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03/23/2010
0 GRAMDTERR CE ,Malrch,23,20A 22795.Barton Road Grand Terrace - California 92313-5295 C1V1CCen21 CITY OF GRAND TERRACE (909)824 66 Fax(969)783-7629 Fax(909)783-2606 CRA/CITY COUNCIL Maryetta Ferr6 _Mayor REGULAR MEETINGS Lee Ann Garcia 2� AND 4TI3 Tuesday - 6:00' p.m. Mayor Pro Tern ` Bea Cortes Jim Miller Wait Stanckiewitz Council Members Betsy M.Adams City Manager Council Chambers Grand Terrace,Civic-Center 22795 Barton Road r Grand'Terrace, CA 923115295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS March 23,2010 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- r - STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 03-09-2010 Minutes Approve 2. Review of CRA Investment Policy Approve 3. Senior Project Final Change Orders Appropriate ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Proclamation-Child Abuse Prevention Month-April 2010 B. Chamber of Commerce Business of the Month 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 I may request removal of an item from the Consent Calendar for idiscussion. i A. Approve Check Register Dated 03-23-2010 Approve I COUNCIL AGENDA 03-23-2010 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION B. Waive Full Reading of Ordinances on Agenda C. Approval of 02-16-2010 and 03/09/2010 Minutes Approve D. Review of City Investment Policy Approve E. Resolution - Public Highway Overpass Crossing Agreement Adopt Barton Road Bridge Overpass-Union Pacific Railroad F. Resolution-Irrevocable Offer and Acceptance of Dedication at Adopt 22195 McClarren Street,Grand Terrace,CA G. Historical&Cultural Activities Committee Meeting Minutes of Accept 02/01/2010 H. Community Emergency Response Team (C.E.R.T.) Meeting Accept Minutes of 12/01/2009,01/05/2010 and 02/02/2010 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions I 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-None 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS A. Animal Control and Shelter Services-City of San Bernardino Approve/Appropriate B. Consider Options to Fill the Vacancy on City Council 9. CLOSED SESSION A. Labor Negotiations (GC 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented Employees B. Conference with Legal Counsel - Potential Litigation - GC54956.9(b)(2)and GC54956.9(c) ADJOURN i THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,APRIL 13,2010,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 -MARCH 9,2010 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 March 9, 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. Joe Palamino, Sheriff's Department ABSENT: John Salvate, San Bernardino County Fire Department CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. APPROVAL OF 02-23-2010 MINUTES CRA-2010-14 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER CORTES, CARRIED 5-0, to approve the February 23, -2010 Community Redevelopment Agency Minutes. RESOLUTION APPROVING AND TRANSMITTING ITS REPORT TO THE CITY COUNCIL FOR AMENDMENT NO.6 TO THE REDEVELOPMENT PLAN FOR THE GRAND TERRACE COMMUNITY REDEVELOPMENT PROJECT AND CONSENTING TO A JOINT PUBLIC HEARING Patricia Farley, 12513 Michigan Street, stated that her family purchased their home almost 60 years ago. An incredible amount of damage has been done to this City since it became a City and this Redevelopment Agency was started. Her mothers property at her expense has been maintained for 60 years better than any park that has been developed in this City. The problems on Michigan,while it would be nice to have curbs and things,the biggest problems on Michigan were created by the City'-s negligence. The Street is destroyed by trucks and an illegal business being allowed on Michigan. With her extensive knowledge and research CRA AGENDA ITEM NO. I Community Redevelopment Agency Minutes March 9,2010 Page 2 she can prove that the City is wrong and the City continues to ignore her. Michigan has sidewalks on one side. The City's reasons for dealing with Michigan is because of the negligent decision that the Council made with regards to the High School without having the infrastructure and money to make it not trash the City. Instead of putting through Commerce, the City wants to trash the rest of the residential area on Michigan. She stated that the City does not have the right to trash that street anymore. The trucks, the broken stuff on the pavement is the City's responsibility because the street has been misused. The money your asking for is incredible,things have been mismanaged and not followed the law all the way along and caused blight all up and down Barton Road and all over the place. Eminent domain has been threatened and caused blight. The kitchen at the Senior Center is having to be done over because it wasn't done right and it is having to be paid for by the City. She is totally opposed to the continuation of the Redevelopment Amendment. Sylvia Robles, 23008 Orangewood Court, she stated that when the meeting is started everyone pledges allegiance to the flag. We have a great discourse in this Country about where were headed, we are in a great recession. Yet she finds that we have an Agency that was created a number of years ago to address blight and it was extended to become a commercial developer, a private venture that should be left to capital people. Something is wrong when we have this fiscal year$301,000.00 dollars going to our City from the property taxes 2.5 million going to the Redevelopment Agency. We see all of the great projects that the Agency has done but it doesn't talk about the 25 million that would be spent 17 million that would be interest. That is about 67% of what you put out there that would be interest costs. That takes away from police protection and from libraries. We do not operate a library, the County does. The County has never had enough money to purchase books. If you spend this money on a big building where are the books going to come from. She is not saying that all of this is bad but it needs to be revisited. People say that the State of California is broke, teachers are being laid off, this is all the same pot of money. There is a lot of anger when they say they are going to do a SODA tax. You are a legislative body; we need to enter into a dialog, maybe extend some of this time frame and talk to the State about what was talked about during the last recession. Everything is mudied between how the fiscal relationship between State,local government and schools should be. Little Grand Terrace could probably take the lead in that and she would strongly say that we need to revisit that. She feels that this is something that we can do. There is something wrong when the RDA has all the money and we lose through that the ability to vote for new taxes and every time they do a bond that is taxation without representation and it is costing a lot of money and it affects us from the State to local level. Charles Hornsby, 22656 Brentwood Street, he is thinking that after the news that has come out in the last month that is it time to face the fact that we need to sever our relationship as a CRA City and return autonomy to the citizens and to a great degree the City Council of Grand Terrace. CRA has been an enabler for us to live way beyond our means. It should be clear to everyone what many people in this town have suspected for some time, that Community Redevelopment Agency Minutes March 9,2010 Page 3 Redevelopment Agencies exist to a great degree for their own benefit and the benefit of those who run them. If someone were to say,my intentions all along were to borrow monies from the CRA and never pay it back and when the Agency expired the debt would expire at the same time. That person would be guilty of theft,in his opinion. California was once known as the golden state now we don't even qualify as the aluminum foil state because of public service like that. For some time redevelopment has owned this time. Sever ties as a CRA City and return the rule to the people as opposed to the dollar. On a closing note,why was the last meeting two weeks ago not televised? He feels that people deserve an explanation. CRA-2010-15 MOTION BY AGENCY MEMBER CORTES,SECOND BY CHAIRMAN FERRE, CARRIED 4-0-0-1 (AGENCY MEMBER MILLER ABSTAINED),to approve and transmit its Report to the City Council and consent to a joint public hearing with the City Council on Amendment No.6 to the Redevelopment Plan for the Grand Terrace Community Redevelopment Project. Chairman Ferre adjourned the Community Redevelopment Agency Meeting at 6:40 p.m.,until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, March 23, 2010 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace tit. d � AGENDA REPORT iALIfORt''11 MEETING DATE: March 23, 2010 Council Item( 'CRA Item (X ) TITLE: Review of CRA Investment Policy PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: Section 53646 of the Government Code requires that agencies present their investment policy annually to the governing body for review. DISCUSSION: Last year the Agency Board approved amending,the investment policy under section 7.0 which added a requirement that all selected broker dealers be approved by the Agency Board or the City Council. This provided an additional review to insure that only appropriate broker dealers are being used. No changes are recommended for this year. FISCAL IMPACT: None by this action. Respectfully submitted, Bernie Simon Finance Director Manager Approval: Betsy . Adam City Manager ATTACHMENTS: CRA of Grand Terrace Investment Policy CRA AGENDA.ITEM NO., COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY 1. 0 POLICY It is the policy of the CRA of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the CPA and conforming to all statutes governing the investment of CRA funds . 2 . 0 SCOPE This investment policy applies to all financial assets of the CRA. These funds are audited annually and accounted for in the Comprehensive Annual Report . Funds include the Capital Project Fund, Debt Service Fund and Low-Moderate Income Housing Fund. 3 . 0 PRUDENCE Investments shall be made with judgment and care, under Circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility and/or liability for an individual security' s credit risk or market price changes . 4 . 0 OBJECTIVE The primary objectives, in order of priority, of the investment activities shall be : 1 . SAFETY: Safety of principal is the foremost objective of the investment program. Investments of the CRA shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio . l COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY 2 . LIQUIDITY: The investment portfolio will remain sufficiently liquid to enable the CRA to meet all operating requirements which might be reasonably anticipated. 3 . YIELD: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio . 5 . 0 DELEGATION OF AUTHORITY Authority to manage the investment of surplus funds is derived from California Government Code Section 53600 , et seq. , and this policy. Management of bond funds is controlled by Government Code 5922 (d) and such investments must conform to the requirements of the bond indenture . In some cases, it may be appropriate for investment of bond proceeds to cover a longer duration than those limits established for surplus (operating) funds . Management responsibility for the investment program is hereby delegated to the Treasurer, who shall establish procedures and operate the investment program consistent with this investment policy. Procedures may include, but not limited to, references to : safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate . Treasurer may delegate authority to subordinates for day to day investment transactions . No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer. 6 . 0 ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions . 2 COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY 7 . 0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Agency will prohibit the utilization of outside investment advisors . The Treasurer may select any financial institution/ broker/dealer, selected by credit worthiness, who are authorized to provide investment services in the State of California . No public deposit shall be made except in a qualified public depository as established by state laws . For broker/dealers of government securities and other investments, the Treasurer shall select only broker/dealers who are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the National Association of Securities Dealers . Selected broker dealers shall be approved by the Agency Board. 8 . 0 AUTHORIZED INVESTMENTS: The CRA of Grand Terrace is empowered by statute and authorized by Agency Board to invest in the following: A. U.S. TREASURY OBLIGATIONS (TREASURY BILLS, TREASURY NOTES) . B. REPURCHASE AGREEMENTS. C. CERTIFICATES OF DEPOSIT WITH STATE BANKS, NATIONAL BANKS, STATE OR FEDERAL SAVINGS ASSOCIATIONS, STATE AND FEDERAL CREDIT UNIONS IN CALIFORNIA, that are fully insured by federal or State deposit insurance . The Treasurer may waive collateralization in lieu of deposit insurance . D. NEGOTIABLE CERTIFICATES OF DEPOSIT, COLLATERALIZED WITH U.S. TREASURY OBLIGATIONS HAVING A MARKET VALUE OF 110%. The Treasurer may, at his discretion, waive security for that portion of a deposit that already is covered by federal or State deposit insurance . COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY E. PASSBOOK SAVINGS ACCOUNTS PLACED WITH FEDERAL OR STATE BANKS OR CREDIT UNIONS, that are fully insured by federal or State deposit insurance . The Treasurer may waive collateralization in lieu of deposit insurance . F. SECURITIES ISSUED BY FEDERAL AGENCIES. G. LOCAL AGENCY INVESTMENT FUND (LAIF) , Special fund of the State Treasury in which local agencies are allowed to pool their funds for investment purposes up to a maximum of $40 Million. LAIF will have its own investment policy that will differ from the CRA. H. MUTUAL FUNDS, issued by diversified management companies ; as defined by Section 23701m of the Revenue and Taxation Code, provided that the portfolio of such investment company or investment trust is limited to U. S . government obligations or agencies of the federal . government and repurchase agreements fully collateralized by such securities . I . POOLS AND OTHER INVESTMENT STRUCTURES INCORPORATING INVESTMENTS PERMITTED IN CALIFORNIA GOVERNMENT CODE SECTIONS 53601 AND 53635, such as local government investment pools sponsored by counties and joint powers authorities . These entities may have their own investment policy that will differ from that of the CRA of the City of Grand Terrace . 9 . 0 COLLATERALIZATION: All certificates of deposit must be collateralized by U. S . Treasury obligations held by a third party. The Treasurer may waive this requirement up to the amount already insured by federal or State deposit insurance . 10 . SAFEKEEPING AND CUSTODY: All securities purchased from broker/dealers shall be conducted on a delivery vs . payment (DVP) basis and 4 COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY shall be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts . This would not apply to any book-entry direct purchases from the U. S . Government . 11. DIVERSIFICATION: The CRA will diversify its investments by security type and institution. 12 . INVESTMENT POLICY ADOPTION: The Investment Policy shall be approved by Agency Board and adopted by resolution of the CRA. This policy has been reviewed and approved by the CRA Board on March xx, 2010 . 5 7 COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE INVESTMENT POLICY Adopted by Board 5/08/97 Amended 6/26/97 Amended 8/27/98 Adopted 9/10/98 Amended 1/25/00 Adopted 1/25/01 Adopted 2/14/02 Adopted 2/13/03 Amended 6/24/04 Adopted 6/9/05 Adopted 6/22/06 Adopted 6/12/07 Adopted 6/10/2008 Amended and approved 7/14/09 Reviewed 3/23/10 6 Y. ur y CALI'F�flNIA AGENDA REPORT MEETING DATE: March 23, 2010 Council Item( ) CRA Item ( X ) ITLE: Senior-Project Final Change Orders PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Appropriate $72,540 from the CRA Low to Moderate Income Housing available fund balance to the Senior Housing Project Account for the final-change orders for the Senior Center BACKGROUND: In partnership with the Corporation of Better Housing (CBH), the Agency has assisted in the development of the 120-unit Senior Housing and Senior Center Project. The total monetary investment to date from the Agency's Low to Moderate Income Housing Fund is $9,588,381. i `—' DISCUSSION: Additional construction upgrade costs have been incurred by CBH based on direction from prior staff, as the Senior Center neared completion. CBH has submitted the attached change orders #10 and #II for reimbursement. The work items include painting the existing carports, and upgrades to the Senior Center. The total cost of the final Senior Center improvements, listed on change order#10, is $80,370, and CBH has requested reimbursement of$60,000. Change order #11, for $12,450, is the cost to paint the carports. Previously, staff had directed CBH to not paint the carports pending installation of solar roof panels. The solar panels have not been installed due to the high cost, and the unfinished carports have now been painted. Staff has determined that the costs are eligible for reimbursement, and requests an additional Agency budget appropriation of$72,540. FISCAL IMPACT: The requested $72,540 is available in the Law to Moderate Income Housing available fund balance for transfer to the Senior Housing Project account. Approximately $600,000 would remain in the Housing Fund for new projects. CRA AGENDA ITEM NO.3 1 Respectfully submitted, J- ce owers Community and Economic Development Director Manager Approval: Betsy . Adams City Manager ATTACHMENT: Change orders#10 and#11 for the Senior Housing/Senior Center Project BLH Construction Co. Change Order# _ 10 15303 Ventura Blvd.Suite 1100 Ph. 818.905.2430 Sherman Oaks, CA 91403 Fx.818.905.2440 PROJECT: TO: 22645 Grand Terrace Rd LP 15303 Ventura Blvd.Suite 1100 Sherman Oaks,CA 91403 Item Description Net Amount Multi-level Soffits $ 30,21,0.00 Crown molding $ 12,540.00 Paint Crown molding $ 3,990.00 Wood Floor at Entry $ 8,550.60 Entry Window Casing and Paint $ 3,990.00 Exterior Pavers $ 21.090.00 Above items equal$80,370. Only requesting$60,000 to be $ (20,370.00) used for the construction of the east property wall Total: $ 60,000.00 The Original Contract Sum was $13,357,254.00 Net Change by Previously Authorized Requests and Changes $ 1,460,657.67 The Contract Sum Prior to This Change Order was $14,817,911.67 The Contract Sum Will be Increased 60 000.00 The New Contract Sum Including This Amendment $14,877,911.67 Accepted: 22645 Grand Terrace Rd LP BLH C tion By: B Y Date: Date: a b 0 10 9 ! i 1, i I ' i I , BLH Construction Co. Change Order# 11 15303 Ventura Blvd.Suite 1100 Ph.818.905.2430 Sherman Oaks,CA 91403 l x.818.905.2440 PROJECT: TO: 22645 Grand Terrace Rd LP 15303 Ventura Blvd.Suite 1100 Sherman Oaks,CA 91403 i i Item Description Not Amount dditional cast to paint carpoits $ 11,000.00 ! }' General Conditions $880_00.. Overhead __.$330.00 .................._ _.-. �' ---- ---— - "--- Cdntiactdrs Fee, $330.00 u Total: $ 12,640.00 �. The Orlglmd Contract Sum was � $13,357,254.00 , Net Change by Previously Authorized Requests and Changes 67 The Contract Sum Prior to This Change Order was $14 877 91 67 The Contract Sum Will be Increased.• 12 5 0 00 The New Contract Sum Including This Amendment $14,890,45 .87 n i. Accepted: 22645 Grand Terrace Rd LP B nstruc' j By. B . 4 Date: &/'V Date: 3�i�es I i t I .I J i ! I; I ' I i I� 1 +II CHILD ABUSE PREVENTION MONTH April 2010 WHEREAS,Apri12010 has,been proclaimed as Child Abuse Prevention Month by the state and federalgovernmentfor thepurpose ofpromoting communitYinvolvement inpreventing childabuse,and the State of California has proclaimed the first week of April as Safe Surrender awareness week; all children have the right to receive the care,protection andguidance afamilyprovides;they have the right to be free from harm and to have their physical, emotional and educational needs met;and WHEREAS,almost 27,000 children in the County of San Bernardino were referred in 2009 to the Children & Family Services for suspected child abuse and neglect; Children's Assessment Center staff, Children & Family Services Social Workers, Public Health Nurses, law enforcement off icers, educators,behavioral health clinicians and others in the field are dedicated,compassionate and skilled individuals working under the enormous pressure to protect children; the prevention of child abuse requires rigorous solutions,energy,strength,determination and commitment on the part of concerned citizens and the community;and WHEREAS, the Blue Ribbon is the international symbol for child abuse prevention; the Children's Network and Children's Fund in partnership with the Children & Family Services, Department of Public Health, First 5 San Bernardino, Community Action Partnership, County Superintendent of Schools, Sheriffs Department, Child Care Planning Council, Department of Behavioral Health, Preschool Services Department, County Library, Arrowhead Regional Medical Center,Children's Fund Assessment Center,Loma Linda University Children's Hospital,County Fire Department, have planned a Blue Ribbon Media Campaign,Educational Materials Distribution, and the 12'Annual("Shine A Light on Child Abuse")Awards Breakfast to increase awareness of child abuse during the month of April; NOW,THEREFORE,the City Council ofthe City of Grand Terrace,does hereby proclaimApril 2010 as CHILD ABUSE PREVENTIONMONTH in the City of Grand Terrace and encourage citizens to participate in the events and to join in the efforts to end child abuse. This 23d day of March,2010. Mayor Ferri Mayor Pro Tem Garcia Council Member Cortes Council Member Stanckiewitz COUNCIL AGENDA ITEM NO. I vchlist Voucher List Page: 1 03/17/2010 12:21:21 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65007 3/4/2010 006778 STAPLES 3132136974 Office Supplies 10-808-210-000-000 33.01 10-805-210-000-000 88.02 10-180-210-000-000 9.77 Total : 130.80 65008 3/8/2010 005670 PRESS ENTERPRISE 03032010 26 Wks Subscription 10-120-210-000-000 65.00 Total : 65.00 65009 3/9/2010 010258 GMAC PAYMENT PROCESSING CENTER Mar 024-9103-1:-LEASE GMAC TAHOE VIN#1GNFC130X7R24890Z 10-120-273-000-000 559.21 Total : 659.21 65010 3/9/2010 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 3-5-10 Contributions for PRend 3-5-10 10-022-62-00 18,861 14 Total : 18,861.14 65011 3/9/2010 010764 SAFEGUARD DENTAL &VISION 2992938 March Employee Dental and Berry COBRA 10-180-142-000-000 5.30 10-022-61-00 143.90 Total : 149.20 65012 3/17/2010 010218 CHEVRON &TEXACO CARD SERVICES 23818144 February Maint/Code Enf Vehicle Fuel 34-800-272-000-000 14142 10-180-272_-000-000 386.81 Total : 528.23 65018 3/17/2010 006720 SO CA.EDISON COMPANY Feb 2010 February Electricity Usage Page. 1 COUNCIL,AGENDA ITEM NO. Page: —�----2--==-- 03/17/2010 12:21:21PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65013 3/17/2010 006720 SO.CA.EDISON COMPANY (Continued) 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 10-440-238-000-000 627.94 10-190-238-000-000 2,164.56 10-450-238-000-000 561.21 16-510-238-000-000 5,866 70 34-400-238-000-000 95.31 10-175-238-000-000 34.66 10-172-238-000-000 4332 15-500-601-000-000 2341 10-805-238-000-000 71591 Total : 10,282.42 65014 3/17/2010 011112 SLP COMMUNICATIONS 031110 WOMEN OF DISTINCTION LUNCHEON 10-120-270-000-000 40.00 10-370-270-000-000 40.00 Total : 80.00 65015 3/23/2010 011113 AAA PORTABLE RESTROOM COMP INC ,BLUE MOUNTV PORTABLE POTTS RENTAL_ SERVICE 23-200-12-00 13500 Total : 135.00 65016 - 3/23/2010 011007 BLUE SHIELD OF CALIFORNIA April J04365575 April Berry COBRA Health Ins 10-180-142-000-000 836.55 Total : 836.55 65017 3/23/2010 001713 CA. DEPT OF TRANSPORTATION 187436 January 1-215 Ramp Energy & Maint 16-510-238-000-000 4708 Total : 47.08 65018 3/23/2010 001740 CDW GOVERNMENT INC RTN3549 BROTHER HL-3040 CN DIG COL 17 10-440-700-000-000 20390 RTT_4919 BROTHER HL-3040 CN DIG COL 17 10-440-700-000-000 21200 Total : 415.90 Page. 2 � 1 vchlist vuticher List Page: 3 03/17/2010 12:21:21PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65019 3/23/2010 001840 CITY OF COLTON 000978 ANIMAL CONTROL SERVICES 10-190-256-000-000 3,629.00 Total : 3,629.00 65020 3/23/2010 011029 COBRA SIMPLE 57 COBRA ADMIN FEE 2/1/10-2/28/10 10-190-220-000-000 50.00 61 MONTHLY COBRA ADMIN FEE 1/1/10-1/31/10 10-190-220-000-000 50.00 64 COBRA MONTHY ADMIN FEE 12/1/09-12/31/09 10-190-220-000-000 5000 Total : 160.00 65021 3/23/2010 010405 CORPORATION FOR BETTER HOUSING Final & Retentioi CREDIT TO CRA FOR EIR COST EXCEEDING 34-500-726-000-000 -10,061 13 Final and Retenl RELEASE OF RETENTION AND FINAL FUNDING 34-021-50-00 136,288.00 34-500-726-000-000 343,130 79 Total : 469,357.66 65022 3/23/2010 010147 CORTES, BEA March 2010 March Council/Agency Stipends/Mileage 32-200-120-000-000 150.00 10-110-120-000-000 77.06 10-110-273-000-000 200.00 Total : 427.06 65023 3/23/2010 001907 COSTCO#478 047809 005740 C. CARE SUPPLIES 10-440-220-000-000 105.21 Total : 105.21 65024 3/23/2010 001930 DAILY JOURNAL CORPORATION B1801053 ADVERTISING- PUBLIC HEARING NOTICE 10-370-230-000-000 176.00 Total : 176.00 65025 3/23/2010 001950 DATA QUICK 10002698 SERVICE FEB 10 10-380-250-000-000 43.50 34-800-220-000-000 43.50 21-572-246-000-000 43.50 Page: 3 = vchlisf - - - Voucher List _ = Page: 4: 03/17/2010 12:21:21 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65025 3/23/2010 001950 DATA QUICK (Continued) Total : 130.50 65026 3/23/2010 002082 DISCOUNT SCHOOL SUPPLIES D11954110101 PRESCHOOL SUPPLIES 10-440-228-000-000 59579 Total : 595.79 65027 3/23/2010 002187 DUNN-EDWARDS CORP 5130482 PAINT FOR VOLUNTEER PAINTING PROJECT 32-600-305-000-000 2,97540 5130654 Paint Roller Sets & Covers 32=600-305-000-000 17063 Total : 3,146.03 65028 3/23/2010 002450 FERRE', MARYETTA March 2010 March Council/Agency Stipends/Mileage 32-200-120-000-000 15000 10-110-120-000-000 25000 10-110-273-000-000 200.00 Total : 600.00 65029 3/23/2010 002710 FOX OCCUPATIONAL MEDICAL CT. 68679-25706 ILLNESS/INJURY AND NEW HIRE EXAMS 10-190-224-000-000 3500 Total : 35.00 65030 3/23/2010 011106 FRACO ENTERPRISES INC 300.2 BASEBALL FIELD PROJ DESIGN/ENGINEERING 32-600-312-000-000 14,982.25 Total : 14,982.25 65031 3/23/2010 011111 FRIENDS OF BLUE MOUNTAIN RECIEPT 0914S REIMB T-SHIRT PAYMENT TO FRIENDS BLUE M 10-700-01 1500 Total : 15.00 65032 3/23/2010 011012 G & G ENVIRONMENTAL COMPLIANCE GTSSMP0210 SEWER MGT-LINE MAINT. CONSULTING 21-573-255-000-000 1,48300 Total : 1,483.00 65033 3/23/2010 002795 GARCIA, LEE ANN March 2010 March Council/Agency Stipends/Mileage 32-200-120-000-000 15000 10-110-273-000-000 14606 Page 4 vchlist V%AAcher List Page: 5 03/17/2010 12:21:21PM CITY OF GRAND TERRACE Bank code : bofa 'Voucher Date Vendor Invoice • Description/Account Amount 65033 3/23/2010 002795 GARCIA, LEE ANN (Continued) Total : 296.06 65034 3/23/2010 002930 GRAINGER 9177366649 RELAY' 10-808-246-000-000 57.21 0177450252 ASSEMBLE STORAGE CABINET 10-808-702-000-000 201.51 Total : 258.72 65035 3/23/2010 010164 GREAT-WEST 031210 EMPLOYEE DEF COMP CONTRIBUTIONS 3-5-10 10-022-63-00 6,00091 Total : 6;000.91 65036 3/23/2010 003152 HARPER & BURNS LLPN FEB 2010 FEBRUARY LEGAL SERVICES 10-160-250-000-000 3,138.22 32-200-251-000-000 3,138.22 Total : 6,276.44 65037 3/23/2010 003171 HINDERLITER de LLAMAS &ASSOC 0016159-IN July-Sept'09 Sales Tax 10-140-250-000-000 487.50 32-370-250-'000-000 487.50 Total : 975.00 65038 3/23/2010 003850 JANI-KING OF CA., INC. LAX03100038 CHILD CARE CLEANING SERVICES 10-440-244-000-000 97500 Total : 975.00 65039 3/23/2010 0111,09 MARQUEZ, HENRY 02252010 Refund 2010 Inspection Fee 10-400-08 95.00 Total : 95.00 65040 3/23/2010 004632 METLIFE 895065373 M1 Life Ins Benefit-H. Graht' 10-110-142-000-000 701.98 Total : 701.98 65041 3/23/2010 010446 MILLER, JIM March 2010 March Council/Agency Stipends/Mileage 32-200-120-000-000 75.00 10-110-120-000-000 125.00 10-110-273-000-000 100.00 Page: 5 Page: -----6---_ 03/17/2010 12:21:21 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65041 3/23/2010 010446- MILLER, JIM (Continued) Total : 300.00 65042 3/23/2010 004670 MIRACLE MILE CAR WASH January VEHICLE MAINTENANCE 10-440-272-000-000 3500 Total : 35.00 65043 3/23/2010 010097 NEXTEL COMMUNICATIONS 410575025-090 NEXTEL JAN 1 TO FEB 20, 2010 - - - 10-180=240-000=000 447 55` 10-440-235-000-000 5082 Total : 498.37 65044 3/23/2010 005586 PETTY CASH 031510 CHILD CARE PETTY CASH REIMB 10-440-221-000-000 20.29 10-440-223-000-000 41.90 23-200-14-00 41.64 10-440-228-000-000 46.53 Total : 150.36 65045 3/23/2010 010099 QUIEL BROS SIGNS 32253 MESSAGE BOARD SIGN-CONSTRUCTION/INSTAL 32-600-309-000-000 62,55750 Total : 62,557.50 65046 3/23/2010 006310 ROADRUNNER SELF STORAGE INC 030210 REIM COMMERICAL IMPROVEMENT PROGRAM 32-600-304-000-000 6,510.83 Total : 6,510.83 65047 3/23/2010 006459 S.B. COUNTY CLERK OF THE BOARD 031010 ENVIRONMENTAL FILING FOR GP/REDEV AMEN[ 10-370-250-000-000 2,842.25 Total : 2,842.25 65048 3/23/2010 006531 S.B COUNTY SHERIFF 9756 LAW ENFORCEMENT SERVICES 10-410-255-000-000 4,224.77 10-410-256-000-000 128,464 33 14-411-256=000-000 23,783.90 Total : 156,473.00 65049 3/23/2010 006435 SAN BERNARDINO, CITY OF 4883 ANIMAL HOUSING 1/l/10-1/31/10 10-190-256-000-000 2,012.00 `� Page 6 vchlist voucher List '- Page: 7 03/17/2010 12:21:21PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65049 3/23/2010 006435 SAN BERNARDINO, CITY OF (Continued) Total : 2,012.00 65050 3/23/2010 006730 SO CA.GAS COMPANY Feb 2010 February. Natural Gas 10-190-238-000-000 72770 10-440-238-000-000 12656 10-805-238-000-000 18933 Feb CNG Feb. CNG Fuel 10-180-272-000-000 780 10-440-272-000-000 2.60 34-800-272-000-000 2.60 Total : 1,056.69 65051 3/23/2010 010974 STANCKIEWITZ, WALT March 2010 March Council/Agency Stipends/Mileage 32-200-120-000-000 150.00 10-110-120-000-000 25000 10-110-273-000-000 200.00 Total : 600.00 65052 3/23/2010 006778 STAPLES 7060564698 RENTAL OFFICE SUPPLIES 10-185-210-000-000 13389 Total : 133.89 65053 3/23/2010 006898 SYSCO FOOD SERVICES OF L.A. 002241321 CHILD CARE FOOD SUPPLIES 10-440-220-000-000 83913 0030314983 FOOD & SUPPLIES 10-440-220-000-000 53566 003090627-Mar FOOD SUPPLIES 10-440-220-000-000 196.28 0031118052 CR MEMO REF 002241321 10-440-220-000-000 -20 40 Total : 1,550.67 65054 3/23/2010 007102 T Y LIN INTERNATIONAL 1002145 CHG ORD#4 BARTON BRIDGE 47-100-250-001-000 5,57526 Total : 5,575.26 65055 3/23/2010 006980 TEXACO/SHELL Feb 80-002-09& Feb Maint Vehicle Fuel Page 7 ===-Page:---- 8�.