AgencyPermits/Fees.............................................................................................................At Cost Consultants and Subcontractors.......................................................... ...............Cost Plus 12 - 15% 21 i EXHIBIT "B" PERSONNEL Page 11 of 11 2.7. PROPOSAL FOR THE 23-UNIT AFFORDABLE HOUSING CANAL STREET PROJECT— CEQA DOCUMENTS Figure l: Project Team Organization "Proposed 23-Unit Affordable Housing Apartment Complex Project" CEQA Documentation -, �� j 4 0. S"1rk CAUVOPAIIA Cheryl A.Tubbs Principal-in-Charge/ ' Project Manager r Frank Amendola Natalie Patty Juan Hernandez Environmental Environmental Regulatory Compliance Analyst Analyst Specialist Air Quality and GHG Initial Study and Biological Resources Analyses Notices Assessment I Fred Greve Mestre Greve Associates Noise Analysis Grunt Terrace—Canal Street 23-Unii Housing 3 01/06/10 23 Aak iALI,FORNIA AGENDA REPORT MEETING DATE: January 26, 2010 Council Item(X) CRA Item (X) TITLE: Traffic Engineering Services Agreements PRESENTED BY: Joyce Powers, Community and Economic Development Director Richard Shields, Building &Safety/Public Works Director RECOMMENDATION`. Agency: l., Approve the attached Professional Consultant Services Agreement in the amount of $125,000 between the Agency and Albert A. Webb Associates, for project oriented Traffic Engineering Services. 2. Appropriate $25,000 to. fund services for the remainder of fiscal year 2009-10. City Council: 1. Approve the attached Professional Consultant Services Agreement in the amount of $80,000 between the City and Transportation Engineering and Planning, Inc., for regional oriented Traffic Engineering Services. BACKGROUND: The City currently receives traffic engineering services from Craig Neustadter of Transportation Engineering and Planning, Inc. Because the contract for services is no longer valid, staff issued a Request for Proposals (RFP) to identify other firms qualified to provide these services. DISCUSSION: The RFP was issued on October 5, 2009, and sixteen responses- were received from firms interested in providing traffic engineering services. After identifying the most experienced firms that met the RFP requirements, the review committee interviewed two engineering teams on January 7, 2010. The third firm invited to the interview was not able to`attend. The interview team of the CED Director and Public Works Director "recommend the firms of Albert A. Webb Associates (Webb) and Transportation Engineering and Planning. Inc. (TEP) for the services. Webb's corporate headquarters, is located in Riverside and the personnel are familiar with the local traffic issues that the City experiences. Webb staff will be primarily COUNCIL AGENDA ITEM NO._F - 1 i i working on development projects, traffic studies and other requested services. TEP staff, primarily Craig Neustadter, is extremely familiar with regional issues, and has been a City liaison to SANBAG. The attached Agreement with TEP is to continue this work, to include construction projects along the I-215. 1 Staff recommends approval of the attached Consultant Service Agreements. The Agency contract with Webb requires a budget appropriation, but the City contract with TEP does not. FISCAL IMPACT: t Sufficient funds for the Agency services are available in the CRA. 80% undesignated fund ' balance. The Agency now has approximately $4.1 million available for new non-housing projects. In addition, the Agency has $2.7 million reserved for future debt service, pending approval of the Redevelopment Plan Amendment now in progress. Sufficient funds are available in the existing City engineering budget for the TEP, Inc. contract services for the 2009-10 fiscal year (cost -$15,960). In subsequent years, funds will be appropriated through the yearly budget process. Respectfully submitted, � P oyce Powers Community and Economic Development Director Richard Shields Building & Safety/Public Works Director � Manager Approval: ' Betsy A Ad CRA Executive Director ATTACHMENTS: A. Professional Consultant Services Agreement between the Agency and Albert A. Webb Associates. B. Professional Consultant Services Agreement between the City and Transportation Engineering and Planning, Inc. Attachment A Agreement between Agency and Albert A. Webb Associates 3 PROFESSIONAL CONSULTANT SERVICES AGREEMENT Albert A. Webb Associates i Traffic Engineering Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 26 h day of January, 2010, ("Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY ("Agency"), a public entity, and Albert A. Webb Associates, ("Consultant"). ' 1. Scope of Services. Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with providing traffic engineering services to the Agency ("Services"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2012, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed One Hundred, Twenty-Five Thousand dollars ($125,000.00) through the term in accordance with Exhibit"A". Said payments shall be made in accordance with Agency's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to Agency at the address set forth in Section 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to, the party to be served as follows: To Agency: To Consultant: Community Redevelopment Agency Bruce Davis, Albert A. Webb Associates Attn: Joyce Powers 3788 McCray Street 22795 Barton Road Riverside, California 92506 Grand Terrace, California 92313 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is Page 1 of 12 referred to and made,a part hereof, the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the Agency will be appointed to administer this Agreement on behalf of the Agency and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit `B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which•case substitutes shall be subject to Agency approval. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Agency's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require Agency Executive Director and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not" as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that Agency has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the Agency, Consultant shall defend, indemnify and hold the Agency, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including Page 2 of 12 5 attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City and/or Agency may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the Agency incurs or makes to or on behalf of an injured employee under the Agency's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the Agency's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the Agency's Risk Manager or Agency Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. - 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Agency by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The Agency, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. Page 3 of 12 F 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law,to protect said Consultant from claims under the Workers' Compensation Act. Prior to Agency's execution of this Agreement, Consultant shall file with Agency either (1)-a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with Agency. Any certificate filed with Agency shall provide that Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, .and shall thereafter maintain during the term of this Agreement, commercial general liability, insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The Agency, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the,amount of not less than $2,000,000. 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000.-All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in.connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to Agency's execution of this Agreement,'copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both,commercial general and automobile liability insurance, shall be filed with the Agency and shall include the Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: Page 4 of 12 7 It is agreed that the Community Redevelopment Agency and its officers, employees and agents, are added as additional insureds under this policy, solely for work done'by and on behalf of the named insured for the Community Redevelopment Agency. 12.4 Errors and Omissions Insurance. Prior to Agency's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the Agency from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors.' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon Agency's request, Consultant shall provide the Agency with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and-keep such tax certificate current during the term of this Agreement. I 14. Time of Essence. Time is of the essence for each and every provision of this { Agreement. 15. Agency's Right to Employ Other Consultants. Agency reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data,'written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by Agency's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Agency's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the Agency. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of Agency upon Agency's compensation to Consultant for its services as herein provided. Consultant shall not release to others information furnished by Agency without prior express written approval of Agency. 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "B", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit `B" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the Agency an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or Agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Agency shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work. Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition,to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure Co comply,with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and Agency. 23. Termination. Agency, by notifying Consultant in writing, shall have the right to terminate-any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the Agency's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, Agency shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to Agency. Page 6 of 12 A I 23.1 Other than as stated below, Agency shall give Consultant thirty (30) days prior written notice prior to termination.' 23.2 Agency may terminate this Agreement upon fifteen (15)'days written notice to Consultant, in the.event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or;. I -23.2.2 Agency decides to abandon or postpone the Project. 24. Offsets. Consultant acknowledges and-agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the Agency, Agency reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by Agency to Consultant. Notice of such withholding and offset shall promptly-be given to Consultant by Agency in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the Agency, Agency will hold such disputeid amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon Agency and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by °Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, -religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees to,conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. ; Page 7 of 12 I 1C 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced r" herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. Agency and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit"A" shall be controlling. 32. Exhibits. The following exhibit's attached hereto are incorporated herein to this Agreement by this reference: Exhibit"A" - Scope of Services, Project Schedule, and Fees Exhibit`B" - Personnel IN WITNESS WHEREOF Agency and Consultant have caused this Agreement to be duly executed the day and year first above written. Page 8 of 12 11 COMMUNITY REDEVELOPMENT AGENCY, Company A Public Entity Albert A./Webb Associates By: By: —/h,z/,/, Betsy M. Adams B ce Davis Agency Executive Director Vice President Attest: By: Agency Secretary/City Clerk Scott Webb Chief Financial Officer APPROVED AS TO FORM: By: Agency Attorney Nee 9 of I 1; EXHIBIT "A" SCOPE OF WORK The staff supplied by the firm will be considered as City staff and will be expected to conduct all duties normally assigned to the Traffic Engineer or Traffic Engineering Section within a City: The includes routine traffic engineering duties such as traffic counts, signal timing, striping plans and the review of submitted signal and/or striping plans as well as more complex items such as review of Traffic Impact Analysis Studies for major projects, establishing program goals and budgets for long range planning of traffic impacts, checking and insuring compliance with regional Congestion Management Programs and coordinating with regional and adjacent local agencies. The following services are specifically requested: • Complete traffic engineering studies, designs and surveys; plan and coordinate traffic operational programs within the City. • Work closely with City staff, CalTrans, San Bernardino County, SANBAG, Riverside County, adjacent Cities, and local law enforcement agencies in analyzing traffic related issues and mitigation, as requested. • Meet with project applicants and developers as determined by the City Engineer. • In the capacity of City Traffic Engineer, advise-the City regarding all traffic - related matters, as requested. • When requested, prepare and present engineering reports related to pedestrian traffic patterns, traffic installations and traffic control devices such as stop signs, signals, crosswalks, speed zones, traffic control and similar matters. • Attend and present at Planning Commission and City Council meetings as needed. • Attend SANBAG and CalTrans meetings on behalf of the City only as requested. • Assist City staff with preparation of annual traffic reports including such items as Development Monitoring Reports, Measure I reporting, Traffic Circulation Element, Congestion Management Plan. • Review and make recommendations on all traffic reports and provide input relating to traffic issues on planning and development applications. • Determine the need for and type of traffic controls, recommend traffic ordinances and resolutions; recommend traffic impact mitigation. o Traffic signal design. • Preparation of signal timing sheets. • Coordination of timing. • Signal operations troubleshooting. Traffic signing and striping. • Traffic control plan preparation. Page 10 of 12 13 Fees CLASSIFICATIONS Engineers/Project Manager/Planners/Scientist' RATES Assessment/Special Tax Specialists/Landscape Architects/Designer$/HOUR PrincipalII........................................................................................................................................ 164.00 Principal I(Dilesh Sheth).................................................................................................................. 140.00 SeniorI............................................................................................................................................... 139.00 AssociateIII........................................................................................................................................ 131.00 AssociateII.........................................................................................................................................118.00 AssociateI............................................................................................................... .......................... 112.00 AssistantV .......................................................................................................................................... 96.00 AssistantIV.........................................................................................................................................92.00 AssistantIII......................................................................................................................................... 85.00 AssistantII .......................................................................................................................................... 72.00 AssistantI..........................................................................................................................................60.00 Survey Services 3-Person Survey Party .......................................................................................................................230.00 2-Person Survey Party...................................................................................................................... 201.00 1-Person Survey Party ...................................................................................................................... 