---- 03/17/2010 12:21:21 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65055 3/23/2010 006980 TEXACO/SHELL (Continued) 10-180-272-000-000 61970 Total : 619.70 65056 3/23/2010 010934 THE SATELLITE_ WORKS INC. 3008190037 MONTHLY ACCESS FEES FEB 10-808-235-000-000 46.66 Total : 46.66 65057 3/23/2010 011110 TIME WARNER CABLE 8448...5001538,' Sr Ctr Internet 10-805-238-000-000 58.91 Feb 8448. .5001 Sr Ctr Internet 10-805-238-000-000 58.91 Mar8448400 ..7', March Sr. Ctr Internet/Cable TV 10-805-238-000-000 186.69 Total : 304.51 65058 3/23/2010 007034 TRANSPORTATION ENGINEERING 1015 January Traffic Engineering 10-175-255-000-000 1,36500 Total : 1,365.00 65059 3/23/2010 010605 URBAN FUTURES INCORPORATED_ 210180 PROFESSIONAL FEES 33-300-250-000-000 3,50000 Total : 3,600.00 65060 3/23/2010 007399 US BANK TRUST NAT'L ASSOC. 2573647 2004 Refunding TAB 7/09 -2/10 33-300-210-000-000 625.00 Total : 625.00 65061 3/23/2010 007920 WILLDAN 002-10068 PLAN CHECK SERVICES 10-172-250-000-000 1,66500 002-10069 PLAN CHECK SERVICES 10-175-255-000-000 1,155.00 46-200-274-000-000. 990.00 Total : 3,810.00 65062 3/23/2010 007984 YOSEMITE WATERS 18327-March Water, coolers &coffee service Page: 8 vchlist voucher List Page: 9 03/17/2010 12:21:21 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 65062 3/23/2010 007984 YOSEMITE WATERS (Continued) 34-400-238-000-000 11 48 10-805-238-000-000 15.47 10-190-238-000-000 188.24 10-440-238-000-000 108.37 Total : 323.56 56 Vouchers for bank code : bofa Bank total : 793,392.29 56 Vouchers in this report Total vouchers : 793,392.29 Page: 9 I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director 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 SALARIES/WAGES 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 1,43 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 1§0 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 670 WASTEWATER TREATMENT 808 EMERGENCY OPERATIONS PROG. 33-300 DEBT SERVICE 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT PENNO CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES JOINT WORKSHOP CITY COUNCIL & PLANNING COMMISSION FEBRUARY 16,2010 A joint workshop of the City Council and Planning Commission 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 February 16, 20-10, at 5:00 p.m. PRESENT: Maryetta Ferre, Mayor Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Doug Wilson, Chairman Matthew Addington, Vice-Chairman Darcy McNaboe, Commissioner Bob Bailes, Commissioner Brenda Mesa, City Clerk Betsy M. Adams, City Manager Joyce Powers, Community& Economic Development Director Richard Shields, Building& Safety Director Sandra Molina, Senior Planner 1 ABSENT: Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Tom Comstock, Commissioner Bernard Simon, Finance Director John Harper, City Attorney Sgt. Carlos Espinosa, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department CONVENE PUBLIC JOINT WORKSHOP Sandra Molina,Senior Planner,gave a presentation on the Update of the General Plan and the Draft Program EIR. Councilmember Stanckiewitz indicated that there has been some confusion with the map on page 2-8, Administrative Draft Dated 1/20/2010 and questioned if it should be pulled. Senior Planner Molina,responded that the purpose of the map is to depict current land uses. It's not really a planning document with regard to future land uses or land use designations or zoning. If it's problematic,removing it from the Draft General-Plan will not be a problem. COUNCIL AGENDA ITEM NO. Council Minutes 02/16/2010 Page 2 Planning Chairman Doug Wilson, questioned why the fire department decided to broaden out their high fire hazard zone. Senior Planner Molina,responded that it is base upon some mapping that has been done by Cal Fire. Building&Safety/Public Works Director Richard Shields,stated that the State Fire Marshall is the responsible person for adopting the maps. They have adopted all new maps throughout California and made it mandatory that each local jurisdiction adopt those maps which create high fire areas. Also they have incorporated a new chapter in the 2007 Building Code,which is wildfire areas and how to construct in those areas that we have to comply with. The City has done that. Planning Chairman Wilson, stated that his concern is there may be fire insurance changes that could be substantial for homeowners that are within that area. He understands new construction however, existing construction unless it is a re-vamp on an existing roof. Building&Safety/Public Works Director Shields,stated that he is unsure that insurance rates would go up. Senior Planner Molina, stated that the next step would be to address the ordinances with regard to fire safe construction. Commissionser Darcy McNaboe,questioned if any of the sites that they are proposing to be rezoned as 20 dwelling units per acre designation are owner occupied. Senior Planner Molina, responded that they are not. Commissioner McNaboe,questioned if the neighbors will get to discuss their desire to have that area rezoned. Senior Planner Molina, stated that when the public hearing process begins the property, owners will be notified as well as the surrounding area. Councilman Jim Miller, questioned how large the site is on canal. Senior Planner Molina, responded that it is 0.8 acres. Councilman Miller, questioned how many units can be placed on that property. Senior Planner Molina,responded that 23 units are being proposed. The minimum density per State Law is 20 units per acre then a State density bonus law comes into effect. If a Council Minutes 02/16/2010 Page 3 property owner is providing a certain percentage of the units affordable to low income or very low income they qualify for 35 percent density bonus. With the 20 units per acre and the density bonus they would qualify for 22 units and they are asking for 23 which the City has the ability to allow them to have. Councilman Miller, confirmed that the project was going to be three stories and questioned how the parking would be handled. Senior Planner Molina,confirmed that it would be three stories and that two parking spaces per unit would be provided. They are asking for some flexibility in the guest parking. Councilman Miller, questioned if there have been any preliminary plans done. Senior Planner Molina, responded that preliminary plans have been done and a workshop was held last week for that project. Councilman Miller, questioned if the site plan had any recreational facilities on it. Senior Planner Molina,responded in the affirmative. It provided for some open space that had a tot lot and a bbq and a community/recreation room. PUBLIC COMMENT Charles Hornsby, 22656 Brentwood Street, he doesn't feel that it makes a lot of sense to encourage public comment and then have the meetings at 5:00 p.m. On one hand you say that you want the public to participate but by having the meetings at 5:00 p.m. you pretty much negate 99%of your citizens.'He referred to a letter where there are 13 proposed land changes. 9 of the changes are changes from low density residential to public. He feels that public could mean a lot of things and feels that public needs to be clarified. He feels that some of the land changes are really dramatic and should be looked at closely and encourage all of them to go out and look at the properties. He feels that this is selective standards and parking is going to be an issue. Senior Planner Molina,stated that the notice that went out to property owners was intended to alert them that changes are being proposed, however, it did not go into specifics about what is happening. A lot of the areas that are in the low-density residential are easements or state water aqueducts areas. As is the intent with all notices,they are general to let people know that there is something going on and briefly what it is and they can contact staff. If the Council or Commission would like more detail on the notices staff can do that. She provided a copy of the land use map which was attached to the notice. Community and Economic Development Director Joyce Powers, stated that with regards to Council Minutes 02/16/2010 Page 4 r the Canal Village Project, she concurs with what Mr.Hornsby said about the parking. Staff would not advocate or recommend that a project be approved with less than two spaces pe'r unit. Senior Planner Molina, stated that staff is looking at the Canal site because of the Housing Element Mandate, HCD has looked at the Housing Element and they indicated that the Element can be certified that it is in compliance with State Law provided that these changes are made. The Canal area is one of the areas that was identified that can be re-zoned a minimum of 20 units per acre, which is the State Mandate. The General Plan update is not approving the development itself. The development is what is being proposed by a private developer and there is a separate process for that which will look at that site lay out,specific density,parking and set-backs. The public hearing process is the correct mechanism to look at that. What is being looked at with the General Plan is just the State Mandate to identify sites that can be at 20 units per acre. Patricia Farley, 12513 Michigan Avenue, stated that there are some residents for years that come before the Council and the Planning Commission discussing this General Plan. They have received pages that vary,from thing to another and their questions are not answered when they have proven beyond any doubt that the former plans that the City has had have been illegally processed and not followed and there has been violation of the law. She demanded that in this new plan the violations of their rights and property owners that have been done by illegal actions and maps illegal be corrected. She is tired of coming to the meetings and tired of seeing citizens having to do the research to prove what they know for sure is true. She feels that there has been very bad planning, when you want to put in high density things it is not ok to slap them in here and there affecting every area of Grand Terrace. She feels that it is very important for everyone in the City to know what they are doing not just a few people 300 feet from that particular spot. With proper planning and accurate General Plan information, there are major areas where high density can be placed without slapping in,right in the middle of single family housing on larger lots. She feels that she should have to come to the meetings every few months and argue with them about what they want to place next to her home. She stated that Michigan Avenue is suppose to be mainly residential and a high school has been approved without any prediction of when Commerce Way is going to be changed. She has a lot of comments that she will be adding but she wants it to be very clear that she feels her rights and the rights of other people have been severely damaged because of illegal approval by the Planning Commission. Janese Makshanoff, 21813 Vivienda, questioned number 13 on the Land Use Change. It states that it is being proposed to be changed from Industrial to Flood Plain Industrial. Her home is located in that area and stated that she has never been in the flood plain. She stated that when she was attending the workshops of the Planning Commission they comment that the agricultural overlay had been taken off without due process. The Planning Commission agreed and they said that it would be placed back on. Council Minutes 02/16/2010 Page 5 Senior Planner Molina, stated that the Flood Plain Industrial was extended further south to reflect the flood insurance rate maps which show that the flood plain is further south. With regard to the agricultural uses, on page 2-16, the flood plain industrial designation has language,that allows existing land uses to remain and to continue to have the agricultural overlay. It says that presently,parcels within this area are largely undeveloped or developed as rural residential uses. It is anticipated that build out of this area will occur over a long period of time. During this build out period existing residential uses shall be permitted and regulated under the requirements of the low'density residential land use designation, light agricultural uses shall be permitted, including the keeping of animals with the approval of an agricultural overlay zoning.designation. When the zoning map is updated it will also extend that designation to that area. It addresses the speakers comments with regard to the agricultural overlay issue. Janese Makshanoff, 21813 Vivienda. feels that it is lip service and feels that if it is not actually written down that they have an agricultural overlay, not that they can continue on as a grand fathered in. It affects everything. When the agricultural overlay was taken off, she lost her agricultural everything. Patricia Farley, 12513 Michigan Street, stated that she has talked to people that have not -- received notices regarding the General Plan and feels that there is not enough notification. Councilman Walt Stanckiewitz,referred to the sustainability portion of the General Plan and the California Resources Board Requirements and questioned if this is an area that we want to take a hard stance. Community and Economic Development Director Powers,responded that the City of Grand Terrace is participating in the SANBAG project to undertake the targeting of the areas and writing an implementation plan to reduce emissions. It will actually be on the next agenda for approval of participation. Councilman Stanckiewitz, questioned the group if they want to take.a hard line on these requirements or do we want to soften given the economy and what it is doing to the State. Senior Planner Molina,stated that the element is not intended to be over bearing. Staff wants to promote energy efficiency and green building. What they anticipate is that an Ordinance will be adopted that will give incentives to developers to use green energy techniques. Commissioner Matthew Addin ton, stated that a couple of times in the past during their meetings the 'issue of agricultural overlay has come up. He questioned if there is an exhibit of map that actually shows where that overlay is. Senior Planner Molina, responded in the affirmative. Council Minutes 02/16/2010 Page 6 Commissioner Addington, questioned if there is anything in the proposed general plan that would change the agricultural overlay. Senior Planner Molina,responded that it will remain in the same location on the zoning map. Janet Rich, 11701 Terrace Avenue, stated that she lives in the area that is being changed to the flood plain. She stated that it will affect her homeowners policy and will affect her if her house burns down and the City won't let her rebuild because it will be designated as flood plain. She has had this property since 1968 and has lived on it since 1974. She stated that she has attended all of the meetings expressing her concerns and they get nothing out of it. Senior Planner Molina,responded that with regards to the flood plain industrial,the City is responding to the flood insurance rate maps that the State updated. Insurance Companies will refer to those flood insurance rate maps when they consider the need for flood insurance. The City is not changing it, we are conforming to the State designations. This designation does provide for the agricultural overlay and is on the zoning map. Mayor Ferre adj oumed the Joint Workshop between the City Council and the Planning Commission to discuss the General Plan Update and the Draft Program EIR at 6:08 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace PENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING MARCH 9,2010, 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 March 9, 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. Joe.Palamino, San Bernardino County Sheriff's Department r ABSENT: John Salvate, San Bernardino County Fire Department CONVENE CITY COUNCIL MEETING The City Council meeting was opened with Invocation by Mayor Pro. Tern Lee Ann Garcia, followed by the Pledge of Allegiance*led by Councilman Walt Stanckiewitz. Councilmember Jim Miller requested to make a statement prior to item 1 on the Agenda. Councilmember Jim Miller,it is with a heavy heart that I bring you this message. As of March 10, 2010 I will have tendered my resignation as a Grand Terrace Council Member. Currently my Attorney is negotiating with the San Bernardino County District Attorney's Office to reach a successful disposition of that case and we are scheduled to make another court appearance on May 4,2010. I'm continuing to work for a just outcome in order to maintain my unblemished reputation. Both Margie and I have high standards and expectations of ourselves and we are extremely saddened by these events that have brought unfavorable attention to our community and to ourselves. Margie who owns the City News as her sole and separate property have provided a service at the request of City Staff. I have provided a copy of our prenuptial agreement to the City Attorney we have adhered to our prenuptial agreement for over 20 years therefore we honestly believed that I had no financial interest in Margie's newspaper. Trusting what I reasonably believed to be reliable advice and information I voted to approve several consent calendars that included payments to the newspaper for legal and other advertising. I now know that I should have been told to abstain from voting on I Council Minutes 03/09/2010 Page 2 those line items on the consent calendar. Had I been told by anyone that this might have been a potential conflict of interest I would have abstained. Certain legal notices are required by law to be published in a newspaper of general circulation for the City. There was no indication of any conflict of interest or wrong doing for more than two years before I was informed of a potential conflict of interest at which time I stopped voting on the item and Margie stopped doing business with the City' It should be noted that the City Staff required that pricing for all publications be at the same rate as all other newspapers in the area. It was apparent to me that the City Staff and Councilmembers knew that Margie owned the newspaper. Yet no one ever suggested that I had a conflict of interest or should abstain from voting on that item on the consent calendar. Some people have said that I should stay on Council but the law is the law and the conflict of interest laws are complicated and confusing. Its purpose is to protect the public from self dealing. Hopefully many of you know us well enough to realize that we would never attempt to enrich ourselves or hurt the community in any way. Unfortunately the responsibility of not fully understanding the conflict of interest laws falls squarely on my shoulders and I must deal with the consequences that it brings. It has been my pleasure to serve our community. We hope that you will understand as we begin the healing phase of this terrible event and you will continue to support as you have in the past. I can't say enough positive things about the legion of supporters that have written letters,signed petitions and attending each of the trial dates personally in support of me. Margie has said from the beginning she will pay the monies back to the City for running the legal ads,that is the type of honorable person she is and she has been given the green light by our attorney to do so without any further legal reprocutions being added. Finally,I hope before anything like this ever happens again that whoever brought this ugliness out would not do so for political gain but rather bring it to the attention of their fellow Councilmembers before the devastation of public humiliation falls upon them and upon the community. Thank you for entrusting me with the honor of being a councilman for Grand Terrace for the past five and a half years and I promise you that I will remain a watch dog for the Community I love. I want to thank all those who have supported us. Any time that you have good friends and good friends are those that support you no matter what's going on. They will be there at your darkest hour and we have had many. Both Margie and I know who they are, we have seen them come' forward. They have been there both at the court and at our home and I love everyone of you that have helped us in every way that you can. We will continue this fight and we will remember everyone and we thank you so much for what you have done and the support that you have given us. Finally I want to thank my wife who has been a rock. It has been very difficult because there is so much collateral damage that comes with this. When I made the mistake of not abstaining or recusing myself I didn't know what was going to be brought upon her at that time and she has been beside me all this time and in the future and I know that we will come out of this,we always do,we have been fighters all our life and I hate that we are not fighting harder but just know that we are there and we will always remember everyone of you. Thank you again for letting me be a councilman and serve' you all. Thank you. Mayor Maryetta Ferre, stated that she is sorry that it has come to this. Manor Pro Tem Lee Ann Garcia, stated that she is shocked and is at a loss for words. She has Council Minutes 03/09/2010 Page 3 enjoyed working with Mr. Miller and will greatly miss him. She prays for the best for Jim and Margie and their family. Councilmember Bea Cortes,expressed her surprise at this statement. She stated that he has done a tremendous job for the City and that he has been a good Councilmember. She expressed her respect for him. Councilmember Walt Stanckiewitz,stated that he was hoping that he would never have to read this. This evening has been extremely sad and full of anguish for me. I'm watching a fellow City Councilmember being forced to resign to the underground politics in this City. I am very disappointed in my contemporaries tonight. You share responsibility for this tragedy. When citizens of this community asked you to show your support for Jim you three thumbed your noses at them and refused to take a stand publicly for one of your own in passing a non binding resolution to support Jim. Shame on all of you. I hope I am never in a situation that I might need your help or support. Some of you share the same risk and you should be very careful in future with your actions and votes on items and resolutions. Conflict of Interest Laws have been around for a long time and our residents have now had a first hand personal lesson on these laws, they will be watching all of you, all of us. Our political system also has a mechanism for remedying ill advised actions on our part,they are called elections. Mr.Harper,our City Attorney,your hands are soiled in this case also. _ One of your responsibilities to this City and the Council is to advise and protect us from possible wrong doings, questionable actions and perceived improprieties. We are not full time politicians with personal staffs to advise us. In the future I would suggest that you do your homework on these types of issues before you render an opinion. Know what each Councilmember is all about, there are only five of us. We will all be better off if you do. Lastly to District Attorney Ramos,I ask that you and your organization, your public integrity unit, vow, commit, promise to apply the law consistently to every politician and not fulfill political favors for friends and or supporters of your political future. The voters of Grand Terrace have been awakened through these events and they will be watching you to see if you apply these conflict of interest laws consistently. You and your staff have a lot of work to do in restoring the confidence of our residents in your organization. Lastly to Jim and Margie, I am so sorry that this has happened. Ma, or MgUetta Ferre,knows that this has been very hard for you and your family for your wife and for the City. I want to thank you personally for all the contributions you have made to this City Council. You and I have had a good working relationship and I am going to miss that relationship on the Council. You have done an excellent job. I wish you and your family only the best from this point on. I am sorry that it has come to this. ITEMS TO ADD/DELETE -None SPECIAL PRESENTATIONS A. Proclamation- Boys Scouts of America 100"Anniversary Council Minutes 03/09/2010 Page 4 Mayor Pro Tern Lee Ann Garcia read a Proclamation recognizing the impact of the Boys Scouts of America and the importance of its 100 years of service to the citizens of Grand Terrace and the communities across America. CONSENT CALENDAR' CC-2010-21 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the following Consent Calendar Items: 3A. Approve Check Register Dated 03-09-2010 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 02-23-2010 Minutes 3D. City Annual Financial Statement- FY 2008-09 3E. Fiscal Year 2009-10 Quarterly Financial Update -December 31, 2009 3F.. Fiscal Year 2009-10 Grand Terrace CERT Grant Funds 3G. FY 2008 Homeland Security Grant Program Funds PUBLIC COMMENT Laura Austin, 12356 Michigan,Jim we are going to miss you. Grand Terrace,this is a very very sad night. We're losing one of the best Councilmembers we have ever had and why? You made a big mistake Jim,you shouldn't have relied on the City Attorney and Steve Berry and you should have known that you were going to be stabbed in the back by another Councilmember who has her own agenda. We all in the City know who that person is and that person has done more than Jim's little mistake that he didn't do deliberately. That persons mistake was not a mistake it was done on purpose. This Council should ask for that persons resignation. That person should not be on the City Council. Until DA Ramos grows his back bone and does something about the complaints that have gone into his office,that Councilperson who says she loves this City should think more of the City and resign and do it immediately. Francine Sandoval,22950 De Berry, one of the heaviest things that we can carry in life is a guilty conscious. It's the thing that we have to go to sleep with at night and the thing that we have to wake up with every morning. It comes as a result of compromise,compromising the things that are right that we know to do are right internally and because of political gain, money or power prestige or any of these things it comes and deteriorates the fabric of our families,our cities,our society our Country. I am glad for you Jim that you get to walk into the future of light not heavy, not with a heavy guilty conscious because you've stood and done what's right. I want you to know how much that is appreciated and that that legacy is what is important. It is what is building our cities, our families and our countries and even though the injustices seem to be the things that are externally rewarded,I want you to know that what's really impacting the next generation, people like me that want to see the right Council Minutes 03/09/2010 Page 5 things done are people like you who even with their own personal loss refuse to act without integrity. I want you to know how much I appreciate you standing in the leadership of our City and putting yourself in that place and I hope other people will take an example from you and the kind of leadership that we as the next generation are looking for. We are not looking for crookedness and for people that are looking for their own personal gain. We are looking for people that are going to stand for what is right and do what is right for our families, for our children and for our Country. Thank you Jim. Debra Hurst,22950 Orangewood Court,I have known Jim Miller for over 20 years. I believe him to be a honorable person and full of integrity. Jim Miller is a fine man with a perfect record who upon the advice of the City Attorney voted to pay bills to City News on a check register consent calendar. He never voted to send business to Margie's paper. There is no contract. Jim Miller does not seek to earn a living by sitting on committees and voting for things that do not benefit the people who elected him. This is not true of some other councilpersons. The citizens of Grand Terrace know what really happened and that is why we demanded the termination of Steve Berry and we the citizens will deal with Bea Cortes at the next election. Jim Miller has been punished for serving his community. He and his wife Margie are good people and do not deserve the devastation that this has caused to their lives. It will be hard to get good people like Jim Miller to run for offices if this is what they can expect just because you don't agree with a fellow Councilmember. Bea Cortes has been overheard making the statement that she will make sure that Jim Miller will have to step down from the Council. This is the Miller's integrity and I know that they will continue to fight for their integrity till the end. It is a shame that they have to spend their time, money and energy on this. For the first time since I moved to Grand Terrace, 25 years ago, I `m ashamed to say that I am from this City. Margie Miller,22996 Palm Avenue,tonight for the first time ever you put your needs in front of the community. You have served this community well. I am so very very proud of you in everything that you have ever done in your whole life. I love you with all my heart. I think,with all due respect to the other council and past council people here in the audience, that you are the best councilman this community has ever had and I thank you. Terrilee Robb, 12168 Mt. Vernon Avenue #28, 1 use to feel good about living in Grand Terrace. The community was cohesive, it's leading citizens were respected. Once one felt there was transparency about its activities and openness. No one had anything to hide because no one was doing anything to be ashamed of. Those days are gone. Like many others, I now feel nothing but disdain for our city leaders. This City and its Council have lately watched the destruction of a man, Jim Miller, and his family and for what reason? Petty, malicious motives, enabled by a corrupt and vicious system have allowed ludicrous charges to be made against a man whose integrity you have all seen during his years of participation in the betterment of his community. The charges are bogus in my opinion and this City Council is tainted by its inaction in the face of this ongoing prosecution. I can not Council Minutes 03/09/2010 Page 6 adequately express my dismay. Before this tragic fiasco I naively believed that at least my local elected officials would not turn their backs on injustice. I expected honor. I expected outrage. Your silence in this case destroys your credibility as trustworthly public figures and respectable private citizens. The charges are bogus in my opinion and this City Council is tainted by its inaction in the face of this ongoing persecution. It aligns you with the petty; malicious and corrupt, if you're silent you are on the other side. I look to you to redeem yourselves in the eyes of your electorate by climbing off the political fence and declaring publicly your support for one who emanately deserves it. I ask you to take a stand. Gene Carlstrom, 12034 La Crosse, former Councilman, I have agonized over this for quite some time, lost a lot of sleep thinking about what has happened. For Jim Miller's sake, I would hope that the Council would not accept his resignation, I don't believe that he deserves that. Around 1997,a member of the Lion's Club resigned,the letter was read in the board meeting and the board elected not to accept the resignation and this gentleman went on to be the president of the club in the year 2000. I think we better take a look at this. Bernardo Sandoval, 22950 DeBerry, in 1978 a group of men stood and saw a piece of land that could be a City. Courageous individuals in the face of adversity, circumstances; situations, they fought and established the City of Grand Terrace. Men that fought against overwhelming odds and circumstances. Jim your courageousness has deeply touched me and it has affected me because in the landscape of politics there are very few who stand for what is right and just. Very few who act on behalf of what is right for the people in an environment where we see laws that are made and created and moved by campaign donors in a County that does not respect the rule of law. And in a County where the District Attorney uses the rule of law to intimidate individuals and create campaign slogans because he is up in a tough election in June and destroys good men and then proclaims he is protecting the people of Grand Terrace from corruption. Jim you have stood for what is right and I can not tell you or put into words how much I appreciate and respect you. Bea Cortes I want to understand if you were the one that reported to the District Attorney this conflict of interest along with Steve Berry. That is what I have read, it is what I understand. I want to know if it is true. I am asking to know. I believe that the people of Grand Terrace have the right to know if it was you or if it was not you. If it was not you I will be the first to apologize to you. If it was you that is criminal because the appearance is not to protect Grand Terrace, it appears from the outside that the intent was to marginalize an individual who was opposed to promoting Steve Berry for the permanent City Manager position. I believe that we deserve to know what is true and what is not. Walt thank you also for your courage in this. I didn't know you,Jim,prior to all of this madness. When I saw you at the court hearing,I thought finally there is an individual that cares more about what is right than some type of political angle or being on the right side of a vote because leadership and-, courageousness is not being on the right side of the vote Maryetta it's being on the side of what is right and had this Council passed a non binding resolution in support of Jim Miller,; do you have an understanding of what it would have done for Jim's case. Council Minutes 03/09/2010 Page 7 Anne C.Wade Hornsby,22656 Brentwood Street,as someone has mentioned several weeks ago when this Council met on very important matters,there was no t.v. where other people could see what was going on here. I think reality t.v. doesn't get better than this. We have every possible component, matters of illegal deals that have been made, monetary mismanagement, classless behavior. Council is here to represent their constituency. I have attended Riverside City Council Meetings for 30 years when I lived there and we went through a lot but at least I never had the feeling that the Council was ignoring people that were genuinely interested in what was happening to their city. We have the same people,in all honesty, come to meeting after meeting, that genuinely want this City to be successful. We want correct decisions made whether it be the redevelopment agency or the senior center. We will come up and give our opinions but we need to feel that they are at least listened to. The truck situation is an illegal thing that never should have happened and it's your court to make those decisions for us. We can present you with our opinions but you are the people that have to support them. I always had the feeling that Jim Miller supported that. The thing is it's as if we are talking to someone who isn't listening and the City Council will be representing us after the next election. Doing the right thing is the most important thing. Jim always did that for us. Raina Boal, 12632 Mirado Avenue, tonight I speak in support of Jim Miller and his wife Margie. Over the past several years I have had the pleasure to know Jim and Margie and to have known them as the pillar couple of community service in our City and provide countless hours of service to our community and involvement within. Be of support of many organizations not only within our city but in our nearby neighboring cities. You have supported our local youth,basketball,baseball,and soccer teams by sponsoring them. Over the years I have seen t-shirts proudly listing you as a sponsor as well as plaques proudly bearing your name as supporters. Also you have been helping support the cookie sales with girl scouts just recently with my daughters and their troop. In the recent past you helped to charter the cub scout pack 242 and supported them in numerous events like their car washes. You both have helped to support other organizations out of the goodness of your hearts.You have been supporters and members of the Lions,Kiawanis, Margie you have been involved in the Woman's Club, the Citizen's Volunteer Patrol, the local C.E.R.T. team. You both have also helped the JDR. During the time that you helped also on the Council,you helped during the time that the Crest Apartments caught on fire. You helped collect money and resources for the fire victims. While Kyle Bacon was battling cancer you unselfishly raised money to help pay for the surgeries and help support his family. For Christmas you have aided the Woman's Club in collecting toys and food for children and families who could not afford. While discussing a name for a local high school you were right along side us citizens to support the naming of the high school and at the school board meeting holding signs and at the rallies. Every year at Grand Terrace Day, you and Margie print a paper, a paper that publishes for free a list of the local businesses that get involved and the sponsors for the event and you showcase our grand day. In addition your paper has seen and has been seen Council Minutes 03/09/2010 Page 8 as a community resource that weekly prints for free of charge obituaries, upcoming community events,lost and found pets,public comments and many many more items. While supporting our community you Jim have managed to have a real job as a real property manager for San Bernardino County and you go above and beyond. Thank you Jim for your service. Donna Zinchuck, 12632 Mirado Avenue, City Council I have been here since 1968. I went to Terrace View Junior High and I went to Colton High School and graduated from there and I still wear my class ring. I am so proud of this city, I have seen it grow. For those of you who have not been here for 40 years plus, GTI,remember that market,that was our market. We became a city,the City Council has made this into a City that we should all be proud of Jim, I did not know the mess you were in when I met you. I met you and Margie and had a great time, you are down to earth people. I would have never known that there was any problem. Looking at the City Council,I would say that you are here for our City but are you here for each other,are you here for each individual person of Grand Terrace or are you here only to see how you can gain more money? How you can spend more money? How you can misappropriate? Jim, yes I am in support of you, I don't know how you have voted on things. So I'm not going sit here and say yeah Jim you've done everything great. Because I don't know,I don't know any of you but I can tell you that you were elected to do right by this city and if you can't do that get out. Don't be forced out. Lindsey Stanckiewitz, 11806 Arliss Way,I'm disappointed and I'm sad but I'm not here to point fingers at anyone on the Council for wrong doing because people have already done that. I'm here to.tell Jim that no matter what you've decided or where this goes that you will have my support. I want to thank you for a great job that you have done. Although I haven't lived here for very long,the two years that I have you have been really good. Dad thank you for saying what many people have wanted to say for a very long time. Paul Chabot, 12223 Highland Avenue, #106-228 Rancho Cucamonga, introduced himself to the residents and Council. He announced that he is a conservative Republican running for State Assembly in the 63rd, which is a open Assembly Seat. He will be in the community; introducing himself. Patricia Farley, 12513 Michigan, I want to first call attention that I read a very important statement that I wrote and it was printed in the City News but since you didn't put the meeting over the air I hope everybody reads what I wrote about past conflict of interest in this City that I read here at the last Council Meeting. I also want to tell you that when I got involved in trying to find out what was going on because there were red flags all over. I specifically called Mr. Harper and I begged for somebody to please guide our Council and address these conflict of interests and the improper processing in blatant violation of the law of things that the Council was doing. You've really let me down Mr.Harper. I'm sorry,you treated me light I wanted you to represent me and our City has been seriously damaged with Council Minutes 03/09/2010 Page 9 your services. You would have to be idiot to be on this Council,you have destroyed his life, you've cost him thousands of dollars. Do you know that the law says when you do that to a innocent person the City Council,the City is obligated to pay the legal fees. The damages for Jim Miller,I am angry that you have wasted our money but boy do you owe him money. You need to make him whole. This is not justice. Mr. Ramos, District Attorney, his integrity unit, I sent documents that should have really opened his eyes and instead he ignored them. His unit does not have anything to do with integrity and everybody in this City needs to remember at election time what that District Attorney's office has done to this city. This is unjust to us because we have three members of this Council that have long time members that have controlled this city and controlled our Council and we don't want you assigning someone for Jim Miller's seat we want proper representation and were not getting it. How dare you ask us for millions of dollars more. I have met one person in this City that I go to to find out the accurate-documents and the accurate information and the integrity and it's not anyone managing this City and that is a disgrace. You should be embarrassed. I want to thank Mr. Stanckiewitz, you have the one business in this City that I know people come to from outside of this City. Thelma Winkler Beach, 12570 Mt.Vernon Avenue,words can't express what I feel for Jim and Margie Miller. If we're losing Jim Miller,our best councilperson,because of his actions based on the advice he received from our City Attorney, then we need a new Attorney. I would suggest that the new Council and the Manger take this suggestion seriously and begin a search for an attorney made knowledgeable of the real law and one who doesn't consider himself or herself above the law and indispensable. I'd like to share a letter that I wrote to Mr. Ramos: The measure of a man is in his ability to admit you made a mistake. I urge you, Mr. Ramos,to add your stature and admit that you made a mistake when you filed charges of conflict of interest by Jim Miller. If Jim was the only person serving on the Grand Terrace Council I wouldn't be writing this letter. But the fact is there were five sitting on the dias that night and if Jim Miller is guilty then all five of the Council should be charge with the violation. They all knew Jim's wife was the owner of the Grand Terrace News and any one of the five could have requested that the issue be pulled from the calendar to be discussed. No one did. Mr.Ramos,you aren't the guardian of justice,you have perverted your position, you need to resign. Of course he did not answer that. I am here to say we're losing a good man and one of our best Councilmembers. Tony Petta, 11875 Eton Drive,Mayor Ferre I want to join you in thanking Jim Miller for his contribution to the City Council. I followed Councilmembers from day one and we have had great councils all the way down the line. This is no exception. I have known Jim better as a Lion. I worked with you shoulder to shoulder in the Lions Club. I know you as a humanitarian as so I want to commend you for that. You are a tremendous individual and you always take the side of the under dog and that is what made you an outstanding Councilmember. Council Minutes 03/09/2010 Page 10 Maria Fraser,7252 Taege Ranch Road,obviously I don't live in the City any longer but I'm an active community member and I also have a business here. I've become active in the community because of Jim and Margie who I think are pillars to this community. I'm really sorry Jim, that it has come to this. I hope that they don't accept your resignation. I'd like to see you continue on. Walt I give you kuddos for saying things that the rest of us have been thinking but don't have the guts to say. I wish you luck Jim,I will support you. I think that you and Margie are great pillars to this community and an example and inspiration to the rest of us. Jewlie Moyers, 22805 Kentfield Street, Jim I know that this was hard for you tonight. One of the things that I can't understand is why Ramos had it in the deal that you had to step down, which leads me to believe that someone wants your position or there is some other kind of retaliation going on. Walt,I loved what you had to say. I don't understand why you three didn't support him and sign a simple petition. He is a good man and he and his family did not deserve to go through this. I think anyone that knows the Millers they know that they are good people and they know their standards are high. Walt, one of the things I do want to ask you is what was said by Bea Cortes on your anniversary about her relationship with Ramos? There was a relationship with Ramos and then I see the things in the paper about conflict of interest and Bea Cortes. Jim should have never had to go through this. I don't wish it on anyone but turn about is fair play. We're going to miss you Jim and I wish they wouldn't accept your resignation. City ManagerBetsy M.Adams,we have a contract employee who televises the programming of the Council Meetings. Last week he was unable to attend and did not advise Staff that he would not be able to fulfill that responsibility prior to the start of the Council Meeting. At that point in time we did not have City Employees fully trained to operated the equipment, we have since made arrangements and are starting to train city employees so that we have a backup if the contract person is not able to fulfill the requirement of filming a meeting in the future. COUNCIL REPORTS Mayor Pro Tern Garcia,stated that Jim did not share with her,however,it would appear that Councilman Stanckiewitz probably had an inkling that this was coming. I have spoke with Jim personally and he never shared this information with her and she was caught off guard.' She respects the decision that he makes. She requested that the Director of Building and Safety/Public Works Richard Shields talk about the power outages that are scheduled by Southern California Edison on March 15,2010 so that the residents can be prepared for that. Building and Safety/Public Works Director Richard Shields, responded that Edison is planning on installing numerous remote control type devices on telephone poles and also in the street vaults. These devices will help isolate outages so that it doesn't take two or three' Council Minutes 03/09/2010 Page 11 hours to find out where the problem is. It's a real benefit for the City. It is suppose to only take about three minutes to isolate a problem. The power should only be off for about five minutes if they have to take the power down. Mayor Pro Tern Garcia,requested that any information be placed on the website so that the residents are aware. Tuesday March 16,2010 the Colton Joint Unified School District will be the guest speaker at the Chamber of Commerce Monthly luncheon. She thanked Stephen Wall for doing a nice article on the Route 25. On Tuesday March 16,2010 at noon there will be a transit meeting for seniors to identify the needs for public transportation and at 1:30 they will be discussing Route 25 at the Senior Center. Market Night will be back on May 3,2010. The Art Show will be held on May 2, 2010. Councilmember Bea Cortes,questioned if the members of Omnitrans will be able to vote on whether the route through Grand Terrace will be eliminated. Mayor Pro Tern Garcia,responded that she is in conversation with the CEO,Milo Victoria, and they are having conversations with RTA. Eventually she believes that they will, however,they are still trying to determine where they are. It is.important for residents to call and let them know that we want to keep the route. ( Councilmember Cortes,reported that the City received a check from MHET(Manufacturing Housing Educational Trust)which is one of the organizations that she attends meetings that will go to the community gardens at the Senior Center. Councilmember Jim Miller, thanked everyone that came and spoke in support of him. Councilmember Walt Stanckiewitz, also thanked everyone for their comments and support for Jim Miller. Grand Terrace High School has a mascot, they are going to be called the Titans and their colors will be turquoise and black. Both of which were chosen by the 7`h and 8`h graders. PUBLIC HEARINGS-None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Resolution Accepting the City of Grand Terrace Community Redevelopment Agency's Report to City Council for Amendment No. 6 to the Redevelopment Plan for the Grand Terrace Community Redevelopment Project and Consenting to a Joint Public Hearing Council Minutes 03/09/2010 Page 12 Patricia Farley, 12513 Michigan,pointed out to everyone that this Amendment is the same thing that was used to take care of blighted properties for which people working in this City that shouldn't have qualified got homes. Including our former City Manager. This money has not been used properly, it has been misused for years and it also takes away all of the requirements of the General Plan. She feels that it gives the Council too much power and the citizens none. Your meetings on these items are at times when citizens can't come. Nothing is,discussed,maps aren't proven. They have proved and researched and the Council does not respect them enough to show documents that prove otherwise. All of the General Plan and a lot of other plans in this City are based on this type of false information that has been given out. Properties have been trashed and business development has been interfered with. She wants people to use common sense. Actual business development has been interfered with by playing favorites and wasting money. She feels that the money has been wasted to undermine our City and other businesses. This can not go on and we need to put a stop to; it. She urged the people of Grand Terrace to look at the documents,get out and vote against the people that have been mismanaging the City for years and the District Attorney office. CC-2010-22 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED), to approve a Resolution Accepting the City of Grand Terrace Community Redevelopment Agency's Report to City Council for Amendment No. 6 to the -} Redevelopment Plan for the Grand Terrace Community Redevelopment Project and Consenting to a Joint Public Hearing. CLOSED SESSION 9A. Closed Session - Labor Negotiations (GC 54957.6) Conference with Labor Negotiator- Betsy M. Adams Representing Unrepresented Employees 9B. Conference with Legal Counsel - Existing Litigation CG 54956.9 (a) - Michael Grove dba California Exteriors v. City of Grand Terrace (Case#809432) Mayor Ferre announced that the Council met in Closed Session to discuss Labor Negotiations(GC' 54957.6) Conference with Labor Negotiator - Betsy M. Adams Representing Unrepresented, Employees and a Conference with Legal Counsel - Existing Litigation CG 54956.9 (a) - Michael Grove dba California Exteriors v.City of Grand Terrace(Case#809432)and there was no reportable, action taken. Mayor Ferre adjourned the meeting at 8:05 p.m., until the next City Council Meeting which is- scheduled to be held on Tuesday, March 23, 2010 at 6:00 p.m. Council Minutes 03/09/2010 Page 13 CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace r AGENDA REPORT CALI'FORNIA MEETING DATE: March 23, 2010 Council Item(X) CRA Item ( ) TITLE: Review of City Investment Policy PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: Section 53646 of the Government Code requires that agencies present their investment policy annually to the governing body for review. DISCUSSION: Last year Council approved amending the investment policy,under section 7.0 which added a requirement that all selected broker dealers be approved by the agency board or the City Council. This provided an additional review to insure that only appropriate broker dealers are being'used. No changes are recommended for this year. FISCAL IWACT: None by this action. Respectfully submitted, Bernie Simon Finance Director Manager Approval: Betsy Adams City Manager ATTACHMENTS: City of Grand Terrace Investment Policy COUNCIL AGENDA ITEM NO. 1' CITY OF GRAND TERRACE INVESTMENT POLICY CITY OF GRAND TERRACE INVESTMENT POLICY 1 . 