123.00 Directorof Survey ............................................................................................................................. 142.00 Managerof Field Operations............................................................................................................ 114.00 SurveyTechnician II........................................................................................................................... 99.00 SurveyTechnician I ............................................................................................................................. 82.00 Inspection Services ConstructionManager....................................................................................................................... 142.00 InspectorII.........................................................................................................................................92.00 InspectorI........................................................................................................................................... 87.00 Administrative Services ProjectCoordinator............................................................................................................................. 82.00 Administrative Assistant III..................................................................................................................68.00 AdministrativeAssistant II .................................................................................................................. 60.00 AdministrativeAssistant I..................................................................................................................44.00 Other Direct Expenses IncidentalCharges................................................................................................................................Cost Postage and Telephone .........................................................................................................................Cost In-house Prints,Copies and Delivery ................................................................................................... Cost Traveland Subsistence.........................................................................................................................Cost Expert Witness Testimony and Preparation.................................................................................375.00/Hour Consultant Time Relative to Legal Action ................................................................................... 300.00/Hour GISLicense Fee............................................................................................................................. 37.00/Hour Subcontracted Services.................................................................................................................. Cost+ 15% Survey/Inspector Vehicle ..................................................................................................................0.77/Mile Mileage.............................................................................................................................................0.66/Mile Page 11 of 12 EXHIBIT "B" PERSONNEL Albert A. Webb Associates Bruce Davis, PE—Principal-in-Charge Dilesh Sheth, PE, TE—City Contact, Traffic Engineer David Alcala, TSOS —Senior Designer Myung Choo, TE—Associate Engineer Counts Unlimited—Traffic Counts Page 12 of 12 15 Attachment B Agreement between City and Transportation Engineering and Planning, Inc. 1� PROFESSIONAL CONSULTANT SERVICES AGREEMENT Transportation Engineering and Planning, Inc. Traffic Engineering Services THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement") is made and entered into this 26`h day of January, 2010, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and Transportation Engineering and Planning Inc. (TEP), ("Consultant"). 1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A", "Scope of Services, Project Schedule, and Fees", attached hereto and incorporated herein by reference, in conjunction with Proposal to Provide On-Call Traffic Engineering Services ("Project"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" and the Agreement shall remain in effect until June 30, 2012, unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Consultant shall perform the services under the Agreement for the total sum not to. exceed Eighty Thousand dollars ($80,000.00) through the term in accordance with Exhibit"A". Said payments shall be made in accordance with Agency's unusual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to the City at the address set forth,in Section '— 4 hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: To Cites: To Consultant: The City of Grand Terrace Craig S. Neustaedter, P.E., AICP Attn: Richard Shields Transportation Engineering and Planning, 22795 Barton Road Inc. Grand Terrace,California 92313 7 Corporate Park, Suite 120 Irvine, CA 92606 " 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is Page 1 of 11 17 referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of the City and shall be referred to herein as Contract Administrator. i 7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's-profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting.Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultafi shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain 'a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Consultant acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Grand Terrace. Consultant acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. j 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the City,, Consultant shall defend, indemnify and hold the City, and its officers,,employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work Page 2 of 11 under this Agreement by Consultant or any of the Consultant's employees, agents or subcontractors and from all claims by Consultant's employees, subcontractors and agents for compensation for services rendered .to Consultant in the performance of this Agreement, notwithstanding that the City and/or City may have benefitted from .their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or of Consultant's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive.the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 12.1.1 Limitations. These. minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of B+ or higher and a Financial Class of VU or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make.no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the Page 3 of 11 19 State, of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Consultant shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or (2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant. The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies. 12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Consultant's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than$2,000,000. 12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles. 12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies,but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. Page 4 of 11 �n 12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the City from claims resulting from the Consultant's activities. 12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope, of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, t Commercial General,Liability, Errors and Omissions, and Automobile liability. Upon City's request, Consultant shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tax. Consultant understands that the Services performed,under this Agreement constitutes doing business in the City of Grand Terrace, and Consultant agrees that Consultant will register for and pay a business tax pursuant to,Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14.,Time of Essence.. Time is of the essence for each and every provision of this Agreement. 15. City's Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. 16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement,for a period of three (3) years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine,'trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City. 5 of 11 �1 18. Ownership of Documents. All reports, maps, drawings and other 'contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City upon City's compensation to Consultant for its services as herein provided. Consultant shall. not release -to others information furnished by City without prior express written approval of City. i 19. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "A", represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit"A"have any real property, business interests or income interests that will be affected by this project or, - alternatively, that Consultant will file with the City an affidavit disclosing any such interest. 20. Solicitation. Consultant warrants that Consultant has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this. Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. i 21. General Compliance with Laws: Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Consultant and City. 23. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City shall give Consultant thirty (30) days prior written - notice prior to termination. Page 6 of 11 h I 7� 23.2 City may terminate this Agreement upon fifteen (15) days written notice to Consultant, in the event: 23.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or 23.2.2 City decides to abandon or postpone the Project. 24. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset shall promptly be given to.Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall' be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any, term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 27. Nondiscrimination.During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Consultant agrees.to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severabihity. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed Page 7 of 1 I 23 ` I from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. i 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers are to sections in the Agreement unless expressly stated otherwise. i 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. I 31.3 In the event of a conflict between the body of this Agreement and Exhibit "A" hereto, the terms contained in Exhibit"A" shall be controlling. 32. Exhibit. The following exhibit attached hereto is incorporated herein to this Agreement by this reference: ` i I Page S of 11 I i � 7t IN WITNESS WHEREOF City and Consultant have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A Public Entity By: City Manager Attest: City Clerk APPROVED AS TO FORM: By: City Attorney Page 9 of 11 25 Company By: 1-1 . 5. We"S 4.1 4tr Printe4N e] ce5• .- [Title] By: [Printed Name] [Title] Page 10 of 11 26 EXHIBIT "A" SCOPE OF SERVICES, PROJECT SCHEDULE, AND FEES Page 11 of 11 c 27 i f l The following Contract Scope of Work and budget is proposed for TEP services to be provided during the forthcoming six months from January1, 2010 through June 30,2010: i Support to council members 36 hours $5,040.00 and staff on SANBAG issues Barton Interchange support 24 hours $3,360.00 Miscellaneous requests/HPMS 30 hours $4,200.00 report preparation ' Development issues 24 hours $3,360.00 Total 114 hours $15,960.00 The Scope of Work throughout the Contract Term will remain the same and services billed in accordance with the attached Hourly Rate Schedule. I i i f I i 2€ SM P.O. Box 18355 phone: 949 552 4357 Irvine CA 92623 fax: 909494 4408 e-mail:tepirvine@sbcglobal.net mobile: 909 263 0383 Hourly Rate Schedule Effective Effective January 1, 2010 January 1, 2011 Principal $ 140.00 $. 150.00 Master Designer 150.00 160.00 TEP Consultant 130.00 140:00 Designer 105.00 110.00 Engineering Assistant 75.00 80.00 Technician 60.00 65.00 Clerical 35.00 40.00 Depositions, expert witness testimony (including preparation and wait time)will be billed at double the above rates. Four hour minimum. Mileage will be billed at$ .60 per mile. Reimbursable expenses will be billed at cost plus fifteen (15) percent. Transportation Engineering and Planning, Inc. 29 EXHIBIT"B" PERSONNEL Craig Neustaec- Principal Engineer Ed Studor, Proft, .'ional Transportation Planner Moses Katz, Pri.-cipal Engineer Kamal McHant-> Principal Engineer 44 3C CITY OF GRAND TERRACE R"ECEIVED CRIME PREVENTION COMMITTEE Regular Meeting ;AN 1 __ 2010 MINUTES August 10,2009 CITY OF GRAND TERRACE CITY CLERKS DEPARTMENT The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs Conference Room at City Hall. Meeting was called to-order at 4:10 p.m. by Chairperson, Philomene Spisak. MEMBERS PRESENT were Chairperson, Philomene Spisak, Marjorie Owens, Debra Hurst, Don Bennett and JoAnn Johnson. MEMBERS ABSENT—Pat Smith, Lew Neeb and Peggy Reagan. CITY STAFF/SHERIFF'S DEPT.—None. . GUESTS PRESENT—None. INTRODUCTIONS—None. AGENDA was approved with motion by Debra Hurst and second by Don Bennett. MINUTES for the meeting of July 13, 2009 were approved with motion by Debra Hurst and second Marjorie Owens. PUBLIC COMMENT—None. CORRESPONDENCE—None. UNFINISHED BUSINESS A. Criminal Activities a. Debra had crime reports that she had down loaded. b. No other activities were reported B. Neighborhood Watch Program—Nothing new. NEW BUSINESS A. Crime Prevention Planning—No report. Will continue to work on this. B. Neighborhood Watch Public Relations — Have no new information C. Questions for Mayor Ferre/Manager Berry—Nothing new. This item to be dropped. REPORTS A. Summary of Law Enforcement Activity— No one to report.' COUNCIL AGENDA ITEM NO- 1 B. Other Community Programs a. CERT will be responding to emergencies within the city and available for conducting evacuations. b. Matt Wirz will be the notification coordinator of CERT in event of emergency. For example: A sewer break or water main break or for traffic control. Will not include actual clean up. c. CERT members will be notified via MURS radios or the AM radio station 1640. d. CERT received $8000 from Supervisor, Neil Derry's office. For use for equipment for trailer d. Will also have funds to spend over the next year possibly for generator, lights, etc. e. The Senior Center will host a program on Fall Prevention on Friday, August 14`h. f. Also, on that day will be Operation Medicine Cabinet which allows the disposal of outdated and otherwise unused prescription and over the counter medications. g. Community Day coming on September 12`h beginning with Pancake Breakfast and including a Kid's Zone, Car Show, Venders and other events. Will take place at the Fire Station and at Rollins Park. C. Member Reports a. Citizen Patrol still has to drive to Central Station to pick up car, attend briefing, etc. Therefore, there are very few patrols being done. This should end in September when the Fire Station remodeling is completed. b. Citizen Patrol will sell water at the next Market Night. ADJOURNMENT-There being no further business to discuss, the meeting was adjourned at 4:30 p.m. ecretary, Jo/Ann Johnson -O '43 d A0*),%DA.3QWjj00 RECEIVsD CITY OF GRAND TERRACE CRIME PREVENTION COMMITTEE ;ate 1 20;0 Regular Meeting MINUTES CITY o�GRAND TERRACE September 14, 2009 'ITY CLERKS L16PAR7'MENT The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs Conference Room at City Hall. Meeting was called to order at 4:10 p.m. by Chairperson, Philomene Spisak. MEMBERS PRESENT were Chairperson, Philomene Spisak, Peggy Reagan, Debra Hurst, Don Bennett and JoAnn Johnson. MEMBERS ABSENT—Pat Smith, Lew Neeb and Marjorie Owens. CITY STAFF/SHERIFF'S DEPT.—None. . GUESTS PRESENT—None. INTRODUCTIONS—None. AGENDA was approved with motion by Debra Hurst and second by Don Bennett. MINUTES for the meeting of August 10, 2009 were approved with motion by Debra Hurst and second Don Bennett. PUBLIC COMMENT—None. CORRESPONDENCE—None. UNFINISHED BUSINESS A. Criminal Activities a. It was noted that we have not had a representative from the Sheriffs Department at our meetings for quite a long time. b. The Committee also has not been receiving crime reports. c. It was noted that when receiving phone solicitations for alarm systems, the best Policy is to simply say you already,have an alarm., In the event you do want to invest in an alarm system, call on your own. Under no circumstance should you accept a phone solicitation. d. Some members of the committee did indicate that there had been some burglaries, both residential and commercial. Also, two or three Grand Theft Autos, some vandalism and a few identity thefts or fraud. B. Neighborhood Watch Program—Nothing new. 3 NEW BUSINESS A. Crime Prevention Planning—No report. Will continue to work on this. B. Neighborhood Watch Public Relations— Have no new information C. Questions for,Mayor Ferre—Nothing new. This item to be dropped. REPORTS A. Summary of Law Enforcement Activity—No one to report. B: Other Community Programs , a. Much discussion on the success of Grand Terrace Community Day which took place on September 121h. For a community organized'event everything went very well. Especially nice was the Kid Zone and a great Car Show. b. Other community events coming up are the Halloween Haunt at Pico Park and Country Fair on November 71h at the corner of Barton Road and Vivienda. c. The remodeled Fire Station#23 is now open and served the Pancake Breakfast for Community Day. d. CERT will do a Disaster Preparedness Seminar on October 14`h at 5:30 in the Community Room at City Hall. The Sheriff's Department and the Fire Department will be assisting in the seminar. d. CERT will be an entry in the Loma Linda parade on October 181h. Their trailer _ will be featured.. e. The Golden Guardian training session will be held on October 15th. f. Citizen Patrol Academy will be training 8 new recruits beginning next week. The training will take place at Central Station on 3`d Street in San Bernardino. g. The Senior Center had a very successful Pot Luck on Labor Day and also a very well attended General Meeting last Friday with Dan Damon. Coming in October will be a 3 piece band that performs over Southern California and in Las Vegas and does a tribute to Roy Orbison. C. Member Reports a. The Secretary indicated that she would appreciate someone stepping into the role of Secretary. There were no immediate volunteers, but one member will think about it.. ADJOURNMENT-There being no further business to discuss, the meeting was adjourned at 5:05 p.m. ti ecretary;JoAnn Johnson a . e tA:fvtLLh'_'eMr ` 1 ' AGENDA REPORT �ALIFOR9IA MEETING DATE: January 26, 2010 Council Item(X) CRA Item ( ) TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF U GRAND TERRACE, CALIFORNIA, ADOPTING RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING RATES PRESENTED BY: Richard Shields, Director of Building& Safety/Public Works RECOMMENDATION: 1. Conduct a Public Hearing to consider adoption of residential and commercial solid waste and recycling rates. 2. Adopt Resolution No. setting forth residential and commercial solid waste and recycling rates. BACKGROUND: The City's existing refuse rates have not been reviewed or adjusted since 2006. On November 10, 2009, the Council conducted a workshop to review a proposed refuse rate adjustment and amendment to the existing franchise agreement between the City and Burrtec Waste Industries. At the workshop, Council directed staff to prepare a proposed refuse rate adjustment for consideration. On December 8, 2009, staff presented a proposed refuse rate adjustment and resolution setting a public hearing for January 26, 2010 in order to consider adoption of the proposed rate adjustments. The current refuse rates charged by Burrtec include the collection, processing and disposal cost for solid waste, recycling and green wastes for residential, commercial and industrial customers. These rates also include two waste related programs: a household hazardous waste drop-off program and a street sweeping program. Each of these programs is discussed below. The City contracts with the County of San Bernardino Household Hazardous Waste (HHW) program that allows Grand Terrace residents to dispose of household hazardous materials at no cost to the resident, providing an environmentally appropriate method for disposal of cleaning products, paints and motor oils. The second program is the city's street sweeping program, which provides monthly sweeping of all residential streets, and weekly sweeping of all commercial and industrial streets. As part of staffs review of both program's costs, it was determine that the existing rates do not currently cover the costs of both these services, resulting in a subsidy from the general fund. COUNCIL AGENDA ITEM NO. 1 Currently, the existing cost for the HHW program is$11,884; however, the city is only collecting $0.20 per household per month, for a total revenue of$7,454, leaving a deficit of $4,436. In addition, the street sweeping program is currently budgeted for $54,000 per year; however the city is only collecting $0.92 per household per month, for a total revenue of$ 34,290, leaving a deficit of$19,710. In addition, the residential sector is bearing 100% of the cost of the street sweeping program, while the actual service is allocated 66% to residential and 34% to commercial. Due to state law relating to waste diversion, the City is required to divert 50% of its waste stream r 1 from landfills and into recycling and other diversion programs, or be subject to regulatory enforcement actions by the state, including the levying of fines up to $10,000 per day for each day that the city is not in compliance. In order to meet this diversion requirement, the city has authorized the establishment of collection programs that include the separate collection of solid waste, commingled recyclables and green wastes from residential accounts and solid waste and commingled recyclables from commercial accounts. This has resulted in the need to operate three heavy refuse trucks along city streets on a weekly basis and has resulted in increased wear and tear on the city's residential streets, resulting in additional costs for street repairs. As part of the proposed refuse rate, staff has determined that a separate charge for pavement impacts is warranted to address this impact, and is proposing a 3.5% fee on Burrtec's service and disposal fee to compensate the city for this damage. Staff requested that Burrtec review its current costs and in light of the economic recession, determine if any rate reductions would be possible in order to offset the cost increases resulting from the two city programs. As a result of Burrtec's review, they have identified an approach that will allow the City to maintain the existing rates to the residential customers while allowing the city to recoup the additional street sweeping and HHW program costs as well as collect the additional cost for the proposed Pavement Impact Fee. On the commercial side, star was able to add the street sweeping component and Pavement`Impact Fee to the rates while only requiring a modest rate increase of approximately 2%. DISCUSSION: The proposed rate adjustment will result in no-change to the existing residential collection rates, currently at $22.44 per month for 96-gallon cart service and $21.02 per month for 64-gallon cart service. Table 1 shows the proposed revisions to the funds collected within the residential rate. Primarily, the HHW program fee is proposed to increase from $0.20 per household to $0.32 per household, the Street Sweeping fee is proposed to increase from $0.92 per household to $0.96 per household,and the Pavement Impact Fee will be$0.65 per household for a 96-gallon cart and $0.53 per household for the 64-gallon cart. The Franchise fee will be-reduced slightly from $2.78 per household to $2.68 per household for the 96-gallon cart and from $2.60 to $2.51 for the 64-gallon cart. The portion of the cost for the hauler will be reduced from $18.54 to $17.84 for the 96-gallon cart and from$17.31 to $16.70 per month. TABLE 1 -RESIDENTIAL REFUSE RATE ADJUSTMENTS Household Street PROPOSED EXISTING Service Level Total Net To Franchise Pavement Hazardous Sweeping/ TOTAL TOTAL Hauler Fee Impact Fee Waste Fee Community MONTHLY MONTHLY PerSFR Fund RATE RATE Service Level 1-96-gallon refuse (black)cart plus a recycling(blue) cart and green waste(green)cart of either a 64-or 96-gallon size. $ 17.84 $ 2.68 $ 0.65 50.32 S0.96 S 22.44 S 22.44 Service Level 2-64-gallon refuse (black)cart plus a recycling(blue) cart and green waste(green)cart of either a 64-or 96-gallon size. $ 16.70 1 $ 2.51 1S 0.53 50.32 50.96 S 21.02 $ 21.02 For the commercial front-load service, the proposed rate adjustment will result in approximately 2.30% increase in the refuse rate charged. Table 2 shows the proposed increases for the 3-yard services on a frequency of once, twice and three times per week, the most common service throughout the city. Other rates for the remaining.services would be similar. TABLE 2-COMMERCIAL REFUSE RATE ADJUSTMENTS Street PROPOSED EXISTING Pavement Number Service Level Total Net Franchise sweeping/ TOTAL TOTAL PERCENT To Hauler Fee. Impact Community MONTHLY MONTHLY CHANGE of Fee Fund RATE RATE DIFFERENCE Accounts IN RATE Front Load Refuse Bin Size:3 Yard--.. ., i time per week S 93.86 S 14.08 S 3.28 1 S 3.30 1 S 114.521 S 112.09 1 2.43 2.17% 577 2 time per week S 175.56 S 26.33 S 6.14 $ 6.61 $ 214.65 $ _209.47 5.18 2.47% 787 3 time per week S 269.48 S 40.42 S 9.43 S 9.91 S 329.24 $ 321.63 7.61 2.37% 366 The rate for Roll-off services will be slightly lower; however, the per-ton charge will be increased from the current $35.38 per ton to $56.15 per ton. This rate increase is due to two factors. The first is due to the inclusion of a$12.00 per ton Waste Disposal Agreement Fee that the City previously approved between the City and the County. Previously, Burrtec had been absorbing the cost of this $12.00 per ton fee. The second is due to the resulting increase in the franchise fee from this additional $12.00 per ton cost, as well as inclusion of the pavement impact fee. While the magnitude of this increase is significant, the number of customers within the City who use roll-off or compactor services is approximately four per month. A Proposition 218 notice was mailed by Burrtec on December 12, 2009 to all residential and commercial customers, notifying them of the Public Hearing scheduled for January 26, 2010 at which time the Council would consider adoption of the proposed refuse rate adjustments. A copy of that notice is included with this staff report. i This action is a Public Hearing, to be conducted on the 26`h day of January, 2010, at the hour of i 6:00 p.m. at the City Council Chambers, 22795 Barton Road, Grand Terrace California, at which time all persons interested in or objecting to the proposed solid waste and recycling rate adjustments will be heard. Upon conclusion of the public hearing, the Council may adopt the proposed solid waste and recycling rate adjustments set forth in the attached resolution. As of the date of preparation of the staff report, no protests have been filed with the city. FISCAL IMPACT: The proposed rate adjustments will result in the addition of a pavement impact fee which is to be used to offset the cost of the refuse collection vehicles on the city's pavement. It is projected that the pavement impact fee will generate an addition $35,000 per year for use by the Public Works Department for pavement rehabilitation and maintenance projects. In addition, the proposed rate adjustments will fully fund the Household Hazardous Waste, reducing the General fund subsidy for this program by $4,443 for the first year. It will also fully fund the Street Sweeping Program, reducing the General Fund subsidy for this program $19,710 for the first year. Respectfully submitted, Ric and Shields, Director of Building& Safety/Public Works �r Manager Approval: � Betsy . Adams City Manager ATTACHMENTS: Proposition 218 Notice Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING RATES. WHEREAS; the City Council has determined that due to changes in operating and program costs, an adjustment in the service rates for the provision of refuse and recycling collection is hereby deemed appropriate and that the refuse rate adjustments set forth in "Exhibit A" are hereby deemed appropriate and reasonable. All other rates existing and not separately identified in"Exhibit A"shall remain the same; and, WHEREAS; a Public Hearing was conducted on the 26`h day of January, 2010, at the hour of 6:00 p.m. at the City Council Chambers, 22795 Barton Road, Grand Terrace California, at which time all persons interested in or objecting to the proposed solid waste and recycling rate adjustments were heard; and, WHEREAS; notices of said solid waste and recycling rate adjustments were duly provided via U.S. Postal Service Mail to all residential and commercial customers of record by Burrtec Waste Industries on or about December 11, 2009 and that said notice was provided 45-days prior to this public hearing in accordance with Proposition 218; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace that the solid waste and recycling rate adjustments were approved and adopted by the Council on January 26,2010 and shall become effective on February 1, 2010. ADOPTED this 26`h day of January, 2010. Maryetta Ferre', Mayor ATTEST: Brenda Mesa, City Clerk 5 EXHIBIT "A" SOLID WASTE AND RECYCLING RATES TABLE I -RESIDENTIAL RATES ' Household Street Pavement Total Net Franchise Hazardous Sweeping/ TOTAL RESIDENTIAL REFUSE Impact To Hauler Fee Fee Waste Fee Community MONTHLY PerSFR Fund RATE j Service Level 1-96-gallon refuse (black)cart plus a recycling(blue) -- cart and green waste(green)cart of either a 64-or 96-gallon size. S 17.94 $ 2.68 $ 0.65 S0.32 50.96 S 22.44 Service Level -64-gallon refuse 7 (black)cart plus a recycling(blue) cart and green waste(green)cart of either a 64-or 96-gallon size. $ 16.70 $ 2.51 S 0.53 S0.32 S0.96 $ 21.02 ?additional 64-gallon refuse(black) cart S 7.42 $ 1.11 $ 0.26 $ 8.80 Additional 96-gallon refuse(black) cart $ 9.12 $ 1.37 $ 0.32 $ 10.81 r i i i E EXHIBIT "A" SOLID WASTE AND RECYCLING RATES TABLE 2-COMMERCIAL FRONT LOAD REFUSE Pavement COMMERCIAL FRONT LOAD REFUSE Total Net Franchise Impact TOTAL To Hauler Fee Fee MONTHLY RATE Front.Load Refuse Bin Size:2 1 time per week S 70.30 $ 10.55 $ 2.46 5 85.51 2 time per week $ 128.11 $ 19.22 $ 4.48 S 156.21 3 time per week $ 198'.40 $ 29.76 $ 6.94 $ 241.71 4 time per week $ 268.72 $ 40.31 $ 9.41 $ 327.24 5 time per week $ 338.53 S 50.78 $ 11.85 $ 412.17 6 time per week $ 409.08 $ 61.36 $ 14.32 $ 497.97 1 Extra Pick-up,On-Site $ 10.30 $ 1.55 $ 0.36 $ 12.21 1 Extra Pick-up,Unscheduled $ 23.89 $ 3.58 $ 0.84 $ 28.31 Front Load Refuse,Birt Size:3 Yard; 1 time per week $ 93.86 $ 14.08 $ 3.28 S 114.52 2 time per week $ 175.56 $ 26.33 $ 6.14 $ 214.65 3 time per week 5 269.48 $ 40.42 $ 9.43 $ 329.24 4 time per week $ 371.41 _$ 55.71 $ 13.00 $ 453.33 5 time per week $ 457.29 $ 68.59 $ 16.01 S 558.41 6 time per week $ 550.96 $ 82.64 $ 19.28 $ 672.70 1 Extra Pick-up,On-Site $ 12.25 $ 1.84 $ 0.43 $ 14.51 1 Extra Pick-up,Unscheduled $ 25.84 $ 3.88 $ 0.90 $ 30.62 Front Loa&Ref m Bin;Size:4' 1 time per week $ 124.16 $ 18.62 $ 4.35 $ 151.53 2 time per week $ 236.02 $ 35.40 $. 