0 POLICY It is the policy of the CITY of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the CITY and conforming to all statutes governing the investment of CITY funds . I ` 2 . 0 SCOPE This investment policy applies to all financial assets of the CITY. These funds are audited annually and accounted for in the Comprehensive Annual Report . Funds include the Capital Project Fund, Debt Service Fund and Low-Moderate Income Housing Fund. 3 . 0 PRUDENCE Investments shall be made with judgment and care, under Circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility and/or liability for an individual security' s credit risk or market price changes . 4 . 0 OBJECTIVE The primary objectives, in order of priority, of the investment activities shall be : 1 . SAFETY: Safety of principal is the foremost objective of the investment program. Investments of the CITY shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio . To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio . 1 CITY OF GRAND TERRACE INVESTMENT POLICY 2 . LIQUIDITY: The investment portfolio will remain sufficiently liquid to enable the CITY to meet all operating requirements which might be reasonably anticipated. 3 . YIELD: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio . 5 . 0 DELEGATION OF AUTHORITY Authority to manage the investment of surplus funds is derived from California Government Code Section 53600 , et seq. , and this policy. Management of bond funds is controlled by Government Code 5922 (d) and such investments must conform to the requirements of the bond indenture . In some cases, it may be appropriate for investment of bond proceeds to cover a longer duration than those limits established for surplus (operating) funds . Management responsibility for the investment program is hereby delegated to the Treasurer, who shall establish procedures and operate the investment program consistent with this investment policy. Procedures may include, but not limited to, references to : safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate . Treasurer may delegate authority to subordinates for day to day investment transactions . No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer. 6 . 0 ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business that could conflict with the proper execution of the investment program, or which could impair their ability to make impartial investment decisions . CITY OF GRAND TERRACE INVESTMENT POLICY 7 . 0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Agency will prohibit the utilization of outside investment advisors . The Treasurer may select any financial institution/ broker/dealer, selected by credit worthiness, who are authorized to provide investment services in the State of California. No public deposit shall be made except in a qualified public depository as established by state laws . For broker/dealers of government securities and other investments, the Treasurer shall select only broker/dealers who are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the National Association of Securities Dealers . Selected broker dealers shall be approved by the City Council . 8 . 0 AUTHORIZED INVESTMENTS: The CITY of Grand Terrace is empowered by statute and authorized by Agency Board to invest in the following : A. U.S. TREASURY OBLIGATIONS (TREASURY BILLS, TREASURY NOTES) . B. REPURCHASE AGREEMENTS. C. CERTIFICATES OF DEPOSIT WITH STATE BANKS, NATIONAL BANKS, STATE OR FEDERAL SAVINGS ASSOCIATIONS, STATE AND FEDERAL CREDIT UNIONS IN CALIFORNIA, that are fully insured by federal or State deposit insurance . The Treasurer may waive collateralization in lieu of deposit insurance . D. NEGOTIABLE CERTIFICATES OF DEPOSIT, COLLATERALIZED WITH U.S. TREASURY OBLIGATIONS HAVING A MARKET VALUE OF 110%. The Treasurer may, at his discretion, waive security for that portion of a deposit that already is covered by federal or State deposit insurance . C CITY OF GRAND TERRACE INVESTMENT POLICY E. PASSBOOK SAVINGS ACCOUNTS PLACED WITH FEDERAL OR STATE BANKS OR CREDIT UNIONS, that are fully insured by federal or State deposit insurance . The Treasurer may waive collateralization in lieu of deposit insurance . F. SECURITIES ISSUED BY FEDERAL AGENCIES . G. LOCAL AGENCY INVESTMENT FUND (LAIF) , Special fund of the State Treasury in which local agencies are allowed to pool their funds for investment; purposes up to a maximum of $40 Million. LAIF will have its own investment policy that will differ from the CITY. H. MUTUAL FUNDS, issued by diversified management companies as defined by Section 23701m of the Revenue and Taxation Code, provided that the portfolio of such investment company or investment trust is limited to U. S . government obligations or agencies of the federal ' government and repurchase agreements fully collateralized by such securities . I . POOLS AND OTHER INVESTMENT STRUCTURES INCORPORATING INVESTMENTS PERMITTED IN CALIFORNIA GOVERNMENT CODE SECTIONS 53601 AND 53635, such as local government investment pools sponsored by , counties and joint powers authorities . These entities may have their own investment policy that will differ from that of the CITY of the City of Grand Terrace . 9 . 0 COLLATERALIZATION: All certificates of deposit must be collateralized by U. S . Treasury obligations held by a third party. The Treasurer may waive this requirement up to the amount already insured by federal or State deposit insurance . 10 . SAFEKEEPING AND CUSTODY: All securities purchased from broker/dealers shall be conducted on a delivery vs . payment (DVP) basis and 4 CITY OF GRAND TERRACE INVESTMENT POLICY shall be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts . This would not apply to any book-entry direct purchases from the U. S . Government . 11. DIVERSIFICATION: The CITY will diversify its investments by security type and institution. 12 . INVESTMENT POLICY ADOPTION: The Investment Policy shall be approved by Agency Board and adopted by resolution of the CITY. This policy has been reviewed and approved by the City Council on March XX , 2010 5 CITY OF GRAND TERRACE INVESTMENT POLICY Adopted by Board 5/08/97 Amended 6/26/97 Amended 8/27/98 Adopted 9/10/98 Amended 1/25/00 Adopted 1/25/01 Adopted 2/14/02 Adopted 2/13/03 Amended 6/24/04 Adopted 6/9/05 Adopted 6/22/06 Adopted 6/12/07 Adopted 6/10/2008 Amended and Approved 7/14/09 Reviewed 03/23/2010 6 �ALIIfORYIA AGENDA REPORT MEETING DATE: March 23, 2010 Council Item(X) CRA Item ( ) TITLE: Public Highway Overpass Crossing Agreement, Barton Road Bridge Overpass, DOT No. 747-045X. PRESENTED BY: Richard Shields,Director of Building and Safety/Public Works RECOMMENDATION: Adopt Resolution No. Entering into a Public Highway Overpass Crossing Agreement with Union Pacific Railroad for Funding, Construction and Maintenance of the Barton Road Bridge Overpass. BACKGROUND: The City of Grand Terrace is currently in the right-of-way stage of construction administration to reconstruct the Barton Road overpass bridge over the Union Pacific Railroad(UPRR), also - known as the Riverside Industrial Lead. Properties in Colton and Grand Terrace have been purchased for the bridge replacement and widening. Pursuant to CALTRANS requirements and UPRR, an encroachment agreement must be obtained to remove the old overpass bridge and construct the new overpass bridge that will be widened and lengthened. DISCUSSION: The Public Highway Overpass Agreement drafted by UPRR must be signed by the lead agency at the time the agreement is established. Grand Terrace is the lead agency for the Barton Road Overpass replacement project. The attached Agreement sets forth a list of exhibits that explains UPRR requirements for funding, construction and future maintenance of the proposed overpass. The Agreement also has a Contractors Right of Entry Agreement. This portion of the Agreement will be signed by the awarded contractor of the project in the near future. UPRR is requesting that the City sign the agreement with the exhibits attached and provide a resolution of acceptance. Currently, Grand Terrace and the City of Colton have a Cooperative Funding Agreement that was approved November 4, 2008 that sets forth conditions for the project relating to funding, construction and future maintenance. Each jurisdiction is responsible for their portion of the project relating to monitoring the project at construction and maintaining the bridge structure in perpetuity. COUNCIL AGENDA ITEM NO.3 L� 1 Staff recommends that the City Council adopt Resolution No. entering into an Agreement with UPRR to pay$9,006.00 in consideration of the Agreement and agree to monitor the construction of the new bridge and maintain the new bridge in perpetuity for that portion of the bridge located in the City of Grand Terrace. FISCAL IMPACT: UPRR requests$9,006.00 be paid to the railroad in consideration of the construction agreement. Funds in the amount of$15,000.00 have been placed in the Capital Projects Fund Account 47- 100-250-005 for this fiscal year 2009/2010 to cover the$9,006.00 charge. The additional costs shown in Exhibit"C" in the amount of$176,000.00 are estimates for UPRR labor costs if needed in the future. These costs are covered in the overall cost to build the bridge and will be refundable if used by the federal funds to build,the bridge. Respectfully submitted, Ric6ard Shields Director of Building and Safety/Public Works ii I Manager Approval: Betsy A Ad6ms City Manager ATTACHMENTS: Public Highway Overpass Crossing Agreement Resolution No. i; i RESOLUTION NO. RESOULTION APPROVING A PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT FOR THE BARTON ROAD GRADE SEPARATION KNOWN AS DOT NO. 747-045X,BETWEEN UNION PACIFIC RAILROAD AND THE CITY OF GRAND TERRACE. WHEREAS: the City of Grand Terrace desires to undertake as its project the reconstruction and widening of the existing Barton Road grade separation overpass structure located over the Union Pacific Railroad's (UPRR) Tracks at Mile Post 541.10 known as DOT No. 747-045X, and also known as the Riverside Industrial Lead in Grand Terrace, San Bernardino County, California. WHEREAS: the right of way presently occupied by the existing structure is not sufficient to allow reconstruction and widening of the structure. Therefore, under the Public Highway Overpass Crossing Agreement, UPRR will be granting additional rights to the City so that the City can,perform the project work. WHERAS: the City of Grand Ten-ace accepts the general terms and conditions in the Agreement that is attached hereto and made a part hereof. WHEREAS: the City of Grand Terrace will forward Nine Thousand Six Dollars($%006.00)to UPRR for consideration and execution of the signed Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace that the Public Highway Overpass Crossing Agreement has been approved by the City Council and signed by the Mayor. ADOPTED this day of March,2010. Maryetta Ferre', Mayor ATTEST: Brenda Mesa, City Clerk Attachments: Public Highway Overpass Agreement UPRR Folder No.: 2180-69 PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT !6^' �i� F.t' �un`��.. �SY,..�� 4t '�.0„1.�,ut�'piil�i�s1>3��\�F4.��,��•�'fi% ,i ,kj d' 7�;�,k}r�r,. 47�7 �+e: >�)_�'t��-�';'�J��iP '`�:l''4. �+4'r'r, �dl y. a. y�✓�� •;t�t++�,t.� �'L't13�}���0�',b„- "k. �ika.�C:•n3ii.a ,W1?'.i�k�e$''�i 'F�. ;`� �f���q'•tt�r°?i • .�?J;•:rY� ,�ct' ',•� Y. " •a -'i� �.,•{�,,� art° i. 4 .:; _-'yam,"-.' •• Fd..'�Y3� :.y'�E .thh, UNIO C a ti)f�il r»i9s "r',Aw =K �a3w•' e• e�_,V"S.. iCi' a �,���i{-q',',' j .� ,f a" '.,F �..�''^'•� }-49 mod"";�',. � °����' , - ,K�'��ri•..'�,f.-i ,5'` j�.v., ij.� � '"�`yt�zy ;,���t ''`P�c'Ka- :1t3�.!' VE RECONS t, CT K ' STI ARTON R , , OVA, AS „ EP .wa - TIO Q ROBS _ G ' `"'�,`�,� ��i�-rS:�Vb `�.��• ''�'s d' -� r.., RAILRO�, :r .. :1 `- ID a . LEAD IN OR AR GRAND TERRACE SAN BERNARDINO COUNTY, CALIFORNIA UPRR Folder No. 21 30-69 UPTZR Audit No.: PU3LIC HIGHWAY OVEaPASS CROSSING AGREEMENT Barton Road Overpass—DOT No. 747-045X V` Railroad Mile Post 541.10,—Riverside Industrial Lead Grand Terrace, San Bernardino County, California THIS AGREEMENT("Agreement") is made and entered into as of the day of ,200_("Effective Date"),by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate-Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and the CITY OF GRAND TERRACE, a municipal corporation of the State of California to be addressed at 22795 Barton Road, Suite B, Grand Terrace, California 92313 ("City"), RECITALS: The City now,desires to undertake as its project (the "Project") the reconstruction and widening of the existing Barton Road grade separated overpass structure, (hereinafter the "Structure"),over the Railroad's track(s)at Railroad's Mile Post 541.10,(DOT No. 747-045X),on. the Railroad's Riverside Industrial Lead in Grand Terrace, San Bernardino County, California (the "Crossing Area"). The CrossingArea is shown on the Railroad Location Print marked Exhibit A and specified in the City's Detailed Prints of the Structure marked Exhibit A-1,each attached hereto and hereby made a part hereof. The right of way presently occupied by the existing Structure,is not sufficient to allow for the reconstruction and widening of the Structure. Therefore,under this Agreement,the Railroad will be granting additional rights to the City so that the City can perform the Project work. The Railroad and-the City are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: SECTION 1. EXHIBITS B AND D The General Terms and Conditions marked Exhibit B, and the Railroad's Coordination Requirements marked Exhibit D, are attached hereto and hereby made a part hereof. SECTION 2. RAILROAD GRANTS RIGHT For and in consideration of the sum of NINE THOUSAND SIX DOLLARS($9,006.00) to be paid by the City to the Railroad upon the execution and delivery of this Agreement and in further C'Documents and Settings`dand1lZMy Page 1 of 6 Docu me nts'Favorites�Ag reement Forms',Road Crossing Contract December 3, 2009 Forms\Public Road Crossing Forms\Public Road Crossing - New Overpass Aareementf rev i 1-1;)-ncn rir,r, S consideration of the City's agreement to perform and comply„ :th the terms of this Agreement,the; Railroad hereby grants to the City the right to construct, maintain and repair the Structure over and across the Crossing Area. SECTION 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the City to perform any Project work on any portion of the Railroad's property. and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's' respective employees, officers and agents, and others acting under its or their authority. SECTION 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT- INSURANCE A. Prior to Contractor performing any work within the Crossing Area involving the Project,and any subsequent maintenance or repair work, the City shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement;' and • provide such insurance policies,certificates,binders and/or endorsements to the Railroad.; B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit E,attached hereto and hereby made a part hereof. The City confirms that it will inform its Contractor, that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the; Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also, providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Senior Manager- Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No. 2180-69 D. If the City's own employees will be performing any of the Project work,the City may self= insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. SECTION 5. FEDERAL AID POLICY GUIDE If the City will be receiving any federal funding for the Project the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. C',Documents and SettingsllandlQVy Page 2 of 6 Documents-Favontes`,Agreement December 3, 2009 Forms\Road Crossing Contract Forms`,Public Road Crossing FormsPublic Road Crossing - New Overpass SECTION 6. NO PROJECT FXPFN'SES-TO BE BORNE BY RAILROAD The City agrees that no Project costs arnd expenses are to be borne by the Railroad. In addition, the Railroad is rot required to contribute any funding for the Project. SECTION WORK TO BE PERFOWNT: RY RAIL.RO AD; BILLING SENT TO CITY; CITY'S PAYMENT OF BILLS A. The work to be performed by the Railroad,at the City's sole cost and expense,is described in the Railroad's Engineering Review & Flag ine Estimate dated June 19, 2009, marked Exhibit C, attached.hereto and hereby made a part hereof(the "Estimate"). As set forth in the Estimate,the Railroad's estimated cost for the Railroad's work associated with the Project is One Hundred Seventy-Six Thousand Dollars ($176;000.00). B. The Railroad,if it so elects,may recalculate and update the Estimate submitted to the City in the event the City does not commence construction on the portion of the Project located on the Railroad's property within six(6) months from the date of the Estimate. C. The Railroad shall send progressive billing to the City during the Project,and final billing to the City within one hundred eighty (180) days after receiving written notice from the City that all Project work affecting.the Railroad's property has been completed. D. The City agrees to reimburse the Railroad within thirty(30)days of its receipt of billing from the Railroad for one hundred percent(100.%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction-inspection, flagging(unless flagging costs are to be billed directly to .the, Contractor), procurement of materials, equipment rental, 4" manpower and deliveries ,to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. SECTION 8. PLANS A. The City,at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad's Assistant Vice President Engineering-Design, or his authorized representative,for prior review and approval.. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to,or adjacent to the Railroad's tracks and, if applicable, all demolition and removal plans for the existing structure. B. The final one hundred percent(100%)completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering-Design,or his authorized representative,are hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans in no way relieves the City or the Contractor frog: Their responsibilities, obligations and/or liabilities tinder this Agreement, and will be ('%Documents and Settingst.land112%My Page 3 of 6 DocumentsFavorites`Aa reement FOfms\Road Crossing Contract December 3, 2009 Forms\Public Road Crossing Forms\Public Road Crossing - New Overpass ?wag mo nt!rwr 1 1_17_1101.1.,.. 7 f �I �_iven_with the understanding that the Railroad makes no representations or warranty as to the' validity,accuracy, legal compliance or completeness of the Plans cued that any reliance by the; .I City or Contractor on the Plans is at the risk of the City and Contractor. SECTION 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation,; replacing, removing and abandoning in place all non-railroad owned facilities (the "Non! Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics,pipelines,wirelines,communication lines and fences is required under Section 8. The; Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway: Engineering and Maintenance-of-Way Association("AREMA") standards and guidelines: Railroad has no obligation to supply additional land for any Non Railroad Tacilities and does not waive its right to assert preemption defenses, challenge the right-to-take,, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad E Facilities plans and, specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications; Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non-Railroad Facilities work shall not commence before a supplement or new agreement has been:fully executed by Railroad and the Non Railroad Facilities owner or operator,or before Railroad and City mutually agree in writing to(i)deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B,(ii)deem the Non Railroad Facilities part of the Structure,and(iii)supplement this Agreement with terms ;i and conditions covering the Non Railroad Facilities. SECTION 10. RAILROAD'S COORDINATION REQUIREMENTS The City, at its expense, shall ensure that the Contractor complies with all of the terms and ii conditions contained in the Railroad's Coordination Requirements that are described in Exhibit D, ;i attached hereto and hereby made a part hereof,and other special guidelines and/or requirements that the Railroad may provide to-the City for this Project. �i SECTION IL EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in ?j full force and effect for as long as the Structure remains on the Railroad's property. �i ;i B. The Railroad,if it so elects,may terminate this Agreement effective upon delivery of written notice to the City in;the event the City does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the Effective Date. 41 C1Documents and Settings\landllM\My Page 4 of 6 ;i Documents\FavoritesrAgreement December 3, 2009 h Forms\Road Crossing Contract Forms\Public Road Crossing Forms\Public. Road Crossing - New Overpass Ij Q, t'.. If the A, reement is terminated as provided above,or for,:iny other reason, the City shall pay to the Railroad all actual costs incurred by the ?ail road in connection with the Project tip to the date of termination,including,,without limitation,all actual costs incurred by the Railroad in coruiection `vi°'1 reviewing any preliminary or:final Project Plans. SECTION 12. CO?VDITIONSJO BE MET BEFORE CITY CAN COMMENCE WORK Neither the City nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and the City have executed this Agreement. (ii) The Railroad has provided to the City the Railroad's written approval•of the Plans. (iii) Each Contractor has executed.Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor's Right of Entry Agreement. (iv)Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement. SECTION 13. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Structure,shall not commence until Railroad and City agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms,and conditions. SECTION ASSIGNMENT; SUCCESSORS AND ASSIGNS A. City shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and City. SECTION 15. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the City will be receiving American Recovery and Reinvestment Act("ARRA")funding for the Project, the City agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the City and not of the Railroad and(ii)the City shall not delegate any ARRA reporting responsibilities to the Railroad. The City also confirms and acknowledges that(i)the Railroad shall provide to the City the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to,support such billing and GO such •,iandard and customary billing and documentation from the Railroad provides the information needed by the City to perform and complete the ARRA reportoig documents. The Railroad C'Documents and, settingsliand112'.My Page 5 of 6 0ocum nts\Favoritesb4greement Forms\Road Crossing Contract December 3, 2009 FormslPublic Road Crossing Forms\Public Road Crossing - New Overpass Aareemenf(rPv11-1 -nQ)rinr 4 confirms that the City and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 7 of this Agreement. SECTION 16. TERMINATION OF ORIGINAL AGREEMENT Upon the completion of the Structure,the Original Agreement covering the existing Structure, if any, shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Structure. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID 494-6001323) By JAMES P. GADE Director Contracts ATTEST: CITY OF GRAND TERRACE By By City Clerk Printed Name: Title: Pursuant to Resolution/Order No. (SEAL) dated 1 20 hereto attached. C�Dccuments and settings\land112',My Page 6 of 6 Docurnents\Favorites'�Agreement December 2009 Forms\Road Crossing Contract orms',Public Road Crossing Forms\Public Road Crossing - New overpass 1l LIST OF EXHIBITS Exhibit A Railroad.Location Print Exhibit A-l:, Detailed Prints" •f, a `° 9:•., Exhibit B" w: GeneralTers &;Con_ dit_foris: ta� ..-...•� J� A --'�Y .4l-.:� � �`•~�' at - yam- - �'. Exhibit C . En t ine:. eri,;,:{ &ti Flas..•.•'-;_�_• _:.-.-�:.gging Exhibit D Railroad'-s Coordination Requirements Exhibit' Railroads Forrri of Contra ctor's Right of Entry greemerit r 11 EXHIBIT: ._ To Pub�ilic Highwa Overpass---Q ;ssing ften areer Railroad Loeatlo_ r� Print; Showin then. .rossing Area . gz A 1 ' N RAILROAD LOCATION PRINT W'ti E OF AN EXISTIN(T OVERPASS GRADE SEPARATTONL� CROSSING RECONSTRUCTION & 'XIDENING PROJECT W OWNRANCH J; 'A U� UJ a 0 0 40 V 01 W LOMAWRDE OR C 0 Barton Road Overpass-DOT 9747-045X , // z 0 RR MP 541.10-Riverside Industrial Lead 46 0., 0 1 -4 Existing Grade Separatkn Crossing 04 z C), Reconstruction&Widening Project PALM AVE ;4 1 470 t brand W MERRngWS A*'! J 4 r 'HAMPTON CT KILL N) I LA?�'X ST "-.--'X4SEN CT ltq&qOp CT DE B!� EFt' L M WREN ST ; C : On versids Industrial Ljad i lu T 0 % IP a k, O."i 'XF gly.2U) 4r rn z X .0 ------ -z d .F. DOVE ST r .3X C .0 4 V '21 M ;0, 0z LAD6 .4 ST 1� RO IN WAY !0 ........... (T .. .. ...... .... }AIN ST E.M' ST- ............. _.,ARU SE SS ST r '---CARLOTA WAY Date Lne aiwd to kam. 0 2007 Dd"Ine.Street Aft LISAG 2008. MW WWWOift"zom MR(12.7 E) Da Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" 1. Engineering Design Review,Inspection&Flagging. UNION PACIFIC RAILROAD COMPANY RIVERSIDE INDUSTRIAL LEAD MILE POST 54 1.10 GPS:N 34'02.0334'.W 117' 19 7784' GRAND TERRACE,SAN BERNARDENO Co.,CA. Railroad Location Print of an existing grade separation crossing reconstruction and widening project with the CITY OF GRAND TERR,-kCE. Folder No 1-180-69 Date: December 3,2009 NVARNING IN ALL OCC.ASiONS,Tj P CO-\L%fUN1CAT10Ni DEPARTMENT MUST BE CONTACTED IN AD,-kNCE OF k-'IY WORK TO DETEPMNSEXISTENCE 10,0 LOCA-I ViN OF FIBER OPTIC CABLE. PHONE. t-(800)316-9193 EXHIBIT A4 ,: To Public Highway. Overpass: Crossing Detailed Prints -of the,",:Structure: f ' 1/ PVCC 19.69.00 PVCC 21.55.00 PVRC ZZ-85.00 PVC 1:.t"•0o Elev 9T8.57 Elev 9TB.20 Elev 914.56 E lnvinv 96 t.3tl�� 216.00 VC 106.00 VC 130.00 VC IB0.00 VC RC 1 9B/✓Sto rti- --�- RC•-Z.T5%/Sto RC•-2.216/Sto PROFILE GRADE Ut i I sty: NO Scale QI 1-6- aia conduit for p.:,. .f 4" tic )oal i la 185'-0" BB-1 (Measured along 1:West Barton Rood) E0 35'-0" 50'_O" 55,-0' 45'-0" 4 MSE ■all L45E roll IJad ._ _ _ ___ K■M■ • Mx _ 48• ._. _LJ,_ y__ Apl,rnx OG along Z==c L_v_- ,.ua.. +a., 1_ __ - 1---___- 1•_0.. 5•_D_B._0..-I2'-0�� 12._0.. 11._3. ._0. r lyht nOge of tleex L--J L__J L _J Datum Elev 93u.U0 Abut 1 Pler 2 Ptar 3 Abut 5 I Lr�ao,a T,..a , xxK ron�:rein �nOln Pier 4 Barrier r Type 26 Wool 19a00 20a00 21a00 22a00 ---- ■----10.1.'.' Min _ --- 16.16' Max fcncr� x4---14.46' Min ELEVATION CIP/PS Ea-r i- y 26.57' Max 1• Co Slao Type . } ■xN--2]..6' Min 35.9T' M. = xsN■-30.88' Min 36.92' Max t OG ^ 51ructure Approach i — �— Type N(SOSI 'r"r y-+ 0 8© i._________ ____ -__.