8.26 5 288.49 3 time per week $ 360.27 $ 54.04 $ 12.61 $ 440.13 4 time per week $ 484.53 $ 72.68 $ 16.96 $ 591.79 5 time per week $ 610-44-1 $ 91.57 S 21.37 $ 745.39 6 time per week $ 732.08 $109.81 $ 25.62 5 393.94 1 Extra Pick-up,On-Site $ 14.19 $ 2.13 5 0.50 S 16.82 1 Extra Pick-up,Unscheduled $ 27.78 $ 4.17 5 0.97 $ 32.92 Front Load Refuse Bin Size:6: 1 time per week S 179.65 $ 26.95 5 6.29 $ 219.49 2 time per week S 346.83 $ 52.02 S 12.14 S 424.20 3 time per week S 526.97 $ 79.05 $ 18.44 $ 644..28 = time per week $ 7C6.15 $105.92 S 24.72 S 363.21 5 time per week S 385.81 $132.87 $ 31.00 S 1,C82.71 6 time per week 51,065.47 S 159.82 S 37.29 S 1,302.21 - Extra Pick-up,On-Site S 18.09 S 2.71 S C.63 S 21.43 Extra Pick-up,Unscheduled S 31.63 S 5.75 S _.11 S 37.5 7 i EXHIBIT "A" SOLID WASTE AND RECYCLING RATES TABLE 3-COMMERCIAL FRONT LOAD RECYCLING Pavement COMMERCIAL FRONT LOAD RECYCLING Total Net Franchise Impact TOTAL To Hauler Fee Fee MONTHLY , RATE Front Load Recycling,Bin Size:2 yard 1 time per week $ 53.44 $ 8.02 $ 1.87 $ 63.33 2 time per week $ 94.38 $ 14.16 3.30 $ 111.84 Front Load Recycling Bin.,Size:3-ygrd, 1 time per week $ 68.56 S 10.28 $ 2.40 $ 81.24 2 time per week $ 124.97 $ 18.75 $ 4.37 $ 148.09 Front Load,Recycling Bin Size:.4yard'-:: 1 time perweek $ 90.43 $ 13.56 $ 3.17 $ 107.16 2 time per week $ 168.56 $ 25.28 S 5.90 $ 199.74 i Front Load:Recycling Bin-.Size:6-yard 1 time per week $ 129.06 $ 19.36 $ 4.52 $ 152.94 2 time per week $ 245.64 $ 36.85 $ 8.60 $ 291.08 i i Y I i EXHIBIT "A" SOLID WASTE AND RECYCLING RATES TABLE 4-COMMERCIAL FRONT LOAD COMPACTOR Total Net Franchise PavementTOTAL COMMERCIAL FRONT LOAD COMPACTOR Impact To Hauler Fee MONTHLY Fee RATE Front Load Compactor Bin Size:2-yd 1 time per week $ 106.44 $ 15.97 $ 3.73 $ 128.34 2 time per week $ 200.12 $ 30.62 $ 7.00 $ 241.54 3 time per week $ 306.56 $ 45.98 $ 10.73 $ 369.88 time per week 5 413.00 $ 61.95 $ 14.46 $ 498.22 5 time per week $ 518.96 $ 77.84 $ 18.16 $ 625.97 6 time per week $ 625.65 $ 93.95 $ 21.90 $ 754.61 1 Extra Pick-up,On-Site $ 18.09 $ 2.71 $ 0.63 $ 21.43 1 Extra Pick-up,Unscheduled $ 31.68 S 4.75 $ 1.11 $ 37.54 Front'Load Compactor Bin Size:3-yd 1 time per week $ 147.81 $ 22.17 $ 5.17 $ 178.46 2 time per week $ 283.19 $ 42.48 $ 9.91 $ 342.19 3 time per week $ 431.07 $ 64.66 $ 15.09 $ 520.73 4 time per week $ 579.69 $ 86.80 $ 20.25 $ 698.96 5 time per week $ 726.80 $109.02 $ 25.44 $ 877.77 6 time per week $ 874.42 $131.16 $ 30.60 $ 1,056.00 1 Extra Pick-up,On-Site $ 23.92 $ 3.59 $ 0.84 $ 28.35 1 Extra Pick-up,Unscheduled $ 37.51 $ 5.63 $ 1.31 $ 44.45 Front Load Compactor Bin Size:4-yd 1 time per week $ 196.07 $ 29.41 $ 6.86 S 236.74 2 time per week $ 379.55 $ 56.93 $ 13.28 $ 458.58 3 time per week $ 575.73 $ 86.36 $ 20.15 $ 695.45 a time per week $ 771.90 $115.78 $ 27.02 $ 932.31 5 time per week $ 968.06 $145.21 S 33.88 $ 1,169.17 6 time per week $1,163.26 $174.49 $ 40.71 $ 1,404.89 1 Extra Pick-up,On-Site $ 29.76 $ 4.46 S 1.04 $ 35.27 1 Extra Pick-up,Unscheduled $ 43.35 $ 6.50 S 1.52 $ 51.37 9 EXHIBIT "A" SOLID WASTE AND RECYCLING RATES TABLE 5-ROLL OFF AND COMPACTOR Total Net Franchise PavementTOTAL ROLL OFF AND COMPACTOR SERVICES Impact To Hauler Fee MONTHLY Fee RATE ROLL OFF AND COMPACTORS,Service Rate for both Refuse and Recycling Low-boy Rolloff Box-10 yards $ 165.00 $ 24.75 $ 5.78 S 195.53 Open Top Rolloff Box-20 yards $ 165.00 $ 24.75 $ 5.78 S 195.53 Open Top Rolloff Box-40 yards $ 165.00 $ 24.75 $ 5.78 $ 195.53 Compactor-40 yards S 184.40 $ 27.66 $ 6.45 $ 218.51 REFUSE,Per ton Roll off and Compactor Rate $ 47.38 $ 7.11 $ 1.66 $ 56.15 Temporary 10-,20-or 40-yard Bin,7-day Rental,6-ton maximum. S 468.68 $ 70.30 $ 16.40 $ 555.39 Temporary 40-yard Bin,Additional per day rental rate. $ 22.00 $ 3.30 $ 0.77 $ 26.07 Temporary 40-yard Bin,Additional overweight tonnage over 5-tons S 4738 S 7.11 $ 1.66 S 56.15 1t December 9,2009 Grand Terrace Refuse Customer or Property Owner: ---"- - - Notice is hereby given that the.Grand Terrace City Council ,will conduct a Public Hearing on the,261h day of January, 2010, at the hour of 6:00 p.m. at the City Council Chambers, 22795 Barton Road, Grand Terrace, California, in compliance with Proposition 218 regarding proposed adjustments to solid waste and recycling rates and charges.In accordance with Proposition 218,you may protest this proposed adjustment either in person at the public hearing or in writing at City of Grand Terrace, City Clerk, 22795 Barton Road, Grand Terrace California, 92313. The City of Grand Terrace contracts with Burrtec Waste Industries for the,provision of solid waste and recycling collection services and charges rates to recover costs associated with providing solid waste and recycling services to customers. The rate structure allocates a customer's proportionate share of costs to provide each service. The proposed rates include five components: 1. A monthly charge for the,collection and disposal of solid waste or for the collection and processing of recyclables by Burrtec Waste Industries. 2. A franchise fee payable by Burrtec'to the City of Grand Terrace to cover the costs of administering the, franchise agreement and compliance'with various State and County laws relating to solid waste and recycling mandated programs. 3. For residential customers, a charge to provide household hazardous waste(HIHV1)services through a contract with the County of San Bernardino. 4. A street sweeping fee for the removal of trash and debris from city streets resulting from the collection of solid waste and recycling. 5. A pavement impact fee payable by the franchisee to reimburse the city for accelerated wear and tear of city streets due to the frequent operation of the solid waste and recycling collection trucks. The proposed rate adjustments are necessary.to increase or decrease the various program costs to reflect the actual costs for providing these services,and to recover those costs which have increased. RESIDENTIAL: For residential service, the proposed rate adjustments will result in NO CHANGE to the existing residential collection rates currently at$22.44 per month for 96-gallon cart service and$21.02 per month for 64-gallon cart service, although some components of the rates are increasing and others are decreasing. The HM program fee is proposed to increase from$0.20 per household to $0.32 per household,the Street Sweeping fee is proposed to increase from $0.92 per household to $0.96 per household, and the Pavement Impact Fee will be$0.65 per household for a 96-gallon cart and$0.53 per household for the 64-gallon cart. The Franchise fee will be reduced from $2.78 per household to $2.68 per household for the 96-gallon cart and from $2.60 to $2.51 for the 64-gallon cart. The portion of the cost for the hauler will be reduced from $18.54 to$17.84 for the 96-gallon and from$17.31 to$16.70 per month. COM3MRCIAL: For commercial service, the proposed rate adjustments will result in approximately 2.30% increase in the refuse rate charged. The rate includes the franchise fee,pavement impact fee and street sweeping fee. Please see the attached rate tables on the reverse side of this letter for the,individual rates proposed for each commercial service. Should you have any questions regarding the rate hearing or the proposed increase, please contact the City of Grand Terrace at 824-6621. Sincerely, < Betsy 11A.Adams City Manager SI USTED.NECESITA UNA COPIA DE ESTA CARTA EN ESPAROL,POR FAVOR LI4,wENOS AL 909-821-6621. 11 raveure:u. TOIAL 1 Total Net Franchise Hatardous Sweeping/ Impact Waste Fee Community MONTHLY RESIDENTIAL REFUSE To Hauler Fee Fee , Per SFR Fund RATE I Satire Level l-96-gx8on refuse 1 (bi ran plus a rm"11i(blue) art and green waste(Peen)cart of 50.32 50.96 5 22.44 either a 64-or 96g18en site. S 17.04 S 2.68 S 0.65 Serrice Leve13-64•galka refine ' (black)cart plm a rtnTila8(blue) cart ad pwo Mire(Peen)art at 0.53 $0.32 50.96 S '3-'02 .. - .. either ad4-or 96-PUM Mica S 16.70 5 2.51 5 .aWond 64-gxRon refuse @lack) S 8.30 -n S 7 I .52 5 Lli 5 0.26 .aadand 96•gdlox re[me(Mack) S 10:81 5 9.32 S. L37 $ 0.32 can PROPOSED PROPOSED Pavement TOTAL Pavement TOTAL Total Net franchise impact Total Net Franchise pact COMMERCIALFRONiLOADRECYCLING To Hauler Fee MONTHLY Impact COMMERCIAL FRONT LOAD REFUSE MONTHLY Fee RATE'- ToHauler Fee . Fee RATE Front Load Rcrclin0 Fain SFzc:2 YanF Front Load Ra(uao Ell"Sizfr' S' S3.44 5 8.02 S 1.87 S 63.33 1 time week S 70.30 S 10-55 S 2.46 S 8551 1 time er week S 94.30 $ 14.16 S 3,30 S 111.84 2 time erweek $ 1211M S 19.22 S 4A8 S 156-n 2 time erweek 3 time erwei S 198A0 S 29.75 5 6.94 S 241.71 4 time erweek8.72 S 26 S 40.31 $ 9A1 S 327.24 Front Loan Rec7din0 Bin Size:=-yard S 68.56 5 10.28 S 2-40 S 181.24 Ume erweek S 33853 S 50.79 S 1L85 S 41L17 1 time per week S 124.97 S 18.75 S 4.37 5 143.09 5 5 $ 409.08 5 6 in w 1.36 S 34.32 5 497.97 2th pereek time per S 30 L55 30. S 5 0.36 $ 12.21 1 Extra Pit -SiTe up,On 20.31 Front Load Recycling Bin Size:4•yatd 1 Extra Plck•u ,Unscheduled $ 23.89 5 358 $ O.B4 S 1 time perweek $ 90.43 $ 13.6 S 3.L7 S 107.16 Front Load Refoso Rin Sire:3 Yard 2 time erweek 5 Srr8.56 5 25.28 S 5.90 $ 199.74 1 time erweek. $ 93.86 $ 14.08 $ 3.28 S 31452 2 time perweek $ 17596 $ 26.33 S 6.24 S 214.65 Front Loud Rericlio0 BFn Siza:G-yar:l S 129.06 S 19.36 S 4-52 S 15L94 5 269AS $ 40.42 S 9A3 S 329.24 1 time erweek 3 time erweek 2 thin week 5 245.64 $ 36M S IL60 S 29LOO 4 Hme et week 5 371.a1 $ 55.71 $ L3.00 $ 453.33 S time erweek 5 457.]9 5 68.59 S 16.01 S 558A1 meperweek 5 550.% 5 82.64 $ 19M $ 67Z70 PROPOSED 6 tl 1 Ewa P1dr-u ,On-Site S 12.25 S L84 S 01 5 14.51 Pavement T�� 25.g4 'S 3.88 S' 0.90 $, 30.62 Total Net Franchise 1 Extra Pidr-uD,Unscheduled S Impact MONiNLY - COMMERCIAL FRONT(OAD COMPACTOR To Hauler Fee Fee RATE Front Load Ralusc Bin Size:3 I,tliM erweek 5 17A.I $ 18.62 $ 4.35 S 15L53 2 time -k $ 236.I S 35.40 S 8.26 S 288.49 Frans Load 1o:npactor e;in Size:2=1d S •� 5 15.97 S 3.73 5 `12834 3 time vueek $ 360.27 5 54.04 S IZ61 $ 44013 1 time week $ 200.12 $ 30.02 $ 7.00 $ 1241.54 a thoe ervrreek S.48a53 _S 72.68 S 16 96 Si M78 2 thin week $ 306.56 S 4598 S 10-73 S 369.88 $ 61DA4 5 9L57 5 j1.37 S 745.39 3 time erweek 1 5 time erweek 4 tbne perweek 5 a98.22 413.00 5 61.95 5 14 C6 $ 6 time perweek • $ 73208 5109.61 S 25.62 $ 89332 $,519.96 5 T1.84 5 18.15 S 1 625.97 l pdraPidt- ,Oo-rite 5 14.19 S 2.23 S OM S 16.82 5 timeperweek 1 Frrtra Paup.Unsch uled S 27.78 5 4.17 S 0.97 5 3292 6 torte erweek $ 625.65 S 93.85 S ?L90 S 754.61 ld 1 Extra Pick-u .On-Site S 18.Q9 S Z71 S• 0.63 $ 1 2L43 Ftom Load Ra(usu Fain Siw:0 1 Ewa PICK-up,Unscheduled $ 32.68 5 4.75 S Lit S, 3754 1 fume erweek S 179.65 S z695 $ 6.29 5 219A9 2 time 34 erwttek $ 6.83 S 5202 S IZ14 $ 424.20 Front Load Compactor Bin Size;3:yd 3 thin erweek $ 526.97 S 79.05 S 18A4 S 644.28 1 Ume per Week $ 147.81 S 22.17 5 5.17 S 178.46 a time erweek S 706.15 5Ili S M72 S 86 1 2 time erweek 5 283.19 S 42A8 $ 9.91 S 34Z79 5 time week 5 885.81 5]32.87 S 3100 S 1,OBZri 3 time erweek S 43107 S 6t.go $ 25.09 $' 520.73 51.065A7 S 159.82 S 37.79 5 L30Z21 time per week $ 578.69 $ 86.80 S 20.25 $' 69896 6 tlrrte per week S 726.80 S 189.02 $ 75.44 $` 877.77 Lfirtr+pidc-u ,on-site S 18.E 5 Z71 S 0.63 $ u-43 StimePerweek 1 pick-up.Unscheduled S 31.69 S 4.75 S 1.22 S 37.54• 6 time erweek $ 823.92 $133.59 S 30.54 S'1,028.35 _ 1 Extra P1di,On-Site $ 23.92 S 3.59 5 0.&I $ 28.45 1 Extra Pick-up,Unscheduled $ 3751 $ 5.63 S L31 51 �•45 PROPOSED pavement TOTAL Front Load Compactor in Size:»-Yd Total Net Franchise lmDad S 196.07 S 29A1 S 6.86 5 236.74 ROLL OFF AND COMPACTOR SERVICES To Hauler Fee � MONTHLY Stime erweek Fee RATE 2thne erweek S 37955 $ 6. S 13.28 8 S 453-58 $ 575.73 $ 6.36 36 S 1a 695A5 3 time per week15 $ 695A5 ROLL OFF AND COMPACTORS,Service 4 time per week S Smog 5115•JB S 33.98 $ 93Z31 Rate for both Refuse and Recycling 5 time er week 5 163.26 $174.49 S 33.88 $ 1,404.89 Law-boy R011off BOX-10 yards .5 165.00 $ 24.75 $ 5.78 $ 19553 6time perweek $L363.76 $174.46 S aL04 S 1,404.89 O To Rolluff Box-20 5 155.00 $ 24.75 5 5.78 S 19553 1 Extra Picki .On-S-tte 5 43.35 S 6.50 $ L04 S 35.27 O en To Rolloff8ox-4OY� S 184AO 5 24.75 5 6AS S 195,53 1riPick-up,U�eduled S 43.35 5 6.50 S 152 S 51.37 Cam -4o rds $ 184.40 5 27.66 $ 6A5 $ 21857 REFUSE,Per ton Roll off and Compactor ' S 47.38 S 7.11 $ L66 S 56.15 Rate � Temporary 10-,21111-or40-Yard Bin,7-day Rental,6-ton maximum- S 468.e8 S 70.30 S 16A0 $ 555.39 TemporarY48-yard Bin,Additional per S 22.00 5 3.30 5 0.77 S 26.07 day rental rate. � Temporary 40-yard Bin,Additional 4 overweight tonnage over 5-torts 5 35.39 5 5.31. S 1-24 5 41.93 SI USTED rVECESiTA UNA COPIA DE EST-A CARTA&V ESPANOL,POR FA FOR ZLr1 LfENOS AL 909 82 -6621• i Wnx Y iALI'FORYIA AGENDA REPORT MEETING DATE: January 26, 2010 Council Item ( X ) CRA Item ( ) -, TITLE: Chapter 15.56 Water Efficient Landscape Ordinance PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Conduct a public hearing for the Water Efficient Landscape Ordinance and move to second reading. BACKGROUND: In 2006 the California State legislature adopted the Water Conservation in Landscaping Act of 2006 ("Act"), requiring the California Department of Resources to update the State Model Water Efficient Landscape Ordinance. The purpose of the Act is promote the conservation and efficient use of water and to prevent water waste as it relates to landscape design, installation, maintenance and management. The Act requires all local agencies to adopt the model ordinance or develop an ordinance that is at least as effective as the model ordinance by January 2010. In accordance with the Act, Chapter 15.56 Water Efficient Landscape Ordinance ("Ordinance"), developed from the state's model ordinance, is presented in Attachment 1 for the Council's consideration. DISCUSSION: The following is a brief analysis on the requirements of the Ordinance: (1) What does the Ordinance do? Essentially, the Ordinance establishes a water budget for: • all new construction and rehabilitated landscapes for private and public projects that have landscape areas of 2,500 square feet or greater; • all new construction and rehabilitated landscapes for single and multiple family projects that are developer installed that have landscape areas of 2,500 square feet or greater; • new construction landscapes which are homeowner installed, or contractor installed with landscapes area of 5,000 sqft. or greater; and • existing landscapes of one acre or greater. COUNCIL AGENDA ITEM NO. 1 2. How does the Ordinance accomplish this? • It requires that a water budget calculation (Water Efficient Landscape Worksheet) be conducted for all applicable projects to determine the maximum applied water allowance (MAWA) and estimated total water use (Refer to pp. 5-8 and Appendix B). The MAWA is determined by a mathematical calculation which takes into consideration, among other factors, the evapotranspiration rate of this area and the amount of landscape area. The developer is then required to estimate the total water use based on the proposed landscaping, again taking into account the evapotranspiration rate, the water needs of the plants used, the type of hydrozone areas (areas with plants having similar water needs) and other factors. • The total water used cannot exceed the MAWA. • It requires that developers submit a Landscape Document Package (p. 3 and 4) that includes the Landscape Worksheet (p. 5), information on water supply, a soil management report (p. 9), landscape plan (p. 10), irrigation plan (p. 14) and grading plan (p. 17). • This information must be reviewed and approved by the City. • Prior to a project receiving final clearances, a Certificate of Completion (p. 18 and Appendix C) must be submitted to the City and the City must approve or deny the Certificate. The developer must include irrigation scheduling parameters (p. 19), maintenance schedules (p. 20), irrigation audit report (p. 21) and a soil analysis report, if needed. • It includes provisions for existing landscapes over one acre in size (p. 23). What does this mean? • 'Developers of commercial projects, single and multiple family projects, and public projects are used to developing landscape and irrigation plans as part of their projects. However, the added regulations will require a greater degree of analysis and consideration of other factors such as the MAWA, total water use, soil management report and grading plan. • Homeowners that plant new or rehabilitate landscape areas of 5,000 square feet or greater, or that are building their own home will have to work with a professional that can complete landscape and irrigation plans to the extent dictated by the ordinance. • City staff does not have the experience or resources to adequately review the full complement of plans and information needed and will have to rely on the landscape professionals hired by the applicant. However, in most instances this is a common practice. _00 NUT[ A131UDA J13OUO3 7 What happens if the City does not adopt the Ordinance? • By statute, the State's Model Water Efficient Landscape Ordinance will take effect and all cities and counties will be required to implement it. • The City does have the option of drafting its own Ordinance that is just as effective as the model ordinance, but perhaps not as complex. This is an option that the City may wish to pursue in the future when the Zoning Code is updated. FISCAL IMPACT: Implementation of the Ordinance will create additional staff duties and responsibilities; however, no impact to the City's General Fund beyond normal operating expenses is expected. Respectfully submitted, JWyce owers Director of Community and Economic Development ManagerPP o al. Betsy A Adams City Manager ATTACHMENTS: Chapter 15.56 Water Efficient Landscape Ordinance 3 i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND ' TERRACE ADDING CHAPTER 15.56 TO TITLE 15 OF THE GRAND TERRACE MUNICPAL CODE ESTABLISHING-A WATER EFFICIENT LANDSCAPE ORDINANCE. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION L Chapter 15.56 is added to Title 15 of the Grand Terrace Municipal Code to read as follows: "Chapter 15.56 Water Efficient Landscape Ordinance Sections: 15.56.010 Purpose. 15.56.020 Applicability 15.56.030 Provisions for New Construction or Rehabilitated Landscapes. 15.56.040 Compliance with Landscape Documentation Package. 15.56.050 Penalties. ; 15.56.060 Elements of the Landscape Documentation Package. 15.56.070 Water Efficient Landscape Worksheet. 15.56.080 Soil Management Report. 15.56.090 Landscape Design Plan. 15.56.100 Irrigation Design Plan. 15.56.110 Grading Design Plan. 15.56.120 Certificate of Completion. 15.56.130 Irrigation Scheduling. 15.56.140: Landscape and Irrigation Maintenance Schedule 15.56.150 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. 15.56.160 Irrigation Efficiency. ; 15.56.170 Recycled Water. 15.56.180 Stonmwater Management. 15.56.190 Public Education. 15.56.200 Environmental.Review. 15.56.210 Provisions for Existing Landscapes. 15.56.220 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. 15.56.230 Water Waste Prevention. 15.56.240 Effective Precipitation. 15.56.250 Definitions Appendix A. Reference Evapotranspiration (ETo) Table. Appendix B —Sample Water Efficient Landscape Worksheet. Appendix C —Certificate of Completion. i Page 1 of 36 December 21, 2009 i 15.56.010 Purpose. A. The State Legislature has found: 1. That the waters of the state are of limited supply and are subject to ever increasing demands; 2. That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; 3. That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; 4. That landscapes are essential to the quality of life in California by providing areas for active and passive-recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and 5. That landscape design, installation, maintenance and management can and should be water efficient; and 6. That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. B. Consistent with these legislative findings, the purpose of this ordinance is to: 1. Promote the values and benefits of landscapes. while recognizing the need to invest water and other resources as efficiently as possible; 2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects; , 3. Establish provisions for water management practices and water waste prevention for existing landscapes; 4. Use water efficiently without waste by setting a. Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; 5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; 6. Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and Page 2 of 36 December 21, 2009 5 i 7. Encourage cooperation between the City and other local agencies, as applicable, to implement and enforce this ordinance. 15.56.020 Applicability A. This ordinance shall apply to all of the following landscape projects: i 1. New construction and rehabilitated landscapes for public and private development projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, land use reviews, and approvals; 2. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater , than 2,500 square feet subject to discretionary permits, plan checks, land use reviews, and approvals; 3. New construction landscapes which are homeowner-provided and/or homeowner- hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet subject to discretionary permits, plan checks, land use reviews, and approvals; and 4. Existing landscapes limited to Section 15.56.210, Section 15.56.220, and Section 15.56.230. f B. This ordinance does not apply to: - 1. Any project with a total landscaped area of less than 2,500 square feet; i 2. Registered local, state or federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system; and ` t 4. Plant collections, as part of botanical gardens and arboretums open to the public.; 15.56.030 Provisions for New Construction or Rehabilitated Landscapes. A. The City may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. The City may collaborate with watei purveyors to define each entity's specific responsibilities relating to this ordinance. 15.56.040 Compliance with Landscape Documentation Package. A. Prior to construction, the Director shall: 1. Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews; Page 3 of 36 December 21, 2009 f 2. Review the Landscape Documentation Package submitted by the project applicant; 3. Approve or deny the Landscape Documentation Package; 4. Issue a permit or approve the plan check or design review for the project applicant; and 5. Upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. -" B. Prior to construction, the project applicant.shall: 1. Submit a Landscape Documentation Package to the Director. C. Upon approval of the Landscape Documentation Package by the Director, the project applicant shall: 1. Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; 2. Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and 3. Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. 15.56.050 Penalties. A. The City may establish and administer penalties to the project applicant for non- compliance with the ordinance to the extent permitted by law. 15.56.060 Elements of the Landscape Documentation Package. A. The Landscape Documentation Package shall include the following six (6) elements: 1. Project information with the following; a. Date b. Project applicant and contact information C. Project owner and contact information d. Project address (parcel and/or lot number(s) if available) e. Total landscape area (square feet) Page 4 of 36 December 21, 2009 7 f. Project type (e.g., new, rehabilitated, public, private, homeowner- installed) g. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well h. Checklist of all documents in Landscape Documentation Package i. Project contacts to include contact information for the project applicant and property owner j. Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package" 2. Water Efficient Landscape Worksheet with the following: a. Hydrozone information table; b. Water budget calculations; (i) Maximum Applied Water Allowance (MAWA) (ii) Estimated Total Water Use (ETWU) 3. Soil management report; 4. Landscape design plan; 5. Irrigation design plan, and 6. Grading design plan. 15.56.070 Water Efficient Landscape Worksheet. A. A project applicant shall complete the Water Efficient Landscape Worksheet which is made up of two sections, and contained in Appendix B: 1. A hydrozone information table (see Section A of Appendix B) for the landscape project; and 2. A water budget calculation (see Section B of Appendix B) for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. Page 5 of 36 December 21, 2009 B. Water budget calculations shall adhere to the following requirements: I. The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants; 2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone; _ 3. All Special Landscape Areas shall be identified and their water use calculated as described below; and 4. ETAF for Special Landscape Areas shall not exceed 1.0. C. Maximum Applied Water Allowance The Maximum Applied Water Allowance shall be calculated using the equation: MAWA= (ETo) (0.62) [(0.7 x LA)+ (0.3 x SLA)]. The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing and/or planned landscape project. The ETo values used in these calculations are from the Reference Evapotranspiration Table in Appendix A, for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current reference evapotranspiration data, such as from the California Irrigation Management Information System(CIMIS), other equivalent data,or soil moisture sensor data. 1. Example MAWA calculation: a hypothetical landscape project in Fresno, CA with an irrigated landscape area of 50,000 square feet without any Special Landscape Area(SLA=0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Fresno is 5 1.1 inches. MAWA=(ETo) (0.62) [(0.7 x LA)+ (0.3 x SLA)] MAWA=Maximum Applied Water Allowance (gallons per year) ETo =Reference Evapotranspiration (inches per year) 0.62 =Conversion Factor(to gallons) 0.7 = ET Adjustment Factor(ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) Page 6 of 36 December 21, 2009 9 MAWA= (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0): = 1,108,870 gallons per year To convert from gallons per year to hundred-cubic-feet per year: = 1,108,870/748 = 1,482 hundred-cubic-feet per year (100 cubic feet=748 gallons) 2. In this next hypothetical example, the landscape project in Fresno, CA has the same ETo value of 51.1 inches and a total landscape area of 50,000 square feet. Within the 50,000 square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000 square foot area is considered to be a Special Landscape Area. MAWA= (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA=(51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)] = 31.68 x [35,000+6001 gallons per year =31.68 x 35,600 gallons per year =1,127,808 gallons per year or 1,508 hundred-cubic-feet per year D. Estimated Total Water Use. The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA. ETWU =(ETo)(0.62)I PFIE A +SLAJ Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 15.56.250) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 =Conversion Factor Page 7 of 36 December 21, 2009 1C IE = Irrigation Efficiency (minimum 0.71) 1. Example ETWU calculation: landscape area is 50,000 square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is 51.1 inches per year. There are no Special Landscape Areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example. Plant Hydrozone Plant Water Factor Area (HA) PF x HA H drozone Use Type(s) (PF)* (square feet) (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 10,000 7,000 3 Medium 0.5 16,000 8,000 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 Sum 24,700 *Plant Factor frdm WUCOLS ETWU=(51.1)(0.62 24,700+0 0.71 = 1,102,116 gallons per year Compare ETWU with MAWA: For this example MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] = 1,108,870 gallons per year. The ETWU (1,102,116 gallons per year) is less than MAWA (1,108,870 gallons per year). In this example, the water budget complies with the MAWA. 2. Example ETWU calculation: total landscape area is 50,000 square feet, 2,000 square feet of which is planted with edible plants. The edible plant area is considered a Special Landscape Area(SLA). The reference evapotranspiration value is 51.1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below. Page 8 of 36 December 21, 2009 11 Plant Hydrozone Plant Water Factor Area (HA) PF x HA H drozone Use Type(s) (PF)* (square feet) (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 9,000 6,300 3 Medium 0.5 15,000 7,500 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 6 SLA 1.0 2,000 2,000 Sum 23,500 *Plant Factor from WUCOLS ETWU = (51.1)(0.62) 23,500+2,000 0.71 =(31.68) (33,099 +2,000) = 1,111,936 gallons per year Compare ETWU with MAWA. For this example: MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)] = 31.68 x [35,000 + 600] = 31.68 x 35,600 =1,127,808 gallons per year The ETWU (1,111,936 gallons per year) is less than MAWA (1,127,808 gallons per year). For this example, the water budget complies with the MAWA. 15.56.080 Soil Management Report. A. In order to reduce runoff and encourage healthy plant growth, a soil ma►lagement report shall be completed by the project applicant, or his/her designee, as follows: 1. Submit soil samples to a laboratory for analysis and recommendations. Page 9 of 36 December 21, 2009 17 a. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. b. The soil analysis may include: i. soil texture; ii. infiltration rate determined by laboratory test or soil texture infiltration rate table; iii. pH; iv. total soluble salts; V. sodium; vi. percent organic matter; and vii. recommendations. 2. The project applicant, or his/her designee, shall comply with one of the following: a. If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or b. If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion. 3. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. 4. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City with Certificate of Completion. 15.56.090 Landscape Design Plan. A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. 1. Plant Material a. Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Page 10 of 36 December 21,2009 13 I Applied Water Allowance. To encourage the efficient use of water, the following is highly recommended: i. protection and preservation of native species and natural vegetation; ii. selection of water-conserving plant and turf species; iii. selection of plants based on disease and pest resistance; I � iv. selection of trees based on applicable City tree ordinances or tree shading guidelines; and V. selection of plants from local and regional landscape program plant lists. b. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 15.56.100.A.2.d. I C. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended: i i. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; ii. recognize the horticultural attributes of plants (i.e., mature plant size,invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and iii. consider the solar orientation for plant placement to maximize summer shade and winter solar gain. d. Turf is not allowed on slopes greater than 25% where the toe of the slope; is adjacent to an impermeable hardscape and where 25% means 1 foot of . vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100= slope percent). e. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. { f. The use of invasive and/or noxious plant species is strongly discouraged. I i Page 11 of 36 December 21, 2009 14 g. The architectural guidelines of a.common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. 2. Water Features a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features. C. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. A. Pool and spa covers are highly recommended. 3. Mulch and Amendments a. A minimum two inch (2") layer of mulch shall be,applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct•seeding applications where mulch is contraindicated. b. Stabilizing mulching products shall be used on slopes. C. The mulching portion of the seed/mulch slurry in hydro-seeded .applications shall meet the mulching requirement. d. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected(see Section 15.56.080). B. The landscape design plan, at a minimum, shall identify and site.the following: 1. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; 2. Planting legend indicting all plant species by botanical and,common.name,' spacing and quantities of each type of plant by container size; 3. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; 4. Property line streets and street names; 5. Building locations, driveways, sidewalks, retaining walls, and any other hardscape (pervious and non-pervious) features; Page 12 of 36 December 21, 2009 15 6. Appropriate scale and north arrow (planting and irrigation plans shall be drawn at the same scale); 7. Any special landscape areas; 8. Type of mulch and application depth; 9. Planting specifications and details; 10. The MAWA and EAWU; 11. Delineate and label each hydrozone by number, letter, or other method; 12. Each hydrozone as low, moderate, high, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; { i 13. Recreational areas; i 14. Areas permanently and solely dedicated to edible plants; I ' '15. Areas irrigated with recycled water; 16. Soil amendments, type, and quantity; 17. Type and surface area of water features; 18. Location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to: a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground; b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and C. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff. 19. Any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns; etc.); 20. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use.of water in the landscape design plan'; and Page 13 of 36 December 21, 2009 h 16 21. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person,authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.) 15.56.100 Irrigation Design Plan. A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. 1. System a. Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems. C. The irrigation system shall be-designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. ii. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the Page 14 of 36 December 21, 2009 17 water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. g. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. h. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. i. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. j. The design of the irrigation system shall conform to the hydrozones of the landscape design plan. k. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 15.56.070 regarding the Maximum Applied Water Allowance. 1. It is highly recommended that the project applicant inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. in. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. n. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. o. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. P. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas. q. Check valves or anti-drain valves are required for all irrigation systems. Page 15 of 36 December 21, 2009 1F r. Narrow or irregularly shaped areas, including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system. S. Overhead irrigation shall not be permitted within 24 inches of any non- permeable surface. Allowable irrigation within the setback from non- permeable surfaces may include drip, drip line, or other low flow non- spray technology. The setback area may be planted or implanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: i. the landscape area is adjacent to permeable surfacing and no runoff occurs; or ii. the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or iii. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 15.56.100.A.1.h. Prevention of overspray and runoff must be confirmed during the irrigation audit. t. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. 2. Hydrozone a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. C. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: i. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or Page 16 of 36 December 21, 2009 19 ii. the plant factor of the higher water using plant is used for calculations. e. Individual hydrozones that mix high and low water use plants shall not be permitted. f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. B. The irrigation design plan, at a minimum, shall contain: 1. location and size of separate water meters for landscape; 2. location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 3. static water pressure at the point of connection to the public water supply; 4. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 5. recycled water irrigation systems as specified in Section 15.56.170; 6. the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and 7. the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) C. Irrigation and Planting Plan shall be drawn at the same size and scale. 15.56.110 Grading Design Plan. A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by it civil engineer for other City permits satisfies this requirement. Page 17 of 36 December 21, 2009 I 201 1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: a. Height of graded slopes b. Drainage patterns C. Pad elevations d. Finish grade, and e. Stormwater retention improvements, if applicable. 2. To prevent excessive erosion and runoff, it is highly recommended that project applicants: a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes b. Avoid disruption of natural drainage patterns and undisturbed soil, and C. Avoid soil compaction in landscape areas. 3. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. 15.56.120 Certificate of Completion. A. The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6)elements: 1. Project information sheet that contains the following: a. Date b. Project name C. Project applicant name, telephone, and mailing address d. Project address and location, and e. Property owner name, telephone, and mailing address. 2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; Page 18 of 36 December 21, 2009 21 a. Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification; 3. Scheduling parameters used to set the controller(see Section 15.56.130); 4. Landscape and irrigation maintenance schedule (see Section 15.56.140); 5. Irrigation audit report (see Section 15.56.150); and 6. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 15.56.080). B. The project applicant shall: 1. Submit the signed Certificate of Completion to the City for review; 2. Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. C. The City shall: 1. Receive the signed Certificate of Completion from the project applicant; 2. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City shall provide information to the project applicant regarding reapplication, appeal, or other assistance. 15.56.130 Irrigation Scheduling. A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: 1. Irrigation scheduling shall be regulated by automatic irrigation controllers. 2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic Page 19 of 36 December 21, 2009 2� irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. 4. Parameters used to set the automatic controller shall be developed and submitted for each of the following: a. The plant establishment period; b. The established landscape; and C. Temporarily irrigated areas. B. Each irrigation schedule shall consider for each station all of the following that apply: a. Irrigation interval (days between irrigation); b. Irrigation run times (hours or minutes per irrigation event to avoid runoff); C. Number of cycle starts required for each irrigation event to avoid runoff; d. Amount of applied water scheduled to be applied on a monthly basis; e. Application rate setting; f. Root depth setting; g. Plant type setting; h. Soil type; i. Slope factor setting; j. Shade factor setting; and k. Irrigation uniformity or efficiency setting. 15.56.140 Landscape and Irrigation Maintenance Schedule A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. Page M of 36 December 21, 2009 23 C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. D. A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance. 15.56.150 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. A. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B. For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 15.56.020: 1. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; 2. The City shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. 15.56.160 Irrigation Efficiency. A. For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. 15.56.170 Recycled Water. A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in Section 15.56.180.13. B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. ,C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. D. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0. Page 21 of 36 December 21, 2009 2/ 15.56.180 Stormwater Management. A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged. B. Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. C. Rain gardens, cisterns, and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended. 15.56.190 Public Education. A. Publications. Education'is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. 1. The City shall provide information to owners of new, single-family residential homes regarding the design,installation, management, and maintenance of water efficient landscapes. B. Model Homes. All model homes that are landscaped shall use signs and written - information to demonstrate the principles of water efficient landscapes described in this ordinance. 1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. 2. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. 15.56.200 Environmental Review. A. The City must comply with the California Environmental Quality Act (CEQA), as appropriate, in implementing this ordinance. 15.56.210 Provisions for Existing Landscapes. A. The City may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance, and/or collaborate with water purveyors to define each entity's responsibilities relating to this ordinance. Page 22 of 36 December 21, 2009 25 E 15.56.220 Irrigation Audit,Irrigation Survey, and Irrigation Water Use Analysis. A. This section shall apply to all existing landscapes that were installed before January 2010 and are over one acre in size. 1. For all landscapes in subject to Section 15.56.230.A that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA= (0.8) (ETo)(LA)(0.62). 2. For all landscapes subject to Section 15.56.220.A, that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. 15.56.230 Water Waste Prevention. A. The City shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray; or other similar conditions where water flows onto adjacent property, non-irrigated areas; walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally. B. Restrictions regarding overspray and runoff may be modified if: 1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. 15.56.240 Effective Precipitation. A. The City may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo—Eppt) (0.62) [(0.7 x LA) + ((0.3 x SLA)]. Page 23 of 36 December 21, 2009 2E 15.56.250 Definitions. The terms used in this ordinance have the meaning set forth below: A. "Applied water" means the portion of water supplied by the irrigation system to the landscape. B. "Automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. C. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. D. "Certificate of Completion" means the document required under Section 15.56.120. E. "Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. F. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. G. "Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. H. "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. I. "Director" means the Community and Economic Development Director of the City of Grand Terrace. J. "Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year. K. "Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. L. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Page 24 of 36 December 21, 2009 27 M. "Effective precipitation" or "usable rainfall' (Eppt) means the portion of total precipitation which becomes available for plant growth. N. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. O. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. P. "Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Q. "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 15.56.070. R. "ET adjustment factor" (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8. S. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. T. "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. U. "Hardscapes" means any durable material (pervious and non-pervious). V. "Homeowner-provided landscaping" means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by ,a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings. W. "Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated. X. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). Y. "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Page 25 of 36 December 21, 2009 28 Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California 'Invasive Plant Inventory and USDA invasive and noxious weeds database. Z. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-.up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and ' preparation of an irrigation schedule. AA. "Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. BB. "Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. CC. "Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. DD. "Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. EE. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non- pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). FF. "Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. GG. "Landscape Documentation Package" means the documents required under' Section 15.56.060. HH. "Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 165.56.020. [I. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. Page 26 of 36 December 21, 2009 29 i I JJ. "Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. KK. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. LL. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. ' MM. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 15.56.070. It is ' based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. NN. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. 00. "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic . mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. PP. "New construction" means, for the purposes 'of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. QQ. "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. I RR. "Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). SS. "Overspray" means the irrigation water which is delivered beyond the target area. TT. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. UU. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. Page 27 of 36 December 21, 2009 3C VV. "Plant factor" or "plant water use factor" is a.factor , when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant 'factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species". WW. "Precipitation rate's means the rate of application of water measured in inches-per hour. XX. "Project applicant" means the individual or entity submitting a Landscape Documentation _- Package required under Section 15.56.060, to request a permit, plan check, or land use review from the City. A project applicant may be the property owner or his or her designee. YY. "Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. ZZ. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. AAA. "Recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. BBB. "Recycled water", "reclaimed water", or"treated sewage effluent water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. CCC. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. DDD. "Rehabilitated landscape" means any re-landscaping project that requires a permit , plan check, or design review, meets the requirements of Section 15.56.020, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year. EEE. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. Page 28 of 36 December 21, 2009 31 FFF. "Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. GGG. "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay. HHH. "Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. III. "Sprinkler head" means a device which delivers water through a nozzle. JJJ. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. KKK. "Station" means an area served by one valve or by a set of valves that operate simultaneously. LLL. "Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. MMM."Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. NNN. "Valve" means a device used to control the flow of water in the irrigation system. 000. "Water conserving plant species" means a plant species identified as having a low plant factor. PPP. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. QQQ. "Watering window" means the time of day irrigation is allowed. RRR. "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and. the Bureau of Reclamation, 2000. Page 29 of 36 December 21, 2009 . 3� Appendix A. Reference Evapotranspiration (ETo) Table. Appendix A- Reference Evapotranspiration(ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo Appendix A-Reference Evapotranspiration(ETo)Table* SAN BERNARDINO Baker 2.7 3.9 6.1 8.3 10.4 11.8 12.2 . 11.0 8.9 6.1 3.3 2.1 86.6 Barstow NE 2.2 2.9 5.3 6.9 9.0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 Big Bear Lake 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Chino 2.1 2.9 3.9 4.5 5.7 6.5 7.3 7.1 5.9 4.2 2.6 2.0 54.6 Crestline 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5.4 3.5 2.2 1.6 50.8 Lake Arrowhead 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 11.0 11.4 9.9 7.4 5.0 3.0 1.8 75.3 Needles 3.2 4.2 6.6 8.9 11.0 12.4 12.8 11.0 8.9 6.6 4.0 2.7 92.1 Newberry Springs 2.1 2.9 5.3 8.4 9.8 10.9 11.1 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 2.0 2.7 3.8 4.6 5.7 6.9 7.9 7.4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2.6 3.6 5.9 7.9 10.1 11.2 11.2 10.3 8.6 5.9 3.4 2.2 82.9 Victorville 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 *The values in this table were derived from: 1)California Irrigation Management Information System(CIMIS); 2)Reference EvapoTranspiration Zones Map,UC Dept.of Land,Air&Water Resources and California Dept of Water Resources 1999;and 3)Reference Evapotranspiration for California,University of California,Department ofAgriculture and Natural Resources (1987)Bulletin 1922,4)Determining Daily Reference Evapotranspiration,Cooperative Extension UC Division of Agriculture and Natural Resources(1987),Publication Leaflet 21426 33 Appendix B—Sample Water Efficient Landscape Worksheet. WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Please complete all sections (A and B) of the worksheet. SECTION A.HYDROZONE INFORMATION TABLE - Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary to provide the square footage of landscape area per hydrozone. Hydrozone* Zone or Irrigation Area % of Valve Method** (Sq. Ft.) Landscape Area Total 100% *Hydrozone **Irrigation Method HW= High Water Use Plants MS=Micro-.spray MW=Moderate Water Use Plants S=Spray LW= Low Water Use Plants R = Rotor B= Bubbler D= Drip O = Other Page 31 of 36 December 21, 2009 SECTION B. WATER BUDGET CALCULATIONS Section B 1. Maximum Applied Water Allowance(MAWA) The project's Maximum Applied Water Allowance shall be calculated using this equation: MAWA=(ETo) (0.62) [(0.7 x LA)-+(0.3 x SLA)] where: MAWA =Maximum Applied Water Allowance.(gallons per year) ETo =Reference Evapotranspiration from Appendix A(inches per year) 0.7 =ET Adjustment Factor(ETAF) LA =Landscaped Area includes Special Landscape Area(square feet) . 