___ ______ ; toe of slope '1"a' t-1 Toe of slope Top or slope MSE roll }^1' I �tl YSE all rr Top of slope o 0 0 TYPICAL SECTION 10, ` Be 19.59.00 rj - Elev 9T7.9B � T_____�-_•�_---^--�_•_-ice - T B 1a44 0 g lLNesl 0arton wood Clay 978.74 — — --- — —I--'— — — —�— — I --------I IE— — — — NB9°26 24"E 19.00 I �Oa00 1'----_—_—.—_211a00 _i_—_ _—_22a00.—_—_. . I 7oD of slope MSE call I •Ir'1"1,IT, I K I Top of slope n o •ti-„ J r Exist Bridge I L 1 I 1 to be removed YSE ■all To. of slope .I x i st UPflR -r �` Toe of slope n 10 6© •r-•r• �Lr E Exist UPRR A..l. 1ti MOIn Line Structure Approoch SPUR Lino --^ .,F /l^■\,� Type N1305I Ttl` NOb: r--. y (t) Polnl "en51 Barton Rood Overhead" CD Paint "Bridge No. and Year Completed PLAN bl Inoicutes point of min vort clearance I'•2a' 9 For "General Notes'. StOnOord Plans" and Index to Bridge Plans", see -Deck Contours sheet nUrxlera•vuna s�rr lca Alert �_�•� BENCIWARA raaxa r■LPaK[A IMLA ta^AArlala oil FIELD BOOK NOTES cur or`ws tarr.0 roan �,=[•y1�1yI'��,p SThLIT IMPRObEMEnI PL anS 9 canA TOLL reLf =r r r . aaraw a■•• DEPARTMENT OF PUBLIC WORKS ---___-- - 1-80D —�,. �' �=�: TY•LININTERNATIONAL A" ^�*n•r NEST 9ART014 ROAD QVERREAO F 22r-261U a w""" ���a. —+•— GENERAL PLAN- 1 �+1 sod iz uc y� S n i ^ W Ts• 1 0 I 46_ ` Return roll LOL Return roll LOL .970 Nb9'26'24^E _ —- I �-• —_ I ��- _ G , ^ --- 7 j 19.60.547 j 19t94,04 ;p I 947 D 20-99.047 I 4 .00 \ j 21+42.547 \ N • N M06�Barton Raaa I i ' ' ' �— I -- — �- ---- 22+LO N89s26-24"E j 20t0 20444. ! 0 7 � LUL ��=�� Nb9r26'24'E IG— Return roll �\20'Return.all LOL -- -�- _-- -' � � -r �9 - \ N69'2,, 29"E __tom I w�• I �k``a I I \ 'r_ �_ 1.00 963 / f -960 ii ExiV UPRfl Exist UPRR Exist Bridge IAUbanAonea) Main Line to be romavea S C 4 PLAN Notec�- 1,L�� - Indicates DOttom of footing elevation 2. For Limits of excavation and Dackfill not snarn, seet 9 9 s R•xS Ix[P•8[0 we[x SURxYISIW W. FIELD BOOK NOTES un a auw icxuc[ STREET IMFIiOVEMiNT PL•n, I Y tx.oe.�co,x�a surlc. ue�. BENC."ll DEPARTMENT OF PUBLIC WORKS --- --- .:..o�..e.. d r o•nun urtor[e st MEST BARTON ROAD OVERHEAD w n rY,L�ININTERNAONAL FOUNDATION PLAN -227-2600 tee' xanrr+�wrr+--scr- ITl= wn.s si ur�w tx; x Cr I D l PVC 17-53.00 PYCC 19.69.00 PVCC 21.55.00 PVT tTr 30.SC Eler 976.20 Elev 978.57 PVFC 186.00 VC El nv 974.5U22.b5.00 Elev 9 55.58 \ Elev 957.38 — 216.00 VC 130.0U VC + 8% IBU.00 VC 115.00 VC 7.9 RC -2.TSX/St0 RC=-1.9BX/Sto RC=- .21X/Sto PROFILE GRADE No Sco lw 325'-0" 147•-5" I Yeoaurad along NW LOL) End roll (U.0sured along NE LOL) EnJ r�!1 Begin wall -bag in wall 200'-0" _ _ Begin roll Ilmasured along SW LOL) (Measured along SE LOL) -'� - Lnd ..,II AUProw UG alany L_.cr_. I_.y right edye of YSE rail — 17+00 18-00 19-00 I ---{ _ zz.oD 00 z3. ELEVATION, 61SE WALLS 1 r.20• Y d Guy lull 25.25 Lt End roll Ll Begin .all L-a "all Sto 1b+27 St°219.52 S o221+50 2-4S' Lt �— St.. 2T+93.75 v / Toe of slope Top of 61ope Tor of slope Top of slope weal tloi ton Rood i —_—_—___—_.-___—_—_— i I fLNest Barton Hood +I -- N89°26'24"E )----- ----- ' t 17.00 '.I IB+00 19.U0 i—L---_'—_—_+___—'—_—'—_—_--_�_—_'f-_—_: 1 1 22-00 Nb9°zb-24-L 23rOD r�� vd NIL Top of slope Top of slape T \�' Begin wolf FitBegin roll L ,� 21.25- Rt End all Toe of sl.�Sto f7+52 Toe of slope Rt Sto 21 59+. St0 2 Fit 1*50 Slope \ Sip22r.B1_5J 9 PLAN.r.MSzo- E WALLS q 8 9 For "General Nota6", Standard Plans" ar,o "Index to Bridge Plane", see "Deck Conioura" shoot nwne,vrw.a!°rrl�e•,er .�\\ BENCHMARK ru�.s mrr°°c°tea°awt°rl slaw at FIELD BOOR NOTES cllr a wua iuuft S IaEEI IYPRa7t uF nl Pl.ANc Y coN�LOLL FREE ��� '` �* �.v.. DEPAflTYENf OF PUBLIC OORI(S _ "IYLININTERNAMNAL •�nrorta n WEST ARTON ROAD uVER14EAD r � I-OUi1 rJ�e...�` �...: nR 4n ES 6 F227-26U0 I..re1YID_ rrrar r„��.w� ,�,°,� . • ..ti— ' W' ••'•-r �.�..I��-.r G E IJ E R A L P I A N-2 s V Bl"" R To Public Highway Overpass. Crossing iareeme General Terms =and.:°C_ondltions. i i 1S •,;may EXHIBIT B TO PUBLIC HIGHWAY OVERPASS CROSSIiNG AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1 - CONDITIONS AND COVENANTS, A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances.' The City shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the City shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines.Any lines constructed on the Railroad's property by or under authority of the City for the purpose of conveying electric power or communications incidental to the City's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad,and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shalt be admitted by the City to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein-shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. C. The right hereby granted is subject to any existing encumbrances and rights(whether public or private),recorded or unrecorded, and also to any renewals thereof. The City shall not damage,.destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the City at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted,including,but not by way of limitation,the right to construct,reconstruct,maintain,operate,repair, alter, renew and replace tracks, facilities and appurtenances on the property and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure, provided that such attachments shall comply with City's specifications and will not interfere with the City's use of the Crossing Area. �E. So far as it lawfully may do so, the City will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting,taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances,or for the performance of any work in connection with the Project,the City will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 - CONSTRUCTION OF STRUCTURE A. The City,at its expense,will apply for and obtain all public authority required by law,ordinance,rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has-been'obtained. B. Except as maybe otherwise specifically provided herein,the City,at its expense,will furnish all necessary labor, material and equipment, and shall.construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary,and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the, Project, the City shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the City upon the Railroad's property(including, but not limited to,construction of the Structure and all appurtenances and all related and incidental work)shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad.or his authorized representative and in compliance with the Plans, the Railroad's Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad. D. All construction work of the City shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. it is understood that the Railroad's tracks at and in the vicinity of the work will be in ,.onstant or frequent use during progress of the work and that movement or stoppage of trains,engines or cars may cause delays in the work of the C!ty. The City hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the City and/or the Contractor c\Documents and Settings\land1121My Page 1 of 4 no reement Exhibit B Forms\Road Crossing Contract FormslPublic General Terms and Conditions F.oad Crossing FormsPublic Road Crossing- New OverDass AoreemPnt(rPv1 1-19_ngl rinn 'I ttI � I SECTION 3 - INJURY AND DAMAGE TO PROPERTY �i If the City, in the performance cfany work contemplated by this Agreement or by the failura to do or perform anything for Which the City is responsible under the provisions of this Agreement, shall injure,damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the C,ity's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Assistant Vice President Engineering.-Design. SECTION 4- RAILROAD MAY USE`CONTRACTORS TO PERFORM WORK ,I 4 The Railroad may contract for the performance of any of its work by other than railroad forces.The Railroad shall:notify the City of the contract price within ninety(90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the.Railroad for the amount of the contract. j SECTION 5- MAINTENANCE AND REPAIRS A. The City,at its expense,shall-maintain,repair and renew,or cause to be maintained,repaired and renewed,the entire'Structure, including,but not limited to,the superstructure, substructure, piers, abutments,walls, approaches and all backfill,grading and drainage required by reason of the Structure, as well as all graffiti removal or overpainting involving the Structure. B. The Railroad, at its expense,will maintain, repair and renew, or cause to be maintained, repaired and renewed,the trails,ties, ballast and communication and signal facilities owned by the Railroad beneath the Structure. SECTION 6 - SAFETY MEASURES, PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized,that safety and continuity of the Railroad's operations and communications are of the utmost importance;and in order that the same may be adequately safeguarded,protected and assured, and in order that accidents may be prevented and avoided,it is agreed with respect to all of said work of the City that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the City shall also include the Contractor and their respective officers,agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the"City shall include work both within and outside of the Railroad's property. 43. Compliance With Laws. The City`shall comply with all applicable federal, state and local laws, regulations and enactm," affecting the work. The City shall use only such methods as are consistent with safety, both as concerns the City,i the C agents and employees,the officers,agents,employees and property of the Railroad and the public in general.The City(without limiting the generality of the foregoing)shall comply with all applicable state and federal occupational safety and health acts and j regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's I premises. If any failure by the City to comply with any such laws,regulations,and enactments,shall result in any fine,penalty, cost or charge being assessed, imposed or charged against the Railroad, the City shall reimburse and, to the extent it may lawfully do so,indemnify the Railroad for any such fine,penalty,cost,or charge,including without limitation attorney's fees,court costs and expenses. The City further agrees in the event of any such action,upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. !jC. No Interference or Delays. The City shall not do,suffer or permit anything which will or may obstruct,endanger,interfere with, i hinder or delay maintenance or operation of the Railroad's tracks or facilities,or any communication or signal lines,installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. D. Supervision. The City,at its own expense,shall adequately police and supervise all work to be performed by the City,and shall H not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad.The responsibility of the City for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications,or by the Railroad's collaboration in performance of any work,or by the presence at the work site of the Railroad's representatives,or by compliance by the City with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, {! the City will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. E. Suspension of Work. If at any time the City's engineers or the Vice President-Engineering Services of the Railroad or their ! respective representatives shall be of the opinion that any work of the City is being or is about to be done or prosecuted without ii due regard and precaution for safety and security, the City shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. ! ;i r Removal of Debris. The City shall not cause, suffer or permit material or debris to be deposited or cast upon,or to slide or fall I' upon any property or facilities of the Railroad, and any such material and debris shall be promptly removed from the;Railroad's I; C'Documents and Settings'Jand1121My Page 2 of 4 ! Exhibit B Documents\Favon[es`-,Agreement General Terms and rConditions q Forms\Road Crossing Contract Forris\Public Road Crossing Fonns\Public Road Crossing- lew Overoass Aareementf revl 1-12-091.doc i 'I ! „guy property by the City at the City's own expense or by the Railroad at the expense of the City. The City shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Cressin.g:'Area. xrlosives. Ti-a C.tyy shall not.'isc"arce ny ex plr_,3;ves on -;r in the, icinity of`.he Fi0rcad's.prcper'y.without the prior ccnsent Of the Railroad's Vice President-Engineering Services,which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Sf:rjices, such discharge would be oangerous'or would interr,3re with the Railroad's property or facilities. Fr the purposes'-ereof, a"vicinity of,!-a Railroad's property”shall be deemed to be ant place on-he Railroad's property or in n close proximity to th:: Railroad's prcoerty that the discharge of explosives could cause injury to the Railroad's employees or of'er persons, or cause -_'amage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions,restrictions or limitations on the transportation,handling,storage,security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. H. Excavation. The,City shall,not excavate from existing slopes nor construct new slopes.which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities.The City,at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the City in connection with construction,maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. I. Drainage. The City,,at the City's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances,and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The City, at the City's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities(either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the City, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof,or property of others.The City shall not obstruct or interfere with existing ditches or drainage facilities. J. Notice. Before commencing any work,the City shall provide the advance notice that is required under the Contractor's Right of Entry Agreement. K. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance-since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City shall telephone the Railroad during normal business hours (7-00 a.m. to 9.00 p.m. Central Time, Monday through Friday,except holidays)at 1-800-336-9193(also a 24-hour,7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City. If it is, City will telephone the telecommunications_company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 7- INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the City, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area,the City shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8- OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 9- BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project,or are associated with the work to be performed by Railroad under this Project,shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of City fora period of three (3) years following,the date of Railroad's last billing sent to City. SECTION 10-REMEDIES FOR BREACH OR NONUSE A. If the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other r!ghts and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's f.3ciiities or operations or jeopardize the Railroad's employees, and the City will reimburse the Railroad for the expenses thereof. C'.Documents and SettingsVand112Vy Page 3 of 4 Exhibit B D ocuments',Favontes`F,greement Forms,,Road Crossing Contract Forms'Public general Terms and Conditions R'cad Crossing Forms\Public Road Crossing- I+iou(lvorn�ee Anreemenl/.e�.,1� ^f nrn..... '�1 E3, Nonuse by the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen(1 u)months shall, at the option of the Railroad,work a termination of this Agreement and of all rights of the City hereunder. C. The City will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights,obligations or liabilities of the parties,accrued or otherwise,which may have arisen prior to termination. SECTION 11 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing,signed by the City and the Railroad and specifying with particularity the nature and extent of such waiver,modification or amendment. Any waiver by the Railroad of any default by the City shall not affect or impair any right arising from any subsequent default.This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the City and the Railroad and cancel and supersede any prior negotiations, understandings or agreements,whether written or oral,with respect to the work or any part thereof. (-,',Documents and Settingslland112'My Page 4 of 4 Exhibit B E�ocuments`,F3vortes`,Agreement General Terms and,Conditions 3rms\Road Crossing Contract Forms\Puhlic Poad Crossing Forms\Public Road Crossing- i eW Overoass Aa reement(rev 11-12-09).doc Y. _ EXiI:Tt To Public Highway. Overpass- Cron _ g reement: .u.. ._.•. .. 'µ �.ij C. �:i�Z�_�'99i`�' J �'"$1`9,.:..i::.i>..'�« i n - Railroad s Englrieering" fl�gg & In Estimate . g . F j 7Z EXHIBIT C RAILROAD ENGINEERING & FLAGGING ESTIMATE TO PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT DESCRIPTION OF WORK: Perform engineering design review and flagging services for the City of Grand Terrace for the reconstruction and widening of the existing Barton Road Overpass grade separation crossing, (USDOT #747-045X)), at Railroad Mile Post 541.10 on the Riverside Industrial Lead in Grand Terrace, San Bernardino County, California. LOCATION: Grand Terrace, San Bernardino County, California DATE: June 19, 2009 DESCRIPTION LABOR MATERIAL AUTHORITY TOTAL FLAGGING $120,000.00 $120,000.00 (at$1,000/day) X 120 days INSPECTION $15,000.00 $15,000.00 ENGINEERING PLAN $25,000.00 $25,000.00 REVIEW 10% contingency $16,000.00 $16,000.00 TOTAL PROJECT $176,000.00 $176,000.00 TOTAL ESTIMATED COST OF PROJECT LESS CREDITS $176,000.00 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OF AMOUNT OF MATERIAL OR LABOR REQUIRED, THE AUTHORITY WILL BE BILLED FOR ACTUAL COST AT THE CURRENT RATES EFFECTIVE THEREOF. Exhibit EX F .:�. HIBI_ T; D -5.�1''7.4-`�I -.� i`P.�-.,.rc,..�_n•`-.i..�.e.� l��.rt... _i� Y - � ;.3 .. '�4�_ F#1'y"J. F OTo Public Hi h } rQssin gpassrve 4rA,, reenent - Ralroadr7s Co•or ctination: Requirements •.z 7� I EXHIBIT D TO PUBLIC HIGhWaY CVERPAS" C IOSSiNG AGREEMENT RAILROAD COORDINATION REQUIREMENTS 1.01 DEFINITIONS Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency covering the construction and maintenance of the Project. Agency: City of Grand Terrace AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of Railroad's property and shall also include the Contractor's subcontractors,and tl Contractor's and subcontractor's respective employees, officers and agents, and othe acting under its or their authority. PAUTCD: Manual on Uniform Traffic Control Devices Project: Reconstruction and widening of the existing Barton Road Overpass grade separation'crossing Railroad: Union Pacific Railroad Company Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project(see Section 1:03) Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project(see Section 1.03) Requirements: The Railroad Coordination Requirements set forth in this Exhibit. 1:02 DESCRIPTION This Project includes construction work within Railroad's right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon,over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in thisAgreement,and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements,AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative. 1.03 UPRR CONTACTS The Railroad Project Representative for this project is: Freddy Cheung Senior Manager Industry&Public Projects Union Pacific Railroad Company 2015 South Willow Avenue Bloomington, CA 92316 Phone: 909-879-6264 Fax: 909-879-6289 Cell: 951-334-9110 For Railroad flagging services and track work, contact the following Railroad MTM Representative: Kyle Krzemien Manager Track Maintenance Union Pacific Railroad Company 17225 East Arenth Avenue City of Industry, CA 91748 Phone:626-935-7596 Fax: 626-935-7525 Cell: 626-476-7220 '1.04 PLANS I SPECIFICATIONS The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. „Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are'subject to the prior review and written approval of the Agency and the Railroad. No construction work shall commence until final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing The Railroad's review and _pproval of the Agency's and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, C',Oocuments and Settingslland112Wy Page 1 of 5 Exhibit D Gocuments�Favorites'Agreement Railroad's Coordination Requirements Forms\Road Crossing Contract Forms\Public Road Crossing ForrnslPublic Road Crossing- N. 1t81► c•bl,gations and/or liabilities under this Agreement, Agency's agreement with the Contractor for the Project and/or in the s�_=parate Contractor's Right of Entr/Agreerent referenced in Section 1 03 Fa:lroad's cporcval will be giver with the understanding t1-at the Railroad makes no representations orwarr.)r•r, as to the valiCity, ;accurscy, ie,,'al curr.pliance or completeness of Agency's and/or Cost;-,ctor's plans and that any,.-uiiance by the r'•gency or the Cortractor with respect to such plans;s at the r ak of the,agency and the Cortractor 1.05 JTILITIES AND FIBER OPTICS A. All installations shall be core,5tructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at http:J/www.uprr.com/reus/ipireline/install.shtmi. B. It shall be the responsibility of the Contractor,at its expense,to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non-railroad facilities affected by this Project,nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad's property. Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility. C. Any longitudinal fiber optic lines on Railroad,right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities. D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency's expense. 1.06 GENERAL A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations.The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor's construction or other activities. S. Track protection is required for all work equipment(including rubber tired equipment)operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12. C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor's activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad. 1.07 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor's understanding of Railroad traffic volume and operation at the Project site. The Contractor's bid shall be structured assuming intermittent track windows as defined in Section 1.07 C B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project.Activities may include both through moves and switching moves to local customers. Railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations. C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows,as defined below: 1. Conditional Work Window:A period of time in which Railroad's operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared(i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local.operating unit review and approval. 2. Absolute Work Window, A period of time in which construction activities are given priority over Railroad's operations. During this rime the designated Railroad track(s)will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window all Railroad tracks and signals must be complet;.iy operational for normal train operations. Also, ail Railroad, Public Utilities Commission and Federal Railroad Administrat,on requirements :odes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the "documents and Settings'lanal12'.My Page 2 of 5 i� Exhibit D ocu mentsTavorites�Agreement FoxmslRoad Crossing Contract FormsTiblic Railroad's Coordination Requirements Road Crossing FormsPublic Road Crossing- 17 i Railroad will perform inspections;of the work prior to placing the affected track back into service. Railroad flag persons will a; be required,for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will inquire a detailed writtan explanation for Railroad review and approval. 11j08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES Prior to beginning any work within the Railroad right-of-way,the Contractor shall enter into an agreement with the Railroad in the form of the Contractor's Right of Entry Agreement, attached as Exhibit E, or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad. 9. The Contractor shall give advance notice to the Railroad as required in the Contractor's Right of Entry Agreement before 'I commencing work in connection with-construction upon or over Railroad's right-of-way and shall observe the Railroad;rules and regulations with respect thereto. C. All work upon the Railroad right-of-way shall be done at such times and in such a manner as not to interfere with or endanger Ir operations of the Railroad. Whenever work may affect the operations or safety of trains,the method of doing such work si,an' first be submitted to the Railroad MTM Representative for approval, but such approval shall not relieve the Contractor from 1'; liability.Any work to be performed by�the Contractor,which requires flagging service or inspection service,shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section 1.21 for railroad flagging requirements. D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows,at least two weeks in advance of any work. The written request must include: 1. Description of work to be done. 2. The days and hours that work will be performed. 3. The exact location of the work and proximity to the tracks. !; 4. The type of window and amout of time requested. j 5. The designated contact person ifor the Contractor. The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen(15)days prior to li commencing work in connection with the approved work windows when work will be performed within 25 feet of any track ! center line. All work shall be performed in accordance with previously approved work plans. E. Should a condition arise from, or-in,connection with, the work which requires immediate and unusual actions to be made_to protect operations and property of the Railroad,the Contractor shall undertake such actions. If,in the judgment of the Raill I' MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such action deemed necessary. In any event, such actions shall be at the Contractor's expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative,the Contractor's operations may inhibit the Railroads operations. In the event J such an order is given,the Contractor shall immediately notify the Agency of the order. 1 11.09 INSURANCE The Contractor shall not begin work within the Railroad's right-of-way until the Railroad has been furnished the:insurance ;policies, binders, certificates and endorsements required by the Contractor's Right-of-Entry Agreement, and the Railroad Project !;Representative has advised the Agency;that such insurance is in accordance with such Agreement. The required insurance shall be ,;kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and '!material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad. !1.10 RAILROAD SAFETY ORIENTATION I All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course G"Orientation for Contractor's Safety";and be registered prior to working on Railroad property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. The precedin training does not apply for i longitudinal fiber optic installations. 1.11 COOPERATION ii The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding thatiRailroad's train operations at the job site shall have priority over the Contractor's activities. 1.12, CONSTRUCTION CLEARANCES ! The Contractor shall abide by the twenty-one(21)foot temporary vertical construction clearance defined in section 4 4.1.1 and twelve (12) foot temporary horizontal construction clearance defined in section 4.4 1.2 of BNSF and UPRR Guidelines for :,-,Documents and SettingsUand112\My Page 3 of 5 I Exhibit D Documents\Favorites\Agreement Railroad's Coordination Requirements Forms\Road Crossing ContractForrimsPublic Road Crossing Forms\Public Road Crossing i i)not A.... ., Ll-w Ra!read Grade Separation Prrjec,ts. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or P.ailrr:ad. Reduced temporary construction ciearances,;^,hich are less Than construction c'earances defined above,`.vill require special -evtew and approval by the Railroad. Any proposed var.ance on the specified minimum clearances due to the Contractor's operations shall be submitted to the r ailrcad Protect Representative ihrcugh the Agency at least thirty 00) days in advance of the work. No•vork shall be undertaken until the variance is approved in vriting by the Railroad Project Representative 1.13 SUBMITTALS A. Construction submittals and Requests for Information(RFI)shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3 5 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects,should be anticipated for review of all submittals.Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad's review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency,Contractor,and or any other person or entity if the Railroad's review exceeds a four-week review time. C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. 1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES A. The Contractor,at its expense,shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor's operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants. B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations. 1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE, RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR N. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative,Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad. C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for submittal to the Railroad's Project Representative for review and approval prior to commencement of work.This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled. 1.16 RAILROAD REPRESENTATIVES A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor(as stated elsewhere in these bid documents)to protect Railroad facilities,property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows: 1. When any part of any equipment or object,such as erection or construction activities,is standing or being operated within 25 feet, measured horizontally from centerline, of any track on which trains may operate. 2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement. 3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations. 4 During any Contractor's operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered -3 TO-3 Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work. C .Documents and Settingmand112NMy Page 4 of 5 Exhibit D 7ocument5lFavorites`Aar=ement Railroad's Coordination Requirements Forms-Poad Crossing Contract FormslPublic Road Crossing FormsPublic Road Crossing- %',-w Ov?rnACC An rP4-m.- t(rPV1 1.i 7_nai rin 74 i 1 r, 11t.17 WALKWAYS REQUIRED l I Parallel to the outer si.je of each exterior track of multiple operated track and en each side cf single operated;track, an unobstructed continuous space suitable for trainman's use in walking along trains,extending in width not less than twelve;feet(12') pIarpendicular from center[ine of track; shall be maintained. Any temporary impediments to walkways and track!drainage ?ncrcachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as[practical. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and Mailings shall not be closer than 9'-perpendicular from the center line of tangent track or 9'—6"horizontal from curved `rack. 1.18 COMMUNICATIONS AND SIGNAL LINES If required,the Railroad, at Agency's expense,will rearrange its communications and signal lines, grade crossing warning e evices, train signals,tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work'by the Railroad will be done by.its own forces or by contractors under a continuing contract and may or may not.be a part of work under this contract. i 1.19 TRAFFIC CONTROL I The Contractor's operations which control traffic across,or around Railroad facilities shall be coordinated with and!approved by the Railroad MTM Representative and shall,be in compliance with the MUfCD. 1.20 , CONSTRUCTION EXCAVATIONS:CALL BEFORE YOU DIG NUMBER A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring.Excavations for construction of footings, piers, columns,walls or other facilities that require shoring shall comply with requirements of OSHA, AREMA and Railroad"Guidelines for Temporary Shoring". B. In addition to calling the"811"number and/or the local"one call center",the Contractor shall call the Railroad's"Call Before Your Dig"number at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours(6:30 a.m.to 8:00 p.m. Central Standard Time,Monday through Friday,except holidays-also a 24 hour,7 day a week number for emergency calls)to determine location of fiber optics.;If a telecommunications system is buried anywhere on or near Railroad property, the l! Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other ;i protection of the system prior to beginning any work on or near Railroad property. The determination of whether fiber;optics Wrrr 11 be affected by the Project shall be made during the initial design phase of the Project. ,C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade: 1.21 RAILROAD FLAGGING !' Performance of any work by the Contractor in which person(s)or equipment will be within twenty-five(25)feet of!any track, for that any object or equipment extension(such as, but not limited to, a crane boom)will reach within twenty-five (25) feet of any [track,require railroad flagging services or other protective measures: The Contractor shall give an advance notice to the Railroad as ;;required in the Contractor's Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad's operations, employees and equipment. /Contractor shall comply with all other requirements regarding flagging services covered by the Contractor's Right of Entry Agreement. Any costs associated with failure to abide.by these requirements will be borne by the Contractor. 1 The estimated pay rate for each flag person is$1,000.00 per day for an 8-hour work day with time and one-half for lovertime,Saturdays,Sundays;double time and one-half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to,travel time,setup plus, per diem and rest time(if work is required at night).' i11.22 CLEANING OF RIGHT-OF-WAY The Contractor shall,upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor's tools, 1. 1i implements and other materials whether brought upon the right-of-way by the Contractor or any subcontractors employee or agent of ,,Contractor or of any subcontractor,and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad. i 1.23 CONTRACTOR'S RESPONSIBILITY OF SUPERVISION I ,! The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility F shall not be lessened or otherwise affected by Railroad's approval of plans and specifications,or by the presence at the work site of the Railroad Project,Representative, Railroad MTM Representative or any other Railroad representative or Railroad 'contractor i C 1Documents and SettingsVand 112Wy Page 5 of 5 f Exhibit D `'ocumentsTavoriteslAgree'ment Railroad's Coordination Requirements Forms\Road Crossing Contract Forms'Public ,i Road Crossing FormsTublic Road Crossing- r......_,.....n..............ar..... nn,.1— .rev :,roviding .nspection servicas, or oy the compliance by the Contractor with any requests or recommendatiors r^ade by such representatives. The Cortractor will give due consideration to suggestions and recommendations made'Ly such representatives for '.;,e safety and protection of the Railroad's :r3perty and c.erations. 1.24 USE CF EXPLOSIVES A i PROJECT SITE PROHIBITED The Contractor s use of explosives at the Project site's expressly prchibited unless authorized In auvance in writing by the Pailroad Project Representative. (,'.Documents and Settings+landl 121My Page 6 of 5 Exhibit D C,ocu ments,Favorites`.Agreement F•)fms'�Road Crossing Contract FormsTublic Railroad's Coordination Requirements Road Crossing Forms',Public Road Crossing- �1 -"v ITj. E. .. To Public H1 hwa. Ove ` ass- rossnAgreement g. Ja Y �_� g - 1 Rallroada s For of Contractor's Ri ht of Ent A reement g g,- i 1 ( PRR.Folder No.: 21 SO-69 L'PRR Audit\`o.. CONTRACTOR'S RIGHT OF .ENTRY AGIZEE:NIENT THIS AGREEMENT is made and entered into as of the day of 200 , by and between ANION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and (NAME OF CONTRACTOR) a corporation("Contractor"). (State of Incorporation) RECITALS: Contractor has been hired by the City of Grand Terrace("City")to perform work relating to reconstruction and widening of the existing Barton Road Overpass grade separation crossing (the "work"),with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Mile Post 54 1.10 on Railroad's Riverside Industrial Lead located in Grand Terrace, San Bernardino County, California, as such location is in the general location shown on the Railroad Location Print marked Exhibit A, and as specified on the Detailed Prints collectively marked Exhibit A-1, each attached hereto and hereby made a part hereof, which work is the subject of a contract dated between the Railroad and the City. (Date of Contract) Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors,subcontractors,officers,agents and employees,and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the tenn hereinafter stated and upon and subject to each and all of the tenns, pro,,isions and conditions herein contained, to enter upon ;'Documents and Sa1hngs1an-J11Z My Page 1 of 4 'Exhibit E r,rumcnts\FaooideslAnreement FormslRcad Crcssing "ordract Forms.Pubk Road Crossing Fc;msTublic Contractor's Right of Entry Agreement ,3oad Crossing-New O•.erpass Agreemenl(rev11.12- ZZ i and have ingress to and gress from the property described in the Recitals for the purpose of performing the wor!< described in the Recitals above. The riarlit 'Herein granted to Contractor is limited to those portions of Railroad's property specifically described herein,or as desi`nated by the Railroad RepresentatiN e named in Article 4. ARTICLE 3 - TERMS-AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. The General Terms and Conditions contained in Exhibit B, the Contract Insurance Requirements contained in Exhibit C and the ylinimum Safety Requirements contained in Exhibit D, all attached hereto, are hereby made a part of this Agreement. _ ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): Kyle Krzemien Manager Track Maintenance Union Pacific Railroad Company 17225 East Arenth Avenue City of Industry, CA 91748 Phone: 626-935-7596 Fax: 626-935-7525 Cell: 626-476-7220 C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work,or by the presence at the work site of,a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - TERNI; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated as herein (Date of C&M.4greement) provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten(10)days wTitten notice to the other 1 partY DocwT_ents ar.d Settingsllandl'2\My Page 2 of 4 'Exhibit E Documents\FavonteslAgreement Forms•.Road Crossing Contract FormsTubhc Road Crossing FormsTuiAc Contractor's Fight of Entry.Agreement woad Crossing-New Overpass Agreementirevt 1-12- .ARTICLE 6 - CERTIFICATE OF INSI;RA:SCE. A. !3e:ore commencing, a„y .nor'.:, Contractor will provide Railroad wi,di the (i) ir.surancc binders,policies,certificates and endorsements set forth in Exhibit C of this Agreement,anti t ii) the ir.suranc,� -ndorsements obtained by each subcontractor as required under:section 12, of Exhibit B of th. s A.,n:c rent. B. All insurance correspondence,binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Dodge Street, AfS1690 Omaha. Nebraska 681'9-1690 Itin:Senior Manager Contracts Folder No. 2180-69 ARTICLE 7 - DISMISSAL OF CONTRACTOR's EMPLOYEE. At the request of Railroad,Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 8 - ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Five Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 9 - CROSSINGS. No additional vehicular crossings (including temporary haul roads)or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. ;Cocurnents ano se!togs9andl1 TMy Pale 3 of 4 Exhibit E -),cuments'.Favcntes',i,creement Forrns',Foad Cressing Cmtract FormMPubhc Road Crossing Forms,P.,blic Contractor's Right of Entry Agreement ?rad Cross,rg-New Overpass Agreement(revl 1-12- Z� IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in dut�l��at as of the daw First herein v,:-ittLn. UNION PACIFIC R_ULRO AD COMPANY ("Federal Tax ID Xo. 94-6001323) By PAUL G. FARRELL Senior Manager Contracts (NAME OF CONTR4CTOR) By Printed Name: Title: %Docun.ents and Settings'] ndi 1'_Vviy Page 4 of 4 CXhihit E Doa.rnentsTay.mtes%inr,ement Formc%P�ad Crossing -Mract FormsTubi c Road Crossing Forms\P,.,bhc Contractor's Right of Entry Agreement ncad Crossing-New Overpass Agreement0'evi 1-12- -:�t air N A RAILROAD LOCATION PRINT 'V—(11 VE ACCONIPANYPN(If A CONTRACTOICS ki-ifft' (-T EN', RYAGREEMENT X: A�l C), ir SI J R- �"M IVERD r 0 v E R C* M -0i on Road Overpass-OOT#7475X 1z :.,. 00 0 z 0�- RR MP 641.10-Riverside Industrialead Existing Grade Separation Crossing % 4. Reconstruction&Mdening Project C,\.r y e 1 �4 S --4LM AVE1 Griii�dTe ilice L= W ME RA�7-L-S A 1K rH M ON 4 EkSEN CT e" 2 0RAYqk—WOOD Cr A, DE BERR'�*sP ::1 X— DE BERRY SiST WREN ST # U Riverside Industrial dad;(l i M mi 0�q ,V=L� ;=-=��DIN�L 7r, "n J IF C T 14 L 2 13 ..'ZOdryl X" DOVE,Sr -6 V L :.3. k QJ, . op '3%1 V T M 19 "1 - n 3 1L 1 M LADERA ST C>' � m _ROBIN WAY a- ----------------- ----------- AIR MAIN ST ----------- ARLISS ST 11 F:C�111.0i:TA AY !F Data use subpa to Isere. 0 2OD7 Def-mile.Stied AUM USAO 2DJ8. Y B low 2= www'debrm cam AN 6-E) Dole Zoom 134 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A99 1. Engineering Design Review, Inspection&Flagg g. tin UNION PACIFIC RAILROAD COMPANY RIVERSIDE INDUSTRIAL LEAD MILE POST 54 1.10 GPS:N 34'02.0334', W 1170 19.7784' GRAND TERRACE, SAIN BERNARDINO Co.,CA. To accompany Contractor's Right of Entry Agreement with (Name oj-Contractor) for an existing grade separation crossing reconstruction and widening project. Folder No 2180-69 17)ate I)ecember 3,2009 WARNING IN ALL OCCASIONS L,p I-C'NlNfLMCATIONS DEP�--Rl-\IENT VUST FE CONTkCTED IN ADVANCE lj.,F -+Y'Wu&K TO uErFR%ffNE EXISTENCE AJNTI LOCA ROK OF FIBER UP FIC C.2�LLE. PFIi-,NE. 1-(800)Sin-9193 '17 PVCC 21.55.00 PVRC 22+85.00 PVCC 19.69.00 EIOV 978.57 Eley 974.56 Elev 97B.ZQ 130.5 VC 180.00 VC 961.38 186.00 VC 2_I6."U Z 16.DU VC FIC-1.9sx/Sto RC.-2.21%/Sto .7 90% utility, RC-2.157/sla PROFILE GRADE 1) 1-6- die conduit frr 0660g. of 4 dic "-Slintl Ile scale EB - BB osu 35'-0 50.-a 55*-a' 45 YSE Borten Roca M$E call iL nest ___-- - -1 -- - - - . 48-10" U phyla on C 8'-0" 12-0" Cl Concrete C. of Abut 5 Barrier Croda ArPjPytrjjxerdjgv of Llecti. Abut I Pier 2 Pier 3 Pier 4 Type 26 0.ttmi Elev 930.OD ZI-00 22-00 19400 20+00 10.1Z' Min CIP/PS 11'pe 16.16' MOX Concrete SIOD w*---14.46* Min ELEVATION _ 26.57. Max '-zW 23.86 Min 35.97: Mqx :::--*-30 Us Min 36.92, Max -------------- ------------------ I L-------------------------------- Structure Approach 5 Too of slope Type 1,10051 Joe of 6iope MSE .011 rr Top of Slope TYPIUL SECTI'_)N lop of si,bje MSE wall 1+ 4 00 -----------T 26 19*59-00 i Elev 970.74 El.v 97T.96 ILwafil Dorton Road -----------ji.-------- ----- ----I-------I------ ZI+00 #90 H89*26 19400 zo*00 I Top of !j.028 2 ;4 USE wall Top of elope USE hall — Exist Brings removed Too of slope J_� 1�4 to be 44 E P Structure Approach loo L'f slope (D&GD) ExistUPRR [loin R LY1nAe Type N(305) SPUR Line j;,)Point "Tiout Barton Road Overhead" Paint "Bridge No. and year Completed PLAN • Indicates point of min vert clearance I,-zo, Fo r "General Notes", Standard Plans' Ono Index to Bridge Plans", set "Deck contours" brmGt —FIELD BOOK NOTES C111 OF Cable)19-i4l SIALEF 14P,40Y-11T PLA:,. ft.,mt.= DEPARTMENT OF PUBLIC TIORILS vkhCtWARK 7YLININTERNAUIONAL M—- 9 ,ses a. HEST BARTON ROAD OV E"HEAL H.TOLL FRI! —=wer --GENERAL A _8UQ Z;T-2600 h M X / M W I •�` r i l �oa ,v 4 dn aaa{T, I1 Re turn rol/! .-O L 24R LOL -E 69°26'20"E - hlls _ 1 / 19r60.547/ i 19+94.04 20,99 047 I 94-00 n I 21.42.547 G,Hasi Burton Rood- --"CNB�26'24"E j 20t0 21-00� v I I I 20+44.0 T I : I =9~ Return wall LGL Return roll LOL� NB9r26'24-: Z \\�✓� \-�_ 1 1 iSrai \ _ _ g`s�i'/��-�,/ .sv-ter• a i 1 x g F Ist UPRR Exist Bridge SPUR Line Exist UPRR 8 to be removed IAbonOonetl) Exin One r Q PLAN I" c 10' Notes+ / 1.1 - Indiures b0tom of fool ing elev0t;c!, 2. For Limits of excavation and bodxfl I not sn,... :erg 3 9 7 Y anue.o.a.m Jo. -Al... fans.xL1019 ua.t�rt■.utn arl FIELD BOOK NOTES '$1'W w.w"".4E SIREkT 1M1`11,.Ezta PLC AN$ r�- BENCHMARK - ____DEPARTENT OF PUBLIC WORKS',�,a TYLININTEIVIATIONAL n NE51 BARTON rt JAD OVERHEAT, la r FGIiNDAl";JN FLANZZT-2600m ...r. x A) D i PVCC 19.69.00 PVCC 21+55,00 PVC 1T+53.00 Elev 970.5T PVRC 14— GG PVT IT+S0.5p Elev 915.20 /EIrY 9I•i.56 Elev 965.56 Elov 96T.36 106.00 VC 2 130.00 VC 16.OU VC „I IO.1.UU SC *T.9B7. Rc=-2.T5%/Sfa RC--1.98%/Sto RC-- .217✓Sta lam_ 175.00 VC -- PROFILE GRADE 125'-0" 141=9"_ (Measured along NW LOL) Eno roll l Meusure0 along NE LOL) EnJ •all �- Begin.OII �-Dayln tall 200'-0" �.d t Begin.all IM E all eosurea along SW LOL) (Measured along SE LGL) i G= ===tl -r=_f ZZ= Ll- -Ll-k=-}_-_ --3--_--_- ApprOX OG alOnV -•+r-' 1—V—� r lgnt edge of MSE .all - 8otom-HaT-9j�:d r r w 17+00 18-00 19.00 22t0O 23+00 ELEVATION, MSE WALLS M 1• 2D' J 9 tl••yin .oil End .911 Begin ■all EI •all 'S.25' 1.1 25.25 Lt 25.25' Lt It Slo 16+2T St; 13+52 Sto 21.50 5+., :2+93.I5 Too of slope Too of slope Top Of slope lop of slope C 1 _ _ �—) —. ti Hoar Osman Raad I tiNest Barton -- - ND9'26'24-E I NB9'26 24"E 17+00 n IB+00 19-00 I 22t00 23400 1 I , Top of slopes Top of slope Begin wall Entl all Begin roll -n.; "•JII 21.25' flt 21.25' R+ Beg25' Pi Too Of slope Sto 17+52 Tao of slope Sto 19.12 StO 21+50 \`S,u 22+n:.5, PLAN, MSE WALLS 5 1•.2D' 9 y For Bl Notes se Plans' ono Index to Brltlg. Plans", see 'Oath Contours' sheet y BENCN4ARK r�"^M'r"Nro u tP$rt4911lo.vl FIELD BOOK NOTE inf ar '�' a.oa pra.,na 5.rrlco.late �,� $7REE7 :yPRolLUEnT PUNS ��N{� DEPARTMENT Of PUBLIC WORKS _ Cy`] caul Tau P.EE iym, R o...rr W-UNINTERNATIONAL oarPe..r.PPu n WEST BAH TUN fiGAD OYEHNEaU a� F 227-2600 „��N^°• +' � GENERAL PLAN-2 ia. CD = n.ar•o u.a meat nv w - _ x TD = CL EXHIBIT 8 TO CONTRACTOR'S R!CHT OF FNTRY AGREEMENT FNERAL TERMS AND CONDITIONS Sr.-cticn 1. NOT!CE OF ::CMIVIENCEMEN'CF WORK - ='_AGGING. A. Contractor agrees o notify the Railroad Representative at least ten(10)working days in advance of Contractor commencing its work and at least ten(10)working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five(25)feet of any track,or will be near enough to any track that any equipment extension(such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed,and no person,equipment,machinery,tool(s),material(s),vehicle(s),orthing(s)shall be located,operated,placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason, unless and until a Railroad flagman is prcvided to watch fcr trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs,to implement any special protective or safety n neasures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad,unless Railroad and a federal,state or local governmental entity have agreed that Railroad is to,bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty(30)days of Contractor's receipt of'billing. If Railroad performs any flagging,or other special protective or safety measures are performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the-time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation,supplemental pension,Employees Liability and Property Damage and Administration.will be included,computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays,and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time,by law or by agreement between Railroad and its employees,and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor(or the governmental entity,as applicable)shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work ,even though Contractor may"not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements,Contractor must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee,even though flagging is not required for that period. An additional ten (10)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct,maintain,repair,renew,use,operate,change, modify or relocate railroad tracks,roadways,signal,communication,fiber optics,or other wirelines,pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those.in favor of licensees and lessees of Railroad's property,and others)and the right of Railroad to renew and extend.the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and Property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative Nothing shall be done or permitted to be done by C .Documents and Settingsllandl 12My Page 1 of 3 Exhibit B ,,ocuments',Favorites�Agreement Forms',Road General Terms and Conditions Crossing Contract Forms'Public Road Crossing Fxms`,Public Road Crossing-New Overpass Al Contractor at any time that would in any manner impair the Safety of such operations. When nct,n use, C.:;ntractor's machinery and materials shall be kept at least fifty 150) Feet from the centerline of Railroad's nearest track, and there shall be no,,rehicular crossings of Railroads `racks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad perscnn2l?rd delays in the wor k to ce performed by Contractorcaused by such railroad operations and work are expected by Contractor, and Contractor agrees that railroad shall have no liability to Contractor,or any other•person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and'third parties so as to avoid;nterference'Kith railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or,enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad'from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing ou such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of recc Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours(7.00 a.m.to 9,00 p m.Central Time,Monday through Friday, except holidays)at 1-800-336-9193(also a 24-hour,7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable,for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement,Contractor shall indemnify,defend and hold Railroad harmless from and against all costs,liability and expense whatsoever(including,without limitation, attorneys'fees,court costs and expenses) arising out of any act or omission of Contractor,its agents and/or employees,that causes or contributes to(1)any damage to or destruction of any telecommunications system on Railroad's property,and/or(2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's prop Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revc..__ or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section S. PERMITS-COMPLIANCE WITH LAWS. ; In the prosecution of the work covered by this Agreement,Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws,regulations and enactments affecting the work including,without limitation,all applicable Federal Railroad Administration regulations. ;Section 7. SAFETY. A. Safety of personnel,property,rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating,maintaining and supervising all safety,operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B Without limitation of the provisions of paragraph A above,Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration.reportable injuries. 'Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work the"Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the `Documents and Settings,landl 12\My Page 2 of 3 P_xhibit B r,ocuments\FavonteslAgreement Forms�Poad General Terms and'Canditions Crossing Contract Forms',Public Road Crossing Forms\Public Road Crossing-New Overpass fety Plan. The terms of this Agreement shall control if there ara any,nconsister.cies between this Agreement and the Safety - \n. Section 8. '-JtDENINITY. A. T the extent not er:;nibi`.ed by applicable statute Contractor shall indemnify, defend and hold harmless Rai!rc-ad, its af`:liates, r, d its and their officer,agerts and employees! -:_'ividu,ally an"Indemnrf!eu Pai'y"and coi!ectively"Irc-�mnified 0ar`ies")from u.,d against any and all ,oss, damage, irnury,liar - r/, claim, demand, cost or e,cpense tincluding, without!imitation, attorney's, cans,iltant's and experts fees, and court costs;, fi,,e or penalty(col!ectively, "Loss") incurrod by any person (in Juding,without limitation, any Indemnified Party, Contractor,or any employee of Contractor or of any Indemnified Party)arising out of or in any manner connected with (i) any work performed by Contractor, or(ii) any act or omission of Contractor, its officers, agents or employees, or(iii) any breach of this Agreement by Contractor B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified 'party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court orjury findings in any employee's suit pursuant to any worker's compensation actor the Federal Employers'Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor,then in that event Contractor shall,as soon as ?ossible and at Contractor's sole expense,restore such fence and other property to the same condition as the same were in before Such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment,rubbish and other materials from Railroad's property promptly upon completion of the work,restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION- ENTIRE AGREEMENT. No modification of this Agreement shall.be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations,understandings or agreements,whetherwritten or oral,with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT -SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement,or any interest therein,without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall,except to the extent prohibited by law;(1)require each of its subcontractors to include the Contractor as"Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with"Contractual Liability Railroads"ISO Form CG 24 17 10 01 for a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with 'Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site r \Documents and Settings\land112Wy Page 3 of 3 Exhibit B Cocuments\Favorites',Agreement Forms%Road General Terms and Conditions Crossing Contract Forms\Public Road Crossing ForrnslPublic Road Crossing-New Overpass Al EXHIBIT C TO CCNTP.ACTCR'S RIGHT OF ENTRY AGREEMENT CONTRACT INSURANCE REQUIREMENTS Contractor shall,at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction,the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability (CGL)with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than$10,000,000, CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 2417 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Railroad Company Property'as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage)showing the project on the form schedule. B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 0110 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto(including owned, hired and non-owned autos). The policy must contain the following endorsements,which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form,providing equivalent coverage) showing"Union Pacific Property"as the Designated Job Site. • Motor Carrier Act Endorsement- Hazardous materials clean up(MCS-90)if required by law. C. Workers' Compensation And Employers' Liability Insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. Employers' Liability (Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit$506,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be:provided. 'Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement,which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A(or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage). D. Railroad Protective Liability Insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured,with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella Or Excess Insurance. If Contractor utilizes umbrella or excess policies,these policies must"follow form'and afford no less coverage than the primary policy. F. Pollution Liability Insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04(or a substitute form providing equivalent liability coverage),with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the lob site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of$1,000,000 per loss, and an annual aggregate of$2,000,000. Doc inerts and F,ettingsl;andll'My Page 1 of 2 Exhibit C Do.umeras,FavonleslAgreement Fcrms,Road Crossing Contract Contract Insurance Requirements FnrmsTi.blic Road Crossing Forms\Pubiic Road Crossing-New OTHER REQUIREMENTS (;. All pclicy(ies; required above (except worker's compersation and employers liability) must include Railroad as "Ad:itional 'assured" using iSO Additional Insured CG 201 26, nd CA --T •43 (or sl..bs:itt"t-3`crms providing equivalent coverage). The'overage provided to Railroad as additic;,al insured shall,to the extant provided under ISO Additional Insured Endorse; ent CG _0 26,and CA 2C 43 provide coverage for Railr^ad's negligence whether sole or partial,active or passive,and shall not be iimited by C.Controctor's ;lability under = in.-demnity provisions .:`this Agreement. H. Punitive damages exclusion, if any, must be dele- A(and the daletion indicarad on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery,and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s)of insurance,executed by a duly authorized r::presentative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A-and Class VII or better,and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3na Se!Lrgs'lana' Page 2 of 2 exhibit C ]uiT1EHIs',F3vantes'Agre2n,ent Furns,P,oaa crossing convict P,—n ,P'ihac Road Crnsamn FnrR..%•Pi,ohc Road Croscinn-New Contract Insurance Requirements A[; EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREENIENT "AINIMUM SAFETY REQUIREMENTS The term"employees"as used herein refer to all employees of Contractor as well as all ampioyees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI)for occupational and educational eye and face protec Z87.1 —latest revision. Additional eye protection must be provided to meet specific job situations such as welding,grim etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers • 150 feet of retarders in use(when within 10 feet, employees must wear dual ear protection—plugs and muffs) (iv) Other types of personal protective equipment,such as respirators,fall protection equipment,and face shields,must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations— 49CFR214,Subpart C and Railroad's On-Track Safety rules. Under 49CFR214,Subpart C,railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority,which tracks may or may not be fouled,and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines While working or traveling. IV. :=guipment ' A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's r.Documents and Settings4andt7_•My Page 1 of 2 Exhibit D Documents+FavontesWgreement Forms\Roaa Crose,rg Contract Minimum Safety Requirements ormsWuclic Road Crossing ForrnstPubtle Rcad Crossing-New A property In,addition Contractcr must ansum T@t the operators of—all equipment are pr perly;rained and cornpetant in the safe operation of the equipment. !n addition, operators must be: (i) Familiar and comply with Railroad's rues on iockOL1Yt3gc1Jt of equipment. r,i) Trained in and comply with the applicable operating ru!es if cpei sting any by-rail equipment or,-track. (iii) Trained in and comply with the applicable air brake rules if operating any equipment that m,Dves rail cars or any other rarlbound equipment. G. All seif-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning cevice. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five(25)feet from any track. Before leaving any equipment unattended,the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. r 1. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative,if applicable. During this briefing,the Railroad Representative will specify safe work procedures,(including On- Track Safety)and the potential hazards of the job. If any employee has any questions or concerns about the work,the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track,at any time,in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars,engines,roadway machines or work equipment,leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under,or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Gocunen(s and 3a1N)g5Q3ra1+_Idy Page z of 2 Exhibit D ri,rentsirawnres'•Ggree*ere F.r:siRaaC Crossinq Contract F inslPubnc Road;ressing For:os\P..onc Road Oressng•New Minimum Safety Requirements A7 AGENDA REPORT ILII' RVIA MEETING DATE: March 23, 2010 Council Item (X) CRA Item ( ) TITLE: Irrevocable Offer and Acceptance of Dedication at 22195 McClarren Street, Grand Terrace, CA PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: 1. Adopt Resolution No. Accepting the Irrevocable Offer and Acceptance of Dedication for Public Road Improvements. 2. Direct the City Clerk,to Record the Irrevocable Offer and Acceptance Dedication after the Mayor has signed the document. BACKGROUND: An offer of street dedication for public street improvements has been submitted to the City as part of an application to improve right-of-way at 22195 McClarren Street, Grand Terrace, CA. The dedication documents have been prepared by W.J. McKeever Inc., and reviewed and approved by the City Engineer. The Grant Deed has been signed by Mary C. Smith, VP of Loan Documents for US Bank National Association, as Trustee for the holder of Bear Stearns Asset Backed Securities I Trust 2006-IM L DISCUSSION: Offers of Dedication are presented to City Council for approval prior to permits being issued for work in the right-of-way. After the dedication is approved by the City Council, the Mayor will sign the Grant Deed that will be forwarded to San Bernardino County Recorder's office for recording. FISCAL IMPACT: All costs associated with the offer and.acceptances of dedication are covered by fees paid for the dedication process and permit to construct. COUNCIL AGENDA ITEM! NO. 3 F 1 Respectfully submitted, Richard Shields, Director of Building and Safety/Public Works Manager Approval: Betsy . Adams City Manager ATTACHMENTS: Resolution No. Performance Bond No. 781761 S Labor and Materials Bond No. 781761 S Grant Deed RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, APPROVING THE OFFER OF DEDICATION FOR 22195 McCLARREN STREET, GRAND TERRACE, CA. OWNER APPLICANT WHEREAS, the applicant, US Bank National Association, As Trustee for the holder of Bear Stearns Asset Backed Securities I Trust 2006-IM1, has provided an Irrevocable Offer and Dedication of right-of-way at 22195 McClarren Street in the City of Grand Terrace, CA for construction of curb, gutter, sidewalk and road improvements. WHEREAS, the submitted street dedication documents have been approved by the City Engineer. WHEREAS, a faithful Performance Bond has been submitted along with a Labor and Materials Bond as listed below: Performance Bond No. 781761 S Labor and Materials Bond No. 781861 S NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace that the City Council approved and.accepted the faithful performance Bond and the Materials and Labor Bond for the street improvements. BE IT FURHTER RESOLVED that the Mayor be authorized to execute the approval for documents to be presented to the San Bernardino County Recorder's Office for recordation. APPROVED AND ADOPTED this day of March, 2010. Maryetta Ferre' Mayor ATTEST: Brenda Mesa, City Clerk "CORRECTED ORIGINAL- LF INSCO INSURANCE SERVICES, INC. Iri5CC�1C0 Underwriti"g Lftinager for: o e Developers Surety and indemrtty Company Indemnity Company of Californls i 17780 Fitch,Suite 200•Irvine,Calffomia 9M14•(949)263-3300 SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND BOND NO. 781761 S PREMIUM INCLUDED IN I. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, PMC Construction as Principal. and Indemnity Company of Califomia a corporation organized and doing business under and by virtue of the laws of the State of Calif0mia and duly licensed to conduct a general surety business in the State of Califontia as Surety,ate held and firmly bound onto the, CftYcf Grand ermce ! as Obligee,in the penal sum of "Twenty Thousand Three Hundred and 00110V 101 )DOLLARS. for which payment,well and truly to be made.we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whmeaa the above-named Principal,has entered into an agreement which is made a part of this bond with the City of Grand 1Terraca State of California,as Obligee,for the designated public improvements in the subdivision identified as Construct standard curb,gutter,concrete driveway approach and sidewalk per approved plans at 22195 McClarren ,as required by the Govenimetit Code of California. , i Whereas,under the terns of said agreement,principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the CitY of Gram Terrace to secure the claims i, to which reference is made in Title 15(comnmencing.vrith Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now,therefore,said principal and the undersigned,as surety,are held firmly bound unto the City of Grarid Team* and ap contractors,subcontractors,laborers,matmialmen and other persons employed in the performance of the aforesaid agreement and referred to in the afbmsaid Code of Civil Procedure for material furnished or labor thereon of any kind,of for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the penal sum hereinabove set forth,and also in case suit is brought upon this bond,will pay.in addition to the penal stun thereof,costs and reasonable expenses and fees,including reasonable attorneys fees.incurred by City of Grand Terrace in successfully enforcing such obligation,to be awarded and fixed by the court; and to be taxed as costs and to be included in the judgement therein rendered. i It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corpatatiantI entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation&ball become null and void,otherwise it shall be and remain in full fonx and effect. i' The surety hereby stipulates and agrees that no change,extension of time;alteration or addition to the terns of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change;extension,alteration or addition. In witness whereof,this instrument has been duly executed by the principal and surety above named,on March 15,2010 PRINCIPAL MC Construction SURETY:Indemnity Company of Califomia k) :f .' ?at canton / William Rapp Attorney-in-Fact I0-1093(CA)SubdvWon tabor and Malarial Bond.(REV.1101) i INSCO INSURANCE SERVICES, INC. Undwwrinng manaier for: ��O Developers Surety and Indemnity)Company Indemnity Company of Ca nwria 17780 Fkh,Suite 200•Irvitw,California OW4•(949)263.= PERFORMANCE BOND—PUBLIC WORK Bond No.781761S $ W9•00 ' .premium is for contract term and is subject to adjustment based on final Contract Price. KNOW All MEN BY THESE PRESENTS:That we, PMC CONSTRUCTION As Principal,and INDEMNITY COMPANY OF CALIFORNIA ,a corporation duly authorized under the laws of the State of CALIFORNIA to bewns surety on bonds and.undertakings,as Surety,are held and firmly bound unto CITY OF GRAND TERRACE As Obligee In the fun and just sum of TWENTY THOUSAND-THREE HUNDRED AND NO1100 Dollars,($20•3W•00 ),lawful money of the United States of America,to be paid to the said Obligee,successors or assigns;for which payment,well and truly to be made,we bind ourselves, our heirs, executors. successors,administrators and-assigns,jointly and severally.firmly by these presents. The dated oMndition ARCH f H,20 pgoing obligation Is such whereas IW the Ob bounden Principal has entered Into a aontra4 r ogee to do and perform the following work,tD-wlt: Construd slandard curb,gutter,concrete driveway approach and sidewalk per approved plans 22195 McClarren as Is more specifically set forth in said contract,to which contract reference Is hereby made; Now therefore.If the said Principal shalt well and truly perform the work contracted to be performed under said contreA in accordance with the plans and specifications,then the above obligation to be void, otherwise to remain In full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this IM day of MARCH 2010 YEM PMC CONSTRUCTION INDEMNITY COMPANY OF CALIFORNIA Principal By A L& WILLIAM RAPP Attomey-in-Fact ID-1219(CA)(REV.2101) � I it WHEN RECORDED MAIL TO: . I City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 I . ,I .QRAr P AROVRTHIQ I MM Rr1R Rrr-0RnPR'Q IIQP ' GRANT DEED e z aZ S APN 0275-242-17 Q c c O o ;) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Grand �I N Terrace, a Municipal Corporation.' y US Bank National Association, as Trustee for the holder of Bear Stearns Asset Backed c� Securities I Trust 2006-IMl;GRANTS to the City of Grand Terrace, a Municipal m 'i Corporation for Public Streets and Public Utili Purposes: the real property in the City of Grand Terrace, County of San Bernardi E 'forma as described per attached m Exhibit"A" A ti9�yG' � y 4` Signature(s) of Grantor(s) l 5 i R Y C. Sr;.T/q Lc>6zn be pU 4�G C - �2 /9�i Print Name and Title 6 Signature and Date j K C i . DATED: CITY OF GRAND TERRACE 1� *ATTEST $y Brenda Mesa, City Clerk Mayor, City of Grand Terrace City of Grand Terrace STATE OF CALIFORNIA ) SS. COUNTY OF SAN BERNARDINO } On before me, Personally appeared Who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within and ' 1 acknowledged to me that he/she/they executed the same in his/her/their capacity(ies)and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I I. { Signature 'i (This area for official notarial seal) ' I { MAIL TAX STATEMENT AS DIRECTED ABOVE tl Y MARYLAND FREDERICK COUNTY `• ``��� �C I, �'VI �-''�'� 2h�s . a Notary Public for said. County and State, do hereby certify, that Tammy Stine personally came before me this day and acknowledged that she is Assistant Secretary of WELLS FARGO BANK,N.A, and acknowledged, on behalf of WELLS FARGO BANK,N.A.,the due execution of the foregoing instrument, Witness my hand and official seal,this l 8`' day of Sept.2009 Notary Public My commission expires: WILLIOAM F.TARY HORMCES III FREDERICK COUNTY MARYLAND MY COMMISSION EXPIRES MARCH25,2D12 7 EXHIBIT"A" LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: THE NORTH 10.00 FEET OF LOT 4 OF G.M. CURTIS,TRACT 2966, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, CALIFORNIA AS PER MAP RECORDED IN BOOK 40, PAGE(S)46, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0275-242-17 MORTGAGE BANKING COMMITTEE I OF THE BOARD OF DIRECTORS ACTION BY WRITTEN CONSENT September 1,2009 The sole member of Mortgage Banking Committee I of the Board of Directors of Wells Fargo Bank,National Association (the"Bank"),a national banking association,hereby consents to the adoption of the following resolutions; WHEREAS,in the normal course of business,employees of the Bank need to execute various documents in connection with closings for the sale of real property, contracts and addenda; and are required to present certification of their authorization authority; WHEREAS,these actions will be best and most efficiently accomplished by a confirmation of existing corporate officer authority to execute individual documents on behalf of the Bank, and the appointment of Designated Signers with authority to execute individual documents on behalf of the Bank. RESOLVED,that the Bank confirms the authority of the following officers,to execute all instruments as authorized under their officer title pursuant to the General Signature Resolution of the Mortgage Banking Committee I on behalf of the Bank: Burkett,Melanie Vice President Brownley,Nancy Assistant Vice President Cline-Smythe,Desmond Vice President Loan Documentation Curtis,Ami Vice President Loan Documentation Greenup,Brent Vice President Loan Documentation Presley,Jennifer Vice President Loan Documentation Sharp,Jennifer Vice President Loan Documentation Smith,Mary C: Vice President Loan Documentation Wenk,Erick Vice President Loan Documentation Bruchey,Leah Assistant Secretary Moldovan,Cindy Assistant Secretary Shugarts,Bonita Assistant Secretary Stine,Tammy Assistant Secretary Welter-Smith,Julie Assistant Secretary RESOLVED,that the following employees of the Bank are elected as Designated Signers for the Bank and authorized to execute any instrument relating to the origination, closing and servicing of Conventional, FHA-insured, or VA- guaranteed mortgages,including deeds and conveyances of real property acquired through foreclosure on behalf of the Bank: Beardsley,Charles Ryan Gaylor,Eileen Murphy,Daphne Compton.Lisa Gill,Janet Myers,Brenda Cosley,Regina Gilman,Gretchen Pelletier,Aysem Cover,Kim Govani,Hollie Podleiszek,Chris Culley,Laura Hahn,Jennifer Schafer,Michelle Day,Brigitte Hiatt,Michael Schissler,Bev Delauter,Brenda Hormes,Bill Schriver,Kevin Dennis,Stacy Kendall,Donna Schultz,Michelle Denny,Nicole Keyser,Kristi Sherrill,Sheila Devlin,Shelley Kober,Marijo Smith,Joe Dodson,Melinda Launder,Maria Stottlemyer,Shanon Dumbroski,Dawn Luaces,Gayle Sweeney,Jessica Edens,Stacy Masser,Pamela Taber,Amber Edleblute,Lindsey Mautz,Susan Toms,Jean Ferree,Lora McGargle,Kim Washburn,Jennifer Fitzgerald,Edith Mitts,Angie West,Donna Franklin,Diane Moore,Rob Wolfe,Theresa Frevert,Michael Moss,Mike RESOLVED,that each indiividual's authority as an Officer or Designated Signer of the Bank as aforesaid shall terminate automatically upon the termination of such individual from employment with the Bank. The above resolutions were adapted by the sole member of Mortgage Banking Committee I of the Board of Directors of Wells Fargo Bank,National Association and are effective as of the 181 day of September,2009 T Q l SECRETARY'S CERTIFICATION I {(zTYtrn Assistant Secretary of Wells Fargo Bank, N.A., a national banking association,do h4reby certify that the foregoing is a full,true and correct copy of the resolutions adopted by Mortgage Banking Committee I of the Board of Directors of Wells Fargo Bank, N.A., as of September 1, 2009; that said resolutions have not been amended or revoked and that the same are,on the date of this certification,in full force and affect. //qq WITNE�>��� ��D THE SEAL OF THE BANK,this j g day of =009 '...! Q a :.-Or T Historical & Cultural Activities Committee 2010 February 1, 2010 CITY OF GRAND'TERRACE CITY CLERK'S DEPARTMENT The meeting was called to order at 7:10 p.m. by Chairperson Pauline Grant. Those present were Pauline Grant, City Clerk Brenda Mesa, Masako Gifford, Peggy Reagan, Shelly Rosenkild, Ann Petty, Gloria Ybarra and Frances Carter. Secretary's Report: The minutes for January 4, 2010 were read and approved on a motion by Frances,seconded by Ann. All in favor. Motion carried. �1 Treasurer's Report: The budget shows a balance of$ 936.16. The Petty Cash balance is $ 193.41. Shelly was reimbursed$ 65.20 for balloons purchased for the Potluck. d After discussion, the committee unanimously agreed to keep the annual stipend from the City the same at$ 1,200.00 for the 2010. fiscal year. Masako reported that the supplies are well stocked at this time. Historical Report: No report for February 1, 2010. New Business: 26 h Annual Art Show, May 2, 2010 Ann advised that she is currently,contacting prospective participants for the'Show. Shelly will have the applications ready for the next committee meeting. She will tend to the advertising of the Show in the local newspapers,cable, etc. The billboards used previously will be used this year as will the name tags. Gloria will tend to-the invitations of the Show. More discussion concerning the Art Show will follow at the next committee meeting. The meeting was adjourned at 7:40 p.m. The next committee meeting is scheduled for March 1, 2010. R ectfully Submitted, 3 Gloria Yb a Secretary COUNCIL AGENDA ITEM NO. �C COMMUNITY EMERGENCY RESPONSE TEAM f � MINUTES DECEMB R 1 2009 i r r f;r GRANu 'rERRACE I ry r,, F-9K'S OFPARTMENT Members present: Randy Halseth,Jeff Allen, Debra Hurst, Matt Wirz, Barbara Smeltzer, Mil Herman,Jim Stamm, Peggy Witt, Bernie Urrea,Adele Urrea,Joe Borrielli,Thomas Schwab, Sandy Luckman, Lew Neeb,Vic Pfenninghausen,Jim Vert,Glenn Nichols. Members absent: Sue Taylor,Andrew Anaya, Oscar Santana, Bernard Ojeda,Joanne Thoring, Helen Ramos, Bill Fenn, Philomene Spisak, Ken Smith, Margie Miller, Barrie Owens, Dragos Barbu,James Monroe, Cliff Homan, Doug Von Kriegelstein, Lynette Sandiford, Hanni Bennett, Shannon Bryant,Walt Stanchiewitz, Monique Stanchiewitz, Lee Ann Garcia,Tom Roberts, David Ortiz, Larry Boutcher, Ingrid Clark, Nick Calero,Terri Robb,Joyce Widenauer. Meeting was called to order at 7:OS pm by Randy Halseth. Flag salute was given. Introduction of new member Joe Borrielli. Agenda for the December 1,2009 meeting was approved by members present. Minutes for the November 3,2009 meeting were approved by members present. Treasurers Report: Ending combined balance as of 12/01/09 is$8,341.68. Training was how to make several types of knots. Randy Halseth demonstrated the strength of certain types of knots to use in different situations. The Country Fair was held on November 7, 2009. A table was set up with materials available to be handed out for those interested. Doug is still working on getting a class together for Ham Radio. Mil Herman obtained his ham radio license from Corona. The money from the$8,000.00 grant that was obtained with the help of Neil Derry has been set up thru the City. Randy,Jeff and Oscar are in the process of getting the items of the approved list of supplies. There being no further business to discuss, meeting was adjourned at 8:00 pm. COUNCIL.AGENDA ITEM NO. 1 NEXT MEETING JANUARY 5, 2010 7:00 PM CITY HALL Debra Hurst Secretary COMMUNITY EMERGENCY RESPONSE TEAM MINUTES JANUARY 5, 2010 CITY OF GRAND TERRACE 'ITY CLEWS 0E-PARTMENT Members Present: Jeff Allen, Debra Hurst, Oscar Santana, Margie Miller, Jim Stamm, Barbara Smeltzer, Peggy Witt, Nick Calero, Larry Boutcher, Hanni Bennett, Joe Borrielli, Andrew Anaya, Joe Ramos, Glenn Nichols, Matt Wirz, Sue Taylor, Vic Pfennighausen. Members Absent: Randy Halseth, Mil Herman, Bernie Urrea, Adele Urrea, Thomas Schwab, Sandy Luckman, Lew Neeb, Jim Vert, Bernard Ojeda, Joanne Thoring, Helen Ramos, Bill Fenn, Philomene Spisak, Ken Smith, Barrie Owens, Dragos Barbu, James Monroe, Cliff Homan, Doug Von Kriegelstein, Lynette Sandiford, Shannon Bryant, Walt Stanchiewitz, Monique Stanchiewitz, Lee Ann Garcia, Tom Roberts, David Ortiz, Ingrid Clark, Terri Robb, Joyce Widenauer. Meeting was called to order at 7:10 pm by Jeff Allen. Flag salute was given. Agenda for the January 5, 2010 meeting was approved by members present , Minutes for the December 1, 2009 meeting was approved by members present. Treasurers Report: Ending combined balance as of 12/29/09 is $8,341.68. Grant Money: Jeff Allen, Randy Halseth and Matt Wirz are finalizing the ordering of equipment and supplies from the approved list Larry Boutcher made a motion to have a triage nurse head an Ad Hoc Committee for the purchase of medical supplies, regarding whether to purchase sterile vs. non-sterile supplies. Hanni Bennett made the second. After discussion a vote was taken and motion does not pass. A new CERT training class is being scheduled for this month in Loma Linda. Several Grand Terrace residents (according to Sandy Luckman) have signed up for the training. Grand Terrace CERT will be having a training scenario later this month. Tentative date is 1-28-10. An email will be sent to members advising of date and time. There being no further business to discuss, meeting was adjourned at 8:00 pm. NEXT MEETING FEBRUARY 2, 2010 7:00 PM CITY HALL �C�r-ak?,H urs //, Secretary CITY OF GRAND TERRACE ECEIVED COMMUNITY EMERGENCY RESPONSE TEAM MINUTES FEBRUARY 2, 2010 ,XY OF GRANDI ERRAGE ;ITY(:f.ERK'c M :RT;1FN-i Members Present: Randy Halseth, Matt Wirz, Sue Taylor,Mil Herman, Barbara Smeltzer, Linda Carter, Sandy Luckman, Tom Roberts, Lew Neeb,Adele Urrea, Bernie Urrea, Michael Cerda, Hanni Bennett, Joe Borrielli,Andrew Anaya, Helen Ramos, Joe Ramos, C. Glenn Nichols, Jeff Allen,.Vic Pfennighausen, Peggy Witt. Members Absent: Debra Hurst, Oscar Santana, Margie Miller, Jim-Stamm,Nick Calero, Larry Boutcher, Thomas Schwab, Jim Vert, Bernard'Ojeda; Joanne Thoring, Bill Fenn, Philomene Spisak, Ken Smith, Barrie Owens; Dragos Barbu,James Monroe, Cliff Homan, Doug Von Kriegelstein, Lynette Sandiford, Shannon Bryant, Wait Stanchiewitz Monique Stanchiewitz, Lee Ann Garcia, David Ortiz, Ingrid Clark, Terri Robb,Joyce Widenauer. Meeting was called to order at 7:05 by Randy Halseth.. Flag salute was given. Introduction of Guests: Linda Carter from the Loma Linda class and Mike Cerda were introduced. Agenda for the Februa ry ary meeting was approved by members present. Minutes for the January 5,.2010 were approved by members present. Treasurer's Report: Ending combined balance as of December 1,2009 is $16,341.68. Randy will put in a request for tools and supplies to spend the$4444.10 balance in the appropriated account. The$8,000.00 from Supervisor Deny will be used to stock the trailer. Training: Jeff Allen gave a 15 minute training on marking buildings. Fundraising: No report given. Old Business: A. CERT Training Class- Loma Linda class has been cancelled. B. CERT T-Shirts/Hats for Sale C. CERT Booth for Market Night- CERT has not been attending. The city may not continue with Market Night. D. CERT Supplies for Trailer- List was provided and the item will go to City Council on February 9`h for approval of the expenditures. Once approved, the order will be placed. 5 1 I E. Full Training Session- January-28, 2010- 18 people attended, 12 were from the Loma Linda CERT. I tj New Business: A. Walk up Blue Mountain- March 13, 2010- CERT will have radios and man the water stations. Need volunteers to work that day. A list was passed around for signing up. F B. Vic Pfennighausen was introduced- Vic talked about the AM Radio Station in the EOC building. The City and the CERT provided the funds for it. j C. Randy suggested that we plan a picnic for all CERT members in June at j r Rollins Park: Sue Taylor offered to plan the event, but will need help from j1 f other members. i r D. Matt Wirz reported that outside storage is needed for the CERT. May i consider storage outside of the city yard in case we can't get there. We could purchase an 8x8 storage shed like the one at the Senior Center and place it next to the EOC Building. Member Reports: A. Sandra Luckman shared information on strapping furniture down. i B. Jeff Allen reminded members with radios to participate in the Monday radio check. C. Barbara Smeltzer complimented Randy on the January 28`h training class. i �I I 4 ' I I� d I 'I I i I � I II li { I I ' I J {j I ' it I 1 - i I it I 1 i E wi F;�f� AM ._fw�u::.v.trHNIA AGENDA REPORT MEETING DATE: March 23, 2010 Council Item( X ) CRA Item ( ) TITLE: Animal Control and Shelter Services PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: 1. Approve the attached Professional Consultant Services Agreement in the amount of$104,184 per year-between the City of Grand Terrace and the City of San Bernardino to provide animal services for a three-year period, and authorize the City Manager to execute the Agreement. 2. Appropriate $11,113 from General Fund Reserves to the Public Health-Animal Services account for the remainder of Fiscal Year 2009-10. �J BACKGROUND: The City of San Bernardino currently provides animal shelter services to Grand Terrace for $24,414 per year. The City of Colton has provided animal control services for$43,000 per year. On December 17, 2009, the City of Colton notified staff that they would need to reduce service hours from seven days per week to four days, per week due ,to staffing cutbacks.' Colton also would no longer be able to offer after hours services. On January 21, 2010, staff issued a Request for Proposals for animal services to four area agencies, after pre-qualifying several agencies by phone. Subsequently, the City of Colton has notified staff that due to additional staffing cutbacks, they would no longer be able to service our City after March 31, 2010. DISCUSSION: The proposals were due by February 22, 2010, and three responses have been received, all for both animal control and sheltering services, as follows: City of San Bernardino: $104,184 annually, or $8,862 per month, which includes veterinary costs. Animal Control Officers will respond to calls between 8:00 am and 5:00 pm, Monday through Friday, and to emergency calls after hours, holidays, and weekends. The annual cost is $36,770 over the previous costs that included Colton's services. COUNCIL AGENDA ITEM NO. �DVA 1 County of Riverside: provided a cost for each call of $177, and $244 -for each impounded animal. Based on Grand ;Terrace's average number of incidents, the annual cost would be approximately $171,360. However, there would be no cap if the number of service requests were to increase. City of Moreno Valley the cost for animal control services would be $98,555 annually, plus $10,650 for sheltering. Any veterinary costs would be billed separately. The estimated total cost would be $110,005 per year, for a four-day week. However, their ability to staff Grand Terrace is dependent upon workforce decisions occurring in June 2010. it The County of San Bernardino did not respond to the RFP. Staff also inquired with the Humane Society, which did not offer these services. Based on staffs evaluation of the proposals, the City of San Bernardino is recommended to provide animal services for a period of three years, at an annual cost of $104,184. The Agreement would expire on April 1, 2013, and as proposed, allows the City Manager to extend the term up to two years. �San Bernardino's City Council is scheduled to review the attached Agreement on April 6,.2010. 1 FISCAL IMPACT: General Fund costs for this, contract for the remainder of fiscal year 2009-10 would be $26;046. Approximately $14,933 is currently available for animal services for April-June, 2010. A new 'G budget appropriation is requested for $11,113 for costs over the current animal services funds available, which would be transferred from General Fund Reserves to the Public Health-Animal. Control Account, pending the Council's approval. Respectfully submitted, -foyci Powers Community and Economic;Development Director it li Manager Approval: it Bets . Adams i; City Manager !. ATTACHMENT: Professional Services Agreement between the City of Grand Terrace and the City of San': j Bernardino .PROFESSIONAL SERVICES AGREEMENT City of San Bernardino Animal Control-and Housing Services THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this day of April, 2010, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a.public entity, and the CITY OF_SAN BERNARDINO, a public entity ("Service Provider"). 1. Scope of Services. City agrees to retain and does hereby retain Service Provider and Service Provider agrees ,to provide the services more particularly described in Exhibit "1", "Scope of Services and Fees", attached hereto and incorporated herein by reference, in conjunction with Animal Control and Housing Services ("Services"). 2. .Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "1" and the Agreement shall remain in effect until April 1, 2013, unless otherwise terminated pursuant to the provisions herein. This Agreement may be extended up to two years at the discretion of the City Manager and the acquiescence of Service Provider. 3. • Compensation/Payment. Service Provider shall perform the Services under this Agreement for fees not to-exceed$104,184.00 annually,payable monthly,.in accordance with the terms set forth in Exhibit "A". Said payment shall be made in accordance with the City's usual accounting procedures upon receipt and approval of an 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 either be personally.served or mailed first class, postage paid. Any notice given by mail shall be deemed given when deposited in the United States Mail, first class postage prepaid, addressed to the party to be served as follows: To City: To Service Provider: City of Grand Terrace City of San Bernardino City Clerk Attn: Sue Hoak, Manager, Animal Control 22795 Barton Road 300 North"D" Street Grand Terrace,California 92313 San Bernardino, California 92418 5. Prevailing Wage. Service Provider shall abide by all applicable labor laws. 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. Page.I,of 9 3 7. Standard of Performance. While performing the Services, Service Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Service Provider's. profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. R 8. Personnel.', Service Provider shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Service Provider recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. '~ i -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. Service Provider shall not subcontract any portion of the work required by this Agreement without prior written approval by the 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. Service Provider acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Service Provider; C and Service Provider'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.- Service Provider 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 Service Provider, or to Service Provider's employees, subcontractors and agents. Service Provider, as an independent contractor, shall be responsible for any and all taxes that apply to Service Provider as an employer. 11. Indemnification. II Service Provider agrees and promises to indemnify, defend and hold harmless City, its officers, elected officials, employees and agents, from and against all actions, causes of action; claims, demands, lawsuits,;costs and expenses and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising'out of, or in connection with, the performance of this Agreement; excluding such actions, claims demands, lawsuits and liability for damages to persons or property arising from gross-or willful misconduct of City, its officers, employees or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorneys fees. The costs, salary and expenses of any retained counsel and/or the City Attorney; and members of his/her office shall be considered as "attorney fees" for the purpose of this f paragraph. Page 2 of 9 i I City agrees and promises to indemnify, defend and hold harmless Service Provider, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses and liability for damages to persons or property that maybe asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, 'or in connection with, the performance of this Agreement, excluding such actions, claims demands, lawsuits and liability for damages to persons or property arising from gross or willful misconduct-of Service Provider, its officers, employees or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs'. salary and expenses of any retained counsel and/or the City Attorney and members of his/her office shall be considered as ."attorney fees" for the purpose of this paragraph. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Service Provider 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 Service Provider's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Service Provider 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 Service Provider pursuant to this Agreement .are adequate to protect Service Provider. If Service Provider believes that any required insurance coverage is inadequate, Service Provider will obtain such additional insurance coverage as Service Provider deems adequate, at Service Provider's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Service Provider certifies that Service Provider 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. Page 3 of 9 f� 1 I I Service Provider shall carry the insurance'or provide for self-insurance required by California I� law to protect said Service Provider from claim's under the Workers' Compensation Act. Prior to City's execution of this Agreement, Service Provider shall file with City either(1) a certificate of insurance showing that such insurance is in effect, or that Service Provider is self-insured for such coverage, or (2) a certified statement that Service Provider has no employees, and acknowledging that if Service Provider 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 Automobile Insurance. Prior to City's execution of this Agreement, Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement; ! automobile liability insurance as required to insure Service Provider 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 Service Provider. The City, and its officers; I. employees and agents,'shall be named as additional insureds under the Service Provider's insurance policies. ' 1 12.3.1 Service Provider'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 i not less than $1,000,000. All of Service Provider's automobile and/or commercial general liability insurance policies 'shall cover all vehicles used in connection with Service Provider's performance of this Agreement, which vehicles shall include, but are not limited to, Service Provider owned vehicles, Service Provider leased vehicles, Service Provider's employee vehicles, non-Service Provider owned vehicles and hired vehicles. I 12.3.2 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 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: � I 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 Service Provider 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 Service Provider's activities. I 12.5 Subcontractors' Insurance. Service Provider shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may l Page 4 of 9 i � 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 (except for a sole proprietor), Commercial General Liability, and Automobile liability. Upon City's request, Service Provider shall provide the City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 12.6 Certificate of Self-Insurance. In lieu of the foregoing policy(ies) of insurance, Service Provider may file a Certificate of Self-insurance with City to satisfy the insurance requirements under this Agreement. 13. Business Tax. Service Provider is a municipal government and exempt from the City's Business Tax. 14. Time of Essence. Time is of the essence for each and every provision of. this Agreement. 15. City's Right to Employ Other Service Providers. City reserves the right to employ other Service Providers in-connection with the Services . 16. Accounting Records. Service Provider. shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable. Service Provider shall allow a representative of City during normal business hours and upon reasonable notice to examine,.audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Service Provider 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 Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider, except as otherwise directed by City's Contract Administrator, or as provided by law. Nothing furnished to Service Provider which is otherwise known to the Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. Service Provider shall not use City's name or insignia, photographs of the Services, or any publicity pertaining to the Services 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 contracts and invoices prepared under this Agreement by Service Provider shall be and remain the property of City upon City's compensation to Service Provider for its services as herein provided. Service Provider shall not release to others information furnished by City without prior express written approval of City except as provided by law. 5 �j ,r 19. Conflict of Interest. Service Provider warrants that if Service Provider has any real property, business interests or income interests that will be affected by this project it will notify j City, or, alternatively,' that Service Provider will file with the City an affidavit disclosing any such interest. ;I 20. Solicitation. Service Provider warrants that Service Provider 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 `i paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate Fi this Agreement without liability and pay Service Provider only for the value of work Service Provider has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Service Provider 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. 1 I 2f. General Compliance with Laws. Service Provider shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those 4 employed by Service Provider, or in any way affect the performance of services by Service Provider pursuant to this Agreement. Service Provider 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 Service Provider and City. 23. Termination. City and the Service Provider, by notifying the other party in writing, shall have the right to terminate any or all of Service Provider's services and work covered by II this Agreement at any time. In the event of such termination, Service Provider may submit Service Provider's final written statement of the amount of Service Provider'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. l 23.1 Other than as stated below, City and Service Provider shall provide the other party thirty(30) days prior written notice prior to termination. 23.2 City may terminate this Agreement upon fifteen (15) days written notice to Service Provider, in the event: 23.2.1 Service Provider substantially fails to perform or materially breaches the I; Agreement; or 'j Page 6 of 9 23.2.2 City decides to abandon or postpone the Services. 24. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Service Provider and its permitted successors and assigns, and shall not be assigned by Service Provider, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 25., 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, or, if applicable, the United States District Court,-Central District 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. 26. Nondiscrimination. During Service Provider's performance of this Agreement, Service Provider 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, Service Provider agrees to conform to the f requirements of the Americans with Disabilities Act in the performance of this Agreement. 27. 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. 28. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Service Provider each represent and warrant that they have the legal power, right and actual authority to bind Service Provider to the terms and conditions hereof and thereof. 29. 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. Page 7 of 9 I i' 30. Interpretation. City and Service Provider 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. 30.1 . 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 j section numbers are to sections in the Agreement unless expressly stated otherwise. { !, 30.2 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 I 30.3 In the event of a conflict between the body of this Agreement and Exhibit "17 hereto, the terms contained'in Exhibit"1" shall be controlling. .i 31. No Third Party Beneficiaries.. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. d tl I 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: �i i Exhibit"1"—Scope of Work, Schedule, and Fees IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be duly executed the day and year first above written. i i CITY OF GRAND TERRACE CITY OF SAN BERNARDINO A Public Entity Service Provider By: By: City Manager City Manager f ;r i APPROVED AS TO FORM:- APPROVED AS TO FORM: 1 By: By: City Attorney—Grand Terrace City Attorney— San Bernardino i { I � I Page 8 of 9 I� it I I I I A P EXHIBIT "1" SCOPE OF SERVICES, SCHEDULE, AND FEES Page 9 of 9 11 i I l 'I I J EXHIBIT 1 I City of Grand Terrace Scope of Services, Schedule and Fees Animal Care and Control Program 1. City Ordinance The City of San Bernardino ("San Bernardino") will provide a comprehensive animal care and control program for the City of Grand Terrace ("Grand Terrace") under the provisions of the Municipal Code of Grand Terrace which prescribes procedures and standards for licensing, impounding, regulation and control of dogs, cats and other domestic and wild animals. San Bernardino Animal Control Department and its officers have the authority to enforce those codes relating to all matters of animal control contained in the Municipal Code of Grand Terrace, including any codes contained in any !' supplemental documents to Municipal Code of Grand Terrace related to zoning and development code that also affect animals. Further, Grand Terrace will consult with San Bernardino on any,proposed new ordinance or ordinance change dealing with animal. control matters. i 2. Term f The term of the Agreement shall be April 1, 2010 through April 1, 2013. I 3. Consideration i Grand Terrace agrees to compensate San Bernardino $8,682.00 per month for services and work products 'as defined in this exhibit for the period April 1, 2010 through April 111, 2013. i 4. Impound. Care and Disposal of Dogs and other Domestic and Wild Animals Subject to any exclusions, San Bernardino will operate an animal care and control program for Grand Terrace consisting of the following activities: field services, and shelter services. In the conduct of this program, San Bernardino will perform the ii following specific functions: (a) Enforce all provisions of Grand Terrace City Ordinances pertaining to animals, to include issuing warning notices or citations as necessary. San Bernardino may also file citations directly with the Court. The City Attorney for Grand Terrace will' process any legal action and appear in court, as necessary, on animal related cases. I; (b) Impound all animals caught at large and collect all impound fees assessed. ' j� (c) Remove dead animals from the public right-of-way, except state freeways. (d) Respond to requests for assistance in the trapping and removal of domestic ! animals from public or private property during normal operating hours. San I i� i - Bernardino will offer advice in setting a trap in any enclosed space and will remove wild animals (not including rodents or insects) caught in a trap or found inside any human dwelling. Animal Control employees shall not be required to maintain on-premise surveillance unless in the opinion of the Director of Animal Control or designee there is a direct, clear and present danger to human life. San Bernardino will provide traps for nuisance animals upon request. (e) Investigate reported animal bites and quarantine, as prescribed by law, all biting animals and animals suspected to be rabid. San Bernardino shall take appropriate steps consistent with the circumstances of each separate incident to , locate and impound the suspect animal or animals and or assist the complainant and or injured parry or parties to trap the suspected animal or animals. (f) Provide euthanasia services as required for animals held for the state-mandated legal holding period if these animals are not reclaimed by their owners and are deemed unsuitable or unavailable by San Bernardino for adoption. All impounded animals will be scanned for microchips. Animals with identification, licenses or microchips will be held up to ten (10) days and 'attempts will be made to contact the owner: (g) Respond to every call for service either by animal control officer, letter or phone, except for excluded items. (h) Cats: San Bernardino will not be.required to respond to calls of cats running at large, confined stray cats or-trapped cats. ;Traps for the purpose of capturing cats shall be made available- to the residents of Grand Terrace. Unless tom,' exceptional circumstances exist, residents of Grand Terrace shall be responsible for obtaining, monitoring and returning all traps used for this purpose: (i) All services available to San Bernardino residents for which there is a fee shall be made available to Grand Terrace residents for the same fee. (j) Grand Terrace residents may bring stray, .un-owned animals to the San Bernardino shelter at no charge to the resident. 5. Doa Licensina Grand Terrace residents redeeming their dog(s) will be required to pay a license deposit prior to the dog's .release. All licensing, deposits generated by Grand Terrace residents will be accounted for in monthly accounting statements provided to Grand Terrace by San Bernardino and remitted by San Bernardino to Grand Terrace on a monthly basis. 6. Animal Care Education.and Information Program San Bernardino will provide public educational/information programs to Grand Terrace Schools, City employee groups, service groups and other organizations, upon request. .7. Veterinary Services Program San Bernardino will provide private veterinary services for the care of injured and sick animals that are impounded. The cost of this service is included in the contract price. 2 A'] .I I I i I i 8. Staffing Level and Hours of Service it (a) Field Services i San Bernardino will provide routine field services for Grand Terrace Monday through Friday between 8:00 a.m. and 5:00 p.m. A more limited service is provided on -Saturdays, Sundays and Holidays. Calls to be considered routine -and to be handled during the normal course of the officer's shift and include: Confined strays } • Dead animals • Stray dogs running at large Humane/Animal Cruelty investigations • Animal bites • Wildlife in human dwellings (not including rodents or insects) • Miscellaneous calls such as pet shop investigations, sanitation complaints, it license checks, for-fee pick-ups, courtesy pick-ups, etc. After hour emergency call-out service is provided daily from 5:00 p.m. to 8:00 a.m. Grand Terrace may contact animal control field personnel via emergency pager, for after-hour service. A live after-hour answering service is available for Grand Terrace residents. j (b) Shelter Hours and Telephone Line: j c� J The San Bernardino shelter shall be open to the public Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. The shelter will, be closed on Sundays, Monday and holidays. The phone lines will be answered twenty-four hours per day' I' (c) Emergency After-Hours Procedures: The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or the City of San Bernardino Animal Control. If the dispatcher deems the call an emergency (see criteria below) the dispatcher will page the on-call animal control officer, (ACO). The ACO will contact Grand Terrace Dispatch; obtain the RP's name and phone number and follow-up with the RP for additional information. i' The dispatcher will advise the RP, to remain by a phone-for contact by the ACO. Unless requested by Grand Terrace, it will not be necessary for the ACO to notify j the dispatcher of the disposition of the call. If the emergency response is an n agency assist request by Grand Terrace Police/Fire, the ACO will automatically respond. I San Bernardino will provide a monthly listing of on-call animal control personnel. San Bernardino will provide personnel to train Grand Terrace dispatchers in on- 'callk ! procedures, as requested. j it f Criteria for Emergency Call-Out ♦ Injured stray animals 3 ♦ Loose "aggressive" animals. ♦ Animal bites/attacks. ♦ Loose livestock if a threat to public safety ♦ Other dangerous or Poisonous animal situations posing public safety. • Agency Assists for Fire, Police, Sheriff, etc. Emergency Calls will be responded to within thirty (30) minutes of receipt by San Bernardino when practicable. If the dispatcher determines that the call does not meet emergency call-out criteria, the RP will be instructed to contact -animal control during regular business hours. San Bernardino personnel will not ' respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and sick or injured animals. 9. Inspection Designated personnel from Grand Terrace may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicing this Agreement. 10. Reclaimed Animals Animals reclaimed by their owners will be charged redemption fees in accordance with City of San Bernardino resolutions and applicable state laws. San Bernardino will retain such fees. 10. Exclusions San Bernardino will not be required to: • Conduct rabies vaccination and license clinics. • Provide dog license canvassers. • Administer and sell Grand Terrace dog licenses. • Handle animal noise complaints. - a 4 E, a `_ CALI'FORNIA AGENDA REPORT MEETING DATE: March 23, 2010 Council Item (X ) CRA Item ( ) r ~ TITLE: Consider Options.to Fill the Vacancy on City Council PRESENTED BY: John Harper, City Attorney RECOMMENDATION: Option 1. Direct staff to solicit applications from interested members of the community; Set a deadline for applications; Set a date for a Special City Council meeting to interview applicants Or Option 2. Maintain a vacancy on the City Council and call a Special Election for November 2, 2010 to fill the vacancy t�f BACKGROUND: At the City Council meeting held on March 9, 2010, Council Member Jim Miller submitted his resignation from the City Council effective March 10, 2010. This creates a vacant term scheduled to expire November 2012. DISCUSSION: Government Code Section 36512(b) provides that if a vacancy occurs in an elective office, the City Council shall, within thirty (30)-days from the commencement of the vacancy, either fill a vacancy by appointment or call a special election to fill a vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. If the City Council fails to call an election or fill the vacancy by appointment, the vacancy is automatically filled at the next regularly established election date. In this case, whether the City Council calls, a special election or not, if the City Council does not fill the vacancy by appointment, the vacancy will be filled at the November regular election. The person either appointed or elected serves the remainder of the vacated term. FISCAL IMPACT: If the Council chooses to fill the vacancy at the November, 2010 election, there will be an additional cost of approximately $2,000 to place this contest on the ballot. COUNCIL AGENDA ITEM NO. �j 1 Respectfully submitted: John Harper, City Attorney Manager Approval: Betsy . Adams, City Manager ATTACHMENTS: None