0.62 =Conversion factor(to gallons per square foot) SLA =Portion of the landscape area identified as Special Landscape Area(square feet) '0.3 =the additional ET Adjustment Factor for Special Landscape Area(1.0-0.7=0.3) Maximum Applied Water Allowance= gallons per year Show calculations. Effective Precipitation(Eppt) If considering Effective Precipitation,use 25% of annual precipitation. Use the following equation to calculate Maximum Applied Water Allowance: MAWA=(ETo—Eppt)(0.62) [(0.7 x LA) +(0.3 x SLA)] Maximum Applied Water Allowance= gallons per year Show calculations. Page 32 of 36 December 21, 2009 35 Section B2. Estimated Total Water Use(ETWU) The project's Estimated Total Water Use is calculated using the following formula: ETWU=(ETo)(0.62) PFxHAIE +SLA where: ETWU =Estimated total water use per year(gallons per year) ETo = Reference Evapotranspiration (inches per year) PF = Plant Factor from WUCOLS (see Definitions) HA = Hydrozone Area[high, medium, and low water use areas] (square feet) SLA =Special Landscape Area(square feet) 0.62 =Conversion Factor(to gallons per square foot) IE = Irrigation Efficiency(minimum 0.71) Hydrozone Table for Calculating ETWU Please complete the hydrozone table(s). Use as many tables as necessary. Plant Water Plant Area(HA) PF x HA Hydrozone Use Type(s) Factor(PF) (square feet) (square feet) Sum SLA Estimated Total Water Use= gallons Show calculations. Page 33 of 36 December 21, 2009 :1 F: Appendix C—Certificate of Completion. CERTIFICATE OF COMPLETION This certificate is filled out by the project applicant upon completion of the landscape project. PART 1. PROJECT INFORMATION SHEET Date Project Name Name of Project Applicant Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Project Address and Location: Street Address Parcel, tract or lot number, if available. City Latitude/Longitude(optional) State Zip Code Property Owner or his/her designee: Name Telephone No. Fax No. ' Title Email Address Company Street Address City State Zip Code Property Owner "Uwe certify that Uwe have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule." Property Owner Signature Date Page 34 of 36 December 21, 2009 37 Please answer the questions below: 1. Date the Landscape Documentation Package was submitted to the local agency 2. Date the Landscape Documentation Package was approved by the local agency 3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE DOCUMENTATION PACKAGE "Uwe certify that based upon periodic site observations, the work has been substantially completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package." Signature* Date Name(print) Telephone No. Fax No. Title Email Address License No. or Certification No. Company Street Address City State Zip Code *Signer of the landscape design plan,signer of the irrigation plan,or a licensed landscape contractor. PART 3. IRRIGATION SCHEDULING Attach parameters for setting the irrigation schedule on controller per Ordinance Section 15.56.130. PART 4.SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per Ordinance Section 15.56.140. PART 5. LANDSCAPE IRRIGATION AUDIT REPORT Attach Landscape Irrigation Audit Report per Ordinance Section 15.56.150. PART 6.SOIL MANAGEMENT REPORT Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per Ordinance Section 15.56.080. ,attach documentation verifying implementation of recommendations from soil analysis report per Ordinance Section 15.56.080." Page 35 of 36 December 21, 2009 �c: SECTION 2. The City Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15308 which exempts actions taken by regulatory agencies, as authorized by state law, to assure the maintenance of a natural resource where the regulatory process involves procedures for the protection of the environment because the ordinance will protect the natural water resources of the state and local agency through the adoption of landscaping and irrigation regulations. SECTION 3. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. SECTION 4. This ordinance shall take effect thirty days from the date of adoption. SECTION 5. First read at a regular meeting of the City Council held on the 26`h day of January, 2010 and finally adopted and ordered posted at a regular meeting of said City Council on the 91h day of February, 2010. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of and of the City Council thereof. the City Council thereof. I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 9`h day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Approved as to form: City Attorney Page 36 of 36 December 21, 2009 �A a' CALI'FORNIA AGENDA REPORT MEETING DATE: January 26, 2010 Council Item(X) CRA Item ( ) TITLE: An Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 8.112 of the Grand Terrace Municipal Code Regulating the Sale and Discharge of Fireworks PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Provide Direction to Staff on a Proposed Fireworks Ordinance BACKGROUND: A proposed fireworks ordinance was presented for City Council consideration at the Council Meeting on December 8, 2009. At this meeting, the City Council did not take action on the ordinance and instead directed staff to bring it back at the Council Meeting on January 12, 2010 along with the agreements with the Grand Terrace Little League and the Grand Terrace Community Soccer Club. Staff requested discussion on the proposed fireworks ordinance be continued to the Council Meeting on January 26, 2010. The City Council approved continuing this item and also requested that information on the history of fireworks in Grand Terrace be provided. At the Council Meeting on February 13, 1997, the City Council directed staff to draft and place a fireworks ordinance for City Council Consideration. This action was requested by The Grand Terrace Little League and Grand Terrace Community Soccer Club for the purpose of using fireworks sales as a means of fundraising. At the March 13, 1997 Council Meeting, the City Council conducted a public hearing on an ordinance regulating the sale and discharge of safe and sane fireworks from June 28 through July 5, 1997. The ordinance would sunset on June 30, 1998 unless extended by the City Council and would allow a maximum of two sales permits limited to youth sports organizations with a minimum membership of 250 participants. The ordinance was adopted on March 27, 1997. The City Council was advised that approximately $19,000 was raised in 1997 for the sports groups through the sale of safe and sane fireworks with the Grand Terrace Little League putting its portion of the proceeds into improving fields and facilities. It was also reported by the California Department of Forestry that there were no problems that could be directly related to safe and sane fireworks. At the Council Meeting on December 11, 1997, the Grand Terrace Little League and Grand Terrace Community Soccer Club asked the City Council to support youth sports in 1998 by continuing to allow the sale and discharge of safe and sane fireworks. On January 8, 1998 the City Council conducted a public hearing on an ordinance regulating the,sale and discharge of COUNCIL.AGENDA ITEM N 1 I l safe and sane fireworks from June 28 through July 5, 1998. The ordinance included a modification, requested by the Fire Marshall, that the discharge of safe and sane fireworks is prohibited in areas within 200 feet of any dry grass or brush-covered land. Sunset language was not included in the final version of Ordinance No. 178 which the City Council adopted on January 22, 1998. At the Council Meeting on October 25, 2005, the City Council appointed an ad hoc committee to study and make recommendations to the City Council with regard to fireworks in Grand Terrace. The Ad Hoc Fireworks Committee met three times (November 28, 2005, January 12, 2006 and January 23, 2006) and presented the following recommendations to the City Council at the Council Meeting on February 23, 2006: 1. Committee recommended the City continue to allow the sale of safe and sane fireworks. 2. Modify the sale period to July 1" - 4t', 9am — 9 pm (presently June 28, 12 noon — July 5,, 11:59pm) and modify the discharge dates July 1" — 4t', 9am — 1 1pm (presently June 28, 12 noon—July 5, 11:59 pm). 3. Increase fine for use of illegal fireworks to the maximum allowable to either $1,000 or $2,000 depending on the City Attorney's interpretation of the maximum allowable by law. 4. Enforcement as recommended by the .Sheriffs Department and the Fire Department: Sheriffs: during the sales period (currently 4 days) provide 1 Supervisor, 1 Detective, 2 Deputies, and 1 Evidence Technician; Fire Department: up the staff to 2 engines (8 personnel)on the 3`d considering the day of the week the 4`,falls on. 5. Maintain the current ordinance that allows only youth sports groups to participate in the sale and continue to limit it to one location. 6. Create a no discharge area in Honey Hills and the bluff area north of Grand Terrace Rd. between Mt. Vernon and Barton Rd. 7. Open parks on the evening of the 4`h of July if fireworks are banned in the above described areas. i 8. Committee to meet after 4`h of July to evaluate statistics on number of calls for service and make any new recommendations to Council if appropriate. 9. Inform residents in all possible media outlets of the new rules and fines. 10. Posters of current notices and fines located at the sales booth. 11. Create an internal tip line for the 4t' of July to direct law enforcement and fire to fireworks related calls. 12. Surcharge of 3%on fireworks sales for partial reimbursement for extra law enforcement. 13. Accept TNT's offer to pay for one day of law enforcement's cost and purchase an ad in the newspaper promoting new rules and fines. 14. Copies of the rules and fines to be handed out at the fireworks stand. 15. Create and man a fireworks booth at GT Days to promote fireworks safety. The City Council approved the Committee's recommendations, with the exception of 6 and 7. During the first and second reading of the amended fireworks ordinance, April 13, 2006 and April 27, 2006 respectively, the Grand Terrace'Little League and the Grand Terrace Community Soccer Club asked the City Council to reconsider shortening the sale period for safe and sane fireworks as it would reduce the income produced. The City Council continued the ordinance to the Council Meeting on May 11, 2006 and directed staff to seek a recommendation from the Ad Hoc Fireworks Committee. The Committee met on May 2, 2006 and recommended the sales date and discharge date be changed to the following: Sales Dates: June 28`h—July 4`h 12 noon—9:00 pm Discharge Dates: June 28`h—July 4ch 12 noon— 11:00 pm This recommendation was presented to the City Council at the Council Meeting on May 11, 2006 which served as the first reading and public hearing of the ordinance with the sales dates and discharge dates amended as noted above. Ordinance No. 224 was adopted by the City Council on May 25, 2006. The Ad Hoc Fireworks Committee met on August 9, 2006 and September 27, 2006 following through with-its recommendation 8 made to the City Council on October 25, 2005 for the Committee to meet after the 4t' of July to evaluate fireworks statistics and make additional recommendations as needed. The Committee published a questionnaire on fireworks in the July issue of the Blue Mountain Outlook and received 22 responses. The Committee was advised that two fires were reported on July 4`h, seven citations were issued, two felony arrests were made and overall calls reporting fireworks were down from the previous years. The Committee decided to recommend keeping safe and sane fireworks legal in Grand Terrace and to continue with education, enforcement and fines previously recommended to the City Council. This information was presented to the City Council at the Council Meeting on December 14, 2006. The City Council accepted the Committee's report and scheduled the item for consideration at the Council Meeting on January 23, 2007. At this meeting, the City Council was presented with two possible courses of action: 1. Council accept the final committee recommendation to keep safe and sane fireworks legal in Grand Terrace and to continue,the education, enforcement and fine. 2. Council reject the committee's recommendation and ban the use of safe and sane fireworks in Grand Terrace. This action will require staff to bring forth, on a future agenda,'Ordinance No. 224 for rescission. The City Council accepted the Fireworks Ad Hoc Committee's recommendations on January 23, 2007. At the Council Meeting on April 14, 2009, the City Council directed staff to meet with representatives of the Grand Terrace Little League and the Grand Terrace Community Soccer Club to discuss the City's lighting and field use fee structure. City Council discussion also included delaying the lease agreement with TNT Fireworks until the Council Meeting of April 3 28, 2009. Staff met with the presidents of both sports groups on April 20, 2009. It was staff s understanding from the meeting that the sports groups agreed the July 4`h fireworks sale for 2009, at 22293 Barton Road, would be the last fireworks fundraising event in exchange for the City eliminating the $5 per child field use fee and providing a lighting fee credit. This information was included in the staff report for the April 28, 2009 Council Meeting to approve the property lease agreement with American Promotional Events, Inc., d.b.a. Freedom Fireworks/Red Devil Fireworks/TNT Fireworks. The City Council approved staff s recommendation, pending the approval of the Board for the Grand Terrace Little League and the Board for the Grand Terrace Community Soccer Club, as follows: 1. Approve the property lease agreement with American Promotional Events, Inc., d.b.a. Freedom Fireworks/Red Devil Fireworks/TNT Fireworks for the year 2009. 2. Direct staff to prepare an ordinance to ban fireworks after July 4, 2009 in the City of Grand Terrace and bring it back to the City Council at the May 26, 2009 Council Meeting. 3. Direct staff to reduce any revenue from both leagues for field use and average lights use in preparation of the Fiscal Year 2009/10 budget. On June 2, 2009, the president of both sports groups advised staff that their respective Boards had rejected the City's offer to not sell fireworks after July 5, 2009 in return for field use and lighting use fee reductions. In addition, the sports groups wanted to proceed with the sale of fireworks on the City's property at 22293 Barton Road. In a staff report to the City Council for the Council Meeting on June 23, 2009, this information was presented along with the following staff recommendations: 1. Allow the Grand Terrace Little League and Grand Terrace Community Soccer Club to sell fireworks this year on the City owned property. 2. Execute the property lease agreement for the 2009 fireworks season. 3. Give both the Grand Terrace Little League and the Grand Terrace Community Soccer Club a deadline of October 1, 2009 to provide the City in writing their position on selling fireworks for 2010 and beyond in lieu of the City eliminating filed use fees and lighting fees (average of the past three years). 4. Schedule an item for the October 13, 2009 Council Meeting to discuss the banning of fireworks in the City of Grand Terrace. The City Council accepted these staff recommendations. The October 1, 2009 deadline passed with neither the Grand Terrace Little League nor the Grand Terrace Community Soccer Club providing the requested written response. At the Council Meeting on December 8, 2009, the City Attorney presented a staff report for the City Council to adopt an ordinance prohibiting the sale and discharge of fireworks in Grand Terrace. The City Council did not take action on the proposed ordinance and provided direction to staff which is detailed in the first paragraph of this staff report. Staff met with representatives of both sports groups in December and has not been successful in reaching an agreement which will be discussed further below. n DISCUSSION: The decision as to whether the City of Grand Terrace should or should not continue to allow the sale and discharge of safe and sane fireworks is a policy issue with valid reasons both for and against fireworks. There is no question that the sale of safe and sane fireworks, as a fundraiser for the Grand Terrace Little League and the Grand Terrace Community Soccer Club and the sole reason the fireworks ordinance was first enacted, has been successful. In recent years, each sports group has received $7,000 to $7,500 through the fireworks sales plus an additional $2,000 each from TNT Fireworks in lieu of the $4,000 previously paid for the property lease agreement when the fireworks stand was on private property. It appears that the decision for the City to receive only $1 in rent and so the sports groups could receive the $4,000 from TNT may have been made at the staff level. Nonetheless, each sports group is receiving a total of nearly $9,500 from fireworks sales and therefore rejected the City's offer to waive fees which would be a savings for each of$3,000 to $5,000 depending on the number of children enrolled each year. While being a successful fundraiser, there is a risk of fire in allowing safe and sane fireworks to be discharged within Grand Terrace. How great this risk is can be debated by both sides and was given serious consideration by the ad hoc fireworks committee prior to it recommending the City continue to allow the sale of safe and sane fireworks. The City Council recently requested information from the Fire Department on fireworks related.incidents in Grand Terrace which is presented in an interoffice memo from Battalion Chief John Salvate dated January 18, 2010 that is included as Attachment A. The weekly law enforcement summary for the period of June 29, 2009 through July 5, 2009 is included as Attachment B. The street addresses on this report have been redacted for privacy purposes. The two fireworks arrests listed in the report were on Michigan and DeBerry. It also needs to be noted that TNT Fireworks has offered to increase its public education effort in Grand Terrace at no cost to the City as detailed in a letter from Rick Poe dated January 8, 2010 and included as Attachment C. As the City Council was first advised at the Council Meeting on January 23, 2007, there are two possible options to consider with regard to fireworks. The first is to continue to allow the sale and discharge of safe and sane fireworks and the second is to ban all fireworks in Grand Terrace. A third option, which the sports groups have mentioned at various meetings with staff and which was also mentioned during the ad hoc fireworks committee meetings, is to allow the residents of Grand Terrace to vote on whether or not the sale and discharge of safe and sane fireworks should be allowed. While not wanting to further complicate an already multifaceted issue, staff could research this option further if directed to do so by the City Council. In the meantime, the Grand Terrace Little League and Grand Terrace Community Soccer Club do desire to continue to sell safe and sane fireworks and will likely be coming forward soon with a request to lease the City's property at 22293 Barton Road. If Council desires to take action on the Fireworks Ordinance it is included as Attachment D. FISCAL IMPACT: In 2009, the City received $510 in sales tax from the sale of safe and sane fireworks. The City also received the 3% surcharge on the fireworks sales plus a direct payment from TNT Fireworks, totaling nearly $4,500, used to offset a portion of the cost of additional law enforcement during the Fourth of July. If safe and sane fireworks are banned the City will likely need to continue this enhanced level of law enforcement since neighboring cities sell safe and 5 sane fireworks. Waiving field use and lighting use fees, from the City proposal rejected by both sports groups, would represent approximately $7,500, depending on how many children are enrolled. If the City were to provide a larger subsidy to the sports groups to offset the full loss of revenue from the sale of fireworks, the total cost to the General Fund could be in excess of $24,000 when the loss of sales tax and payment for enhanced law enforcement are included. Respectfully submitted, Betsy 9. Ad s City Manager Manager Approval: Betsy M dams City Manager ATTACHMENTS: - Attachment A—Interoffice Memo from Battalion Chief John Salvate dated January 18, 2010. Attachment B—Weekly Law Enforcement Summary for 06/29/09—07/05/09 Attachment C—Letter from Rick Poe of TNT Fireworks dated January 8, 2010 Attachment D -Fireworks Ordinance E Attachment A i INTEROFFICE MEMO DATE: January 18, 2010 PHONE: (909) 829-4441 SAN Bfi0.NA0.DIN0 FROM: John Salvate MAIL CODE: Battalion Chief TO: Betsy Adams City Manager SUBJECT: FIREWORKS ORDINANCE - COUNCIL INFORMATION REQUEST At a recent city council meeting, staff was requested to provide historical information regarding fire and fireworks related incidents in the City of Grand Terrace. Specifically the request was for data over the past ten years. , I have conducted research of San Bernardino County Fire Department incidents from the year 2000 through 2009 inclusive. Due to the amount of manual research necessary I restricted the research to a 31-day period'; from June 15 to July 15 of each year. Results are as follows; i Vegetation/Brush Fire 18 Structure Fire—Residential 6 Structure Fire—Commercial 2 Dumpster/Refuse Fire 4 Vehicle Fire 3 -� Improvement/Misc Fire 1 Investigation 21 Due to changes in the records management system and the methodology and type of data collection, some information including causative factors were not retrievable for some of the incidents. Due to that fact,I have listed below the incidents that specifically indicate a relation to fireworks, suspected fireworks, or incendiary activity. Fireworks have not been ruled out in the remainder of the incidents, but were not specifically identified in the reports and data reviewed. Vegetation Fire 7 Investigations 10(Including one that involved injuries to an 8 year old male) Three of the fires were of size greater than one acre. Two of those were significant incidents that required mutual aid resources in addition those from County Fire. First was the"Palm"incident on June 16,2003 which consumed over 30 acres of vegetation and threatened structures in the Palm and Honeyhill areas on the northern aspect of Blue Mountain as-well as communications facilities on the mountain. This greater alarm fire brought mutual aid resources from nearly every city in the east and west valley areas of our county. Second and most recent was"Pico'incident on July 6,2006,which started with fireworks use near the top end of Pico and threatened structures in the City of Grand Terrace as well as in the Reche Canyon area by the time it was contained the next day after burning over 450 acres. The fire was jointly managed by San Bernardino County, Cal Fire(Riverside County)and Colton. Aid resources on this incident were tremendous and included aircraft and over 450 ground personnel. CADocuments and Settings%adams\Local Settings\Temporary Intemet Fi1es\0LK31\GT Fireworks.doc l of 3 Fortunately the costs share agreement on the latter incident and the state wide mutual aid agreement in place in our state,prevented significant fiscal impact to the local fire department for the aid resources. While these agreements were helpful in that respect,there remain significant impacts to every agency involved including ours with respect to additional staffing costs,backfilling positions committed to these incidents,and the logistical and support costs as well. Ancillary to these are impacts to the city law enforcement,public works, emergency management and other staff that commonly fill support and other functional roles at these incidents. These impacts and associated indirect fiscal costs are not typically identified,however they are indeed part of our fiscal budgets. Obviously if incidents like these are mitigated, it would be possible to decrease the fiscal impact and use those resources otherwise. I was unable to gather specific fiscal data for the incidents listed above,but major incidents with.personnel t numbers such as those on the"Pico' incident and with heavy resource commitment of aircraft and other specialized resources typically can reach daily costs in the millions of dollars. (Annual budget for the Grand Terrace fire station is less than one million dollars). Listed below are the current hourly and/or daily rates for some of our typical apparatus and personnel. Hourly Daily Type I Fire Engine $392.05 Type III(Brush)Engine 321.78 Water Tender 193.46, Battalion Chief 118.84 Dozer 185.10 $3269.30 Command Trailer 1600.00 Additional Information Currently seven cities allow sales and use of"Safe& Sane"fireworks in San Bernardino County. Adelanto, Chino,Colton, Fontana, San Bernardino and of course Grand Terrace. They are prohibited in all other cities and the unincorporated areas of the County. Only five cities in Riverside County allow their sales and use. In 2007 there were 9800 documented fireworks injuries treated in the U.S. In 2006 there were 32,600 fireworks related fires. 62%of the fires were vegetation and are typically the costliest. The recent Foxborough fire in Fontana/Rancho Cucamonga was firework caused. 92%of fireworks injuries nationwide are caused by consumer fireworks. 22%of fireworks related fires occur on the 4`h of July with another 30%occurring during the period Safe& Sane fireworks are available for sale. Frequently, Safe& Sane fireworks are modified by the consumer and are then more in the way of a"dangerous firework"or improvised explosive device. Please let me know if fire department staff can be of further assistance regarding this issue. Respectfully submitted, John Salvate CADocuments and Settings\badams\Local Settings\Temporary Intemet Files\OLK31\GT Fireworks.doc 9 Attachment B 1C CITY OF GRAND TERRACE WEEKLY LAW ENFORCEMENT SUMMARY 06/29/09--07/05/09 CRIMINAL ACTIVITY DAY DATE . LOCATION :ar: .,_ - N h...<.•_ ..:., ::, t . .. _ v, PC594 Vandalism Tues 6 30 2009 _ 1653 i b Unknown suspect broke victims window at his residence. PC594 Vandalism Wed 7 1 2009 1208 Unknown suspect pried open main door to mailboxes. VC 10851 Grand Theft Auto Fri 7 3 2009 0850 Unknown suspect stole victims vehicle from driveway. PC530.5 Identity Theft Fri 7 3 2009 1044 Unknown suspect used victims SS#and ID to file taxes. PC487 Grand Theft Sat 7 4 2009 1515 2 WMJ stole victims blackberry/phone from counter and ran off. PC459 Burglary Sun 7 5 2009 1356 Unknown suspect broke into victims residence and stole ring. TRAFFIC ACCIDENTS DAY _.DAT$•:" . :.. .Tim-LOCATION :'t: 1 182 Non In'TC Tues 6 30 2009 1225 ARRESTS D . PAM .,-.". Timms LOCATION' Warrant Arrest Tues 6 30 2009 1336 1 arrested and booked. PC647F Drunk in Public Wed 7 1 2009 0042 1 arrested and booked. VC23152 DUI Wed 7 1 2009 2313 1 arrested and booked. VC23152 DUI Thurs 7 2 2009 2336 1 arrested and booked. PC602 Land Trespass Fri 7 3 2009 2120 2 cited and released at location. Warrant Arrest Fri 7 3 2009 2319 1 arrested and booked. Fireworks Sat 7 4 2009 2158 1 cited and released at location. Fireworks Sat 7 4 2009 2236 1 cited and released at location. PC 166.4 Viol Crt Ord Sun 7 5 2009 0031 1 longed formed to DA office. PC273.5 Fell Spouse Abuse Sun 7/5 2009 0724 1 arrested and booked. MISC. INCIDENTS PA DAT T LOCATIO �i -�; O - .,. Missing Person Fri 7 3 2009 1236 18 year.old female got into fight with RP,now is missing. RAJ Fri 7 3 2009 2323 17 year old left note to parents can't live by their rules,so leaving home. CITES 5 :a. . � a.X'I January 8, 2010 Ms. Betsy Adams City Manager 22795 Barton Road Grand Terrance, CA 92313-5295 Dear Ms.Adams: Mr. Kelly and I would like to thank both you and Mayor Maryetta Ferre for taking the time from your respective schedules to meet with us regarding the present situation'regarding fireworks in the city. We hope that our open dialogue was as beneficial to you as it was for us. Consistent with our previous actions and statements, including this latest meeting, our position here at TNT is certainly clear. We desire to continue our 11 year relationship with the City of Grand Terrace,the community and both the Little League and Soccer organizations by selling state-approved fireworks. Further,TNT Fireworks, and other authorities, do not believe that banning legal fireworks improves safety. Only education and enforcement achieve a safer, more responsible environment during July 41n Pursuant to this goal,TNT Fireworks respectfully requests that the City of Grand Terrace revisit the findings and recommendations of the city's Ad Hoc Fireworks Committee as a resource to resolve the present fireworks matter. As you are aware,TNT Fireworks participated in an Ad Hoc Fireworks Committee when founded in 2006. Tasked by the City Council of Grand Terrace, this committee, embodied with City staff, Fire Department, industry,the non-profit organizations and some residents, developed a comprehensive plan subsequently approved by the City Council. We would hope that regardless of an individual's stance on fireworks,they would agree that the implementation of the Ad Hoc Fireworks Committee's revised regulations were successful. Several major components of the Ad Hoc Fireworks Committee's plan were items offered by TNT. Should the city continue to sell fireworks in Grand Terrace,then they can rely on TNT Fireworks to maintain these commitments which include the following; • Reimburse the City for one day's cost of the Augmented July 4th Enforcement Team, • Produce and fund a full page ad in a local paper detailing the new regulations, see attached ad, • Provide at no charge,State Fire Marshal approved Safety and Education Materials for circulation to residents at the fireworks stand and other frequented public places in Grand Terrace. AMERICAN PROMOTIONAL EVENTS, INC. 555 N.GILBERT STREET• FULLERTON, CA 92833 PHONE(714) 738-1002 • FAX(714)738-3661 13 Page Two Grand Terrace Fireworks: While these programs have proven successful in Grand Terrace since 2007,TNT is willing to bolster our participation pursuant to the Ad Hoc Fireworks Committee's goal of education and enforcement with the following additional items should the sale of state-approved fireworks continues in Grand Terrace; • Provide, at no charge,the replication and circulation of the full page new regulations ad in the form of flyers, posters and other signage distributed a the fireworks stand an select places, • Provide, at no charge,State-Approved Fireworks Safety Public Service Announcements over city cable TV channels, • Produce and maintain, at no charge,a dedicated Grand Terrace Fireworks Safety and Education Webpage linked to the City's website during the July 4th season. We at TNT appreciate the opportunity to present these ideas for your consideration. Again,TNT Fireworks remains diligent in its commitment and contribution to providing a safe and quality fireworks experience in Grand Terrace. Certainly,we are open to discussing any other options the city, or even residents, may offer to keep the time honored tradition of celebrating our independence with fireworks safe and enjoyable in Grand Terrace. Sincerely, TNT FIREWORK� !YkPoe Vice President i 1 A NdZ � of VId1_ A� nr o7 iA_ `dls l o Hl 0 elf, sluouapedoC] oai� pug s��i�o .a�� q woa j juouaooao juo liunuaua :» 7 wou I s�laonoai� Ieolll IIIa ! , ; situ - s�jonnoa i_� I bol l i jo osn . f � O G Y 01 I0d Iu9W93JOJu3 ..$) " MaAq 111 w -NJ uoPe9 0ZZZ le puel Oilr .1"oao�1111 I��.�I . � , a pl - wd G G 01 uooN `V Aprof 2Z ounp :soieo osn )�/eo j7AInr ol 9Z ounr e. oil.'- sues �R ales PiMO -ales' " -yen'-. �s /'� �� ..+/' t T• Alnp siul lagwawgj of saln�] •sauo panoadde-a;ejs qj!m Alajes ajeagalao of aouapisaa sji bulmolle aj! gm `SN�jo I�i�IIA jvgAA �I jo asn auj gano of . suoiwlnEaa mau pa;oeuo seu e3eaaal pueaE) �o Aji3 aq1 A Attachment D 14 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 8.112 OF THE GRAND TERRACE MUNICIPAL CODE REGULATING THE SALE AND DISCHARGE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Existing Chapter 8.112 of the Grand Terrace Municipal Code is hereby repealed in its entirety and Chapter 8.112 of the Grand Terrace Municipal Code shall provide as follows: 8.112.010 Prohibition on sale of fireworks. It shall be unlawful for any person to offer for sale or sell at retail any fireworks of any kind within the City. 8.112.020 Prohibition on discharge. It shall be-unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition or projection thereof within the City of Grand Terrace. 8.112.030 Fireworks shall be defined. Fireworks shall be defined as set forth in -Section 9.108 of the Uniform Fire Code and shall specifically include safe and sane fireworks, as defined by Section- 12529 of the Health and Safety Code of the State of California. Section 2. Effective Date. This Ordinance shall be in full force and effect at 12:01 a.m., on the 3 1"day following its adoption. Section 3. posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purposes by the City Council. Section 4. first read at the regular meeting of the City Council of the City of Grand Terrace held on the day of , 2010 and finally adopted and ordered posted at a regular meeting of said City Council on the day of , 2010. Mayor of the City of Grand Terrace Attest: City Clerk of the City of Grand